SENATE—Tuesday, May 18, 1999

9844 CONGRESSIONAL RECORD—SENATE May 18, 1999 SENATE—Tuesday, May 18, 1999

(Legislative day of Friday, May 14, the Senate will recess for the weekly amendments and revisions agreed to by Sen- 1999) party caucus luncheons from 12:30 to ators Wyden, Dodd, Hatch, Feinstein and The Senate met at 9:30 a.m., on the 2:15. Bennett, as the most reasonable approach to expiration of the recess, and was called I thank my colleagues for their at- curtail unwarranted and frivolous litigation that might occur as a result of the century to order by the President pro tempore tention. date change. [Mr. THURMOND]. f While we appreciate any effort that further demonstrates the bipartisan recognition of PRAYER Y2K ACT—MOTION TO PROCEED the need for legislation, the Coalition does The Chaplain, Dr. Lloyd John The PRESIDENT pro tempore. The not support the Y2K bill that is being cir- clerk will report. culated in your name and believes it detracts Ogilvie, offered the following prayer: from the sponsors of S. 96 effort to build sup- Almighty God, Lord of our lives and The legislative assistant read as follows: port for their bill. We urge you to support S. Sovereign of our beloved Nation, we 96 that is now pending before the Senate. humbly confess our need for Your su- Motion to proceed to the consideration of Your vote in favor of cloture is important to pernatural power. Thank You that You S. 96, a bill to regulate commerce between bring the bill to the floor and allow the Sen- do not tailor our opportunities to our and among the several States by providing ate to address the challenge of Y2K con- for the orderly resolution of disputes arising fronting all Americans. A vote in favor of S. abilities, but rather give us wisdom, out of computer-based problems related to strength, and vision to match life’s 96 is a vote in favor of Y2K remediation in- processing data that includes a 2-digit ex- stead of litigation. challenges. We surrender the pride of pression of the year’s date. A very impressive list of, I believe, thinking that we can make it on our The Senate resumed consideration of 130 companies and corporations around own resources. We are totally depend- the motion. America, a pretty impressive group of ent on You. We could not think a The PRESIDING OFFICER (Mr. corporations that, I would say, rep- thought, give dynamic leadership, or FRIST). The Senator from Arizona is resents a substantial portion of Amer- speak persuasively without Your con- recognized. ica’s economy, that is concerned about stant and consistent blessing. You are Mr. MCCAIN. I thank the Chair. this issue and wants us to move for- the Source of all we have and are. We In about 10 minutes, we are going to ward. praise You for the talents, education, have another vote on cloture so that I had honestly believed that after the and experience You have given us, but we can proceed to the very important demonstration of solidarity last week we know that You alone can provide Y2K liability bill, S. 96. The word is out on this issue on the part of my friends the insight, innovation, and inspiration that the Democrats will now again and colleagues on the other side of the we need so urgently to meet the prob- refuse to move forward with passage of aisle—I took the Democrat leader at lems we face. You have told us there is this legislation. Last time, the excuse his word. He said we will move forward; no limit to what You will do to em- was, as I understand it from the Demo- we will have a bill; we want to work to- power leaders who trust You com- crat leader’s remarks, that they were gether on this. pletely and give You the glory. We not allowed to propose amendments to Apparently, that is not going to be commit this day to glorify You in all the pending legislation so this was the case this morning. If it is not the that we say and do. In Your all-power- some form of protest. Now I am told case, then, obviously, I will do what- ful name. Amen. the excuse will be—and we will find ever the majority leader dictates as to f out—because the juvenile justice bill what the Senate calendar will be. RECOGNITION OF THE ACTING has not been completed. Mr. LOTT. Mr. President, will the MAJORITY LEADER The entertaining aspect of that ra- Senator yield briefly? I don’t know the tionale is that while complaining about time situation. The PRESIDENT pro tempore. The not being able to move forward on the Mr. MCCAIN. Mr. President, I yield able acting majority leader, Senator juvenile justice bill, they still won’t the floor. MCCAIN, is recognized. agree to amendments and time agree- Mr. LOTT. Mr. President, how much f ments so we could dispose of the juve- time do we have? SCHEDULE nile justice bill. The PRESIDING OFFICER. The Sen- What this is really all about is that ator has 45 seconds remaining. Mr. MCCAIN. Mr. President, this there is a strong aversion on the part Mr. LOTT. Mr. President, I yield my- morning the Senate will resume debate of the American Trial Lawyers Asso- self some of the leader time if nec- on the motion to proceed to the Y2K ciation to this legislation. That aver- essary. I thank Senator MCCAIN for his legislation. At 9:45 this morning the sion is manifesting itself by preventing continuing effort on this important Senate will proceed to a rollcall vote us from moving forward with this very legislation. on invoking cloture on the motion to important legislation. I wonder how many people or how proceed to that bill. If cloture is in- Small, medium, and large businesses many Senators think the solution to voked, debate will continue on the mo- in America, high-tech firms all over the year 2000 computer problem is liti- tion to proceed. If cloture is not in- America, have written or contacted us gation, lawsuits. I don’t believe most voked, the Senate will begin a period of as to the importance of this legisla- Senators believe that is the answer. I morning business for 1 hour under the tion. I recently received a letter signed know the American people don’t be- control of Senator HELMS to com- by some 130 high-tech companies in lieve that is the answer. What they memorate the life of Admiral Bud America. I would like to read it. want is a solution. They want us to do Nance. This is from the Year 2000 Coalition. everything we can to help small busi- Attempts to come to a reasonable Actually, this letter was addressed to ness men and women and the computer time agreement to finish the juvenile Senator KERRY, not to me. It says: industry, everybody, address the prob- justice bill will be made during today’s The Year 2000 Coalition, a broad-based lem. If we don’t get it done by the year session of the Senate. However, until multi-industry business group, is committed 2000, they certainly don’t want lawsuits such an agreement is made, the Senate to working with the Senate to enact mean- to be the solution. will resume debate on the motion to ingful Y2K liability legislation. We fully sup- That is what is at stake. I have acted proceed to the Y2K bill. As a reminder, port S. 96 sponsored by Senator McCain, with in good faith. I know Senator MCCAIN

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

VerDate jul 14 2003 13:40 Jan 13, 2005 Jkt 069102 PO 00000 Frm 00001 Fmt 0686 Sfmt 0634 E:\BR99\S18MY9.000 S18MY9 May 18, 1999 CONGRESSIONAL RECORD—SENATE 9845 has. I was assured last week by Senator fendants, and prevent this unique situation Manufacturer’s Association of Northwest DODD of Connecticut that they were from triggering a crisis in our economy and Pennsylvania. ready to go forward, that a number of our legal system. Manufacturing Alliance of Connecticut, Democrats would join the over- Sincerely, Inc. Aerospace Industries Association. Metal Treating Institute. whelming Republican vote to support Airconditioning & Refrigeration Institute. Mississippi Manufacturers Association. getting cloture. Alaska High-Tech Business Council. Motor & Equipment Manufacturers Asso- I want to emphasize this is on the Alliance of American Insurers. ciation. motion to proceed. People need to un- American Bankers Associations. National Association of Computer Consult- derstand that. This apparently is going American Bearing Manufacturers Associa- ant Business. to be an effort by the Democrats to tion. National Association of Convenience block even taking up the bill to deal American Boiler Manufacturers Associa- Stores. with this Y2K litigation problem. tion. National Association of Hosiery Manufac- This is the second time in 3 weeks po- American Council of Life Insurance. turers. American Electronics Association. National Association of Independent Insur- litical games are being played with a American Entrepreneurs for Economic ers. very serious issue. If that is the way it Growth. National Association of Manufacturers. is to be, I want the American people to American Gas Association. National Association of Mutual Insurance understand the Democrats do not want American Institute of Certified Public Ac- Companies. a solution. They want to play games countants. National Association of Wholesaler-Dis- with this bill and they want litigation. American Insurance Association. tributors. That is what really is at stake. American Iron & Steel Institute. National Electrical Manufacturers Asso- As majority leader, I have to try to American Paper Machinery Association. ciation. deal with a lot of important issues, in- American Society of Employers. National Federation of Independent Busi- American Textile Machinery Association. ness. cluding the juvenile justice bill, sup- American Tort Reform Association. National Food Processors Association. plemental appropriations for disasters, America’s Community Bankers. National Housewares Manufacturers Asso- the situation in Kosovo, bankruptcy Arizona Association of Industries. ciation. legislation, Department of Defense au- Arizona Software Association. National Marine Manufacturers Associa- thorization, a whole long list of bills. Associated Employers. tion. We can’t keep bringing up this bill or Associated Industries of Missouri. National Retail Federation. other bills. So this is it until somebody Associated Oregon Industries, Inc. National Venture Capital Association. shows me that there is a good-faith ef- Association of Manufacturing Technology. North Carolina Electronic and Information Association of Management Consulting Technology Association. fort. Firms. Technology New Jersey. As far as having votes on alter- BIFMA International. NPES, The Association of Suppliers of natives, I think Senator MCCAIN and Business and Industry Trade Association. Printing, and Publishing, and Converting other managers would be glad to do Business Council of Alabama. Technologies. that. If somebody has an alternative Business Software Alliance. Optical Industry Association. proposal—by Senator KERRY, Senator Chemical Manufacturers Association. Printing Industry of Illinois-Indiana Asso- DASCHLE —fine, let’s vote on that. But Chemical Specialties Manufacturers Asso- ciation. to just block even the consideration of ciation. Power Transmission Distributors Associa- tion. this bill I think is very questionable Colorado Association of Commerce and In- dustry. Process Equipment Manufacturers Associa- action. Colorado Software Association. tion. I hope the Senator will find a way to Compressed Gas Association. Recreation Vehicle Industry Association. deal with this. At some point, if some- Computing Technology Industry Associa- Reinsurance Association of America. body shows me they are ready to go tion. Securities Industry Association. and we go to the substance and we have Connecticut Business & Industry Associa- Semiconductor Equipment and Materials the votes to pass it, fine. Otherwise, tion, Inc. International. the Democrats have on their shoulders Connecticut Technology Association. Semiconductor Industry Association. the fact they have killed the Y2K legis- Construction Industry Manufacturers As- Small Motors and Motion Association. sociation. Software Association of Oregon. lation. Let them explain it to the Conveyor Equipment Manufacturers Asso- Software & Information Industry Associa- businesspeople of this country, the men ciation. tion. and women who have small businesses Copper & Brass Fabricators Council. South Carolina Chamber of Commerce. and to the computer industry, because Copper Development Association, Inc. Steel Manufacturers Association. that is where the problem is. Council of Industrial Boiler Owners. Telecommunications Industry Association. I yield the floor. Edison Electric Institute. The Bankers Roundtable. Mr. MCCAIN. Mr. President, I ask Employers Group. The Chlorine Institute, Inc. unanimous consent the letter to Sen- Farm Equipment Manufacturers Associa- The ServiceMaster Company. Toy Manufacturers of America, Inc. ator KERRY from the Year 2000 Coali- tion. United States Chamber of Commerce. tion and the letter to me be printed in Flexible Packaging Association. Food Distributors International. Upstate New York Roundtable on Manufac- the RECORD. Gypsum Association. turing. There being no objection, the letters Health Industry Manufacturers Associa- Utah Information Technology Association. were ordered to be printed in the tion. Valve Manufacturers Association. RECORD, as follows: Independent Community Bankers Associa- Washington Software Association. YEAR 2000 COALITION, tion. West Virginia Manufacturers Association. May 12, 1999. Indiana Information Technology Associa- Wisconsin Manufacturers & Commerce. Hon. JOHN MCCAIN, tion. U.S. Senate, Russell Senate Office Building, Indiana Manufacturers Association, Inc. YEAR 2000 COALITION, Washington, DC. Industrial Management Council. May 12, 1999. DEAR SENATOR MCCAIN: On behalf of the Information Technology Association of Hon. JOHN F. KERRY, Year 2000 Coalition, we are writing to ex- America. U.S. Senate, Russell Senate Office Building, press our strong support for S. 96, the Y2K Information Technology Industry Council. Washington, DC. Act. The attached letter was delivered to International Mass Retail Council. DEAR SENATOR KERRY: The Year 2000 Coali- Senator Kerry this afternoon. International Sleep Products Association. tion, a broad-based multi-industry business The Year 2000 Coalition strongly supports Interstate Natural Gas Association of group, is committed to working with the legislation that would encourage cooperative America. Senate to enact meaningful Y2K liability problem solving outside the courtroom in Investment Company Institute. legislation. We fully support S. 96 sponsored order to alleviate Y2K-related problems that Iowa Association of Business & Industry. by Senators McCain, with amendments and occur. We believe S. 96 would create a legal Manufacturers Association of Mid-Eastern revisions agreed to by Senators Wyden, framework to protect both plaintiffs and de- PA. Dodd, Hatch, Feinstein and Bennett, as the

VerDate jul 14 2003 13:40 Jan 13, 2005 Jkt 069102 PO 00000 Frm 00002 Fmt 0686 Sfmt 0634 E:\BR99\S18MY9.000 S18MY9 9846 CONGRESSIONAL RECORD—SENATE May 18, 1999 most reasonable approach to curtail unwar- Indiana Manufacturers Association, Inc. The PRESIDING OFFICER. The Sen- ranted and frivolous litigation that might Industrial Management Council. ator from Nevada. occur as a result of the century date change. Information Technology Association of Mr. REID. Mr. President, I hope we While we appreciate any effort that further America. do not lose sight of the fact we are on demonstrates the bipartisan recognition of Information Technology Industry Council. the need for legislation, the Coalition does International Mass Retail Council. the threshold of being able to do some- not support the Y2K bill that is being cir- International Sleep Products Association. thing very important for this country. culated in your name and believes it detracts Interstate Natural Gas Association of Those of us on this side of the aisle rec- from the sponsors of S. 96 effort to build sup- America. ognize we must do something with port for their bill. We urge you to support S. Investment Company Institute. Y2K, and we will. 96 that is now pending before the Senate. Iowa Association of Business & Industry. The fact of the matter is, we are now Your vote in favor of cloture is important to Manufacturers Association of Mid-Eastern PA. debating one of the most important bring the bill to the floor and allow the Sen- issues we face in this Congress. That is, ate to address the challenge of Y2K con- Manufacturer’s Association of Northwest fronting all Americans. A vote in favor of S. Pennsylvania. What are we going to do with violence 96 is a vote in favor of Y2K remediation in- Manufacturing Alliance of Connecticut, in our schools, violence in our society stead of litigation. Inc. generally? Sincerely, Metal Treating Institute. We could complete this juvenile jus- Aerospace Industries Association. Mississippi Manufacturers Association. tice bill in the next day or two. Amend- Airconditioning & Refrigeration Institute. Motor & Equipment Manufacturers Asso- ments have been winnowed down to Alaska High-Tech Business Council. ciation. National Association of Computer Consult- where we just have a handful. If we Alliance of American Insurers. stick to the substance of the bill, we American Bankers Association. ant Business. American Bearing Manufacturers Associa- National Association of Convenience could have something very important tion. Stores. for the American people. I hope we are American Boiler Manufacturers Associa- National Association of Hosiery Manufac- allowed to go forward with this juve- tion. turers. nile justice bill. American Council of Life Insurance. National Association of Independent Insur- I see the manager of this bill who has American Electronics Association. ers. National Association of Manufacturers. done such an outstanding job. I yield to American Entrepreneurs for Economic the Senator from Vermont. Growth. National Association of Mutual Insurance American Gas Association. Companies. Mr. LEAHY. Mr. President, the Sen- American Institute of Certified Public Ac- National Association of Wholesaler-Dis- ate has considered S. 254 for portions of countants. tributors. five days. The first day we were pre- American Insurance Association. National Electrical Manufacturers Asso- vented from offering any amendments American Iron & Steel Institute. ciation. until almost 3 p.m. in the afternoon. American Paper Machinery Association. National Federation of Independent Busi- When I tried to offer a first Democratic ness. American Society of Employers. amendment, the underlying amend- American Textile Machinery Association. National Food Processors Association. American Tort Reform Association. National Housewares Manufacturers Asso- ment to which it was offered was with- America’s Community Bankers. ciation. drawn and we started all over. Finally, Arizona Association of Industries. National Marine Manufacturers Associa- we were able to offer amendments al- Arizona Software Association. tion. ternating back and forth across the Associated Employers. National Retail Federation. aisle. Associated Industries of Missouri. National Venture Capital Association. Three amendments were debated and North Carolina Electronic and Information Associated Oregon Industries, Inc. voted on Tuesday evening and my law Association of Manufacturing Technology. Technology Association. Association of Management Consulting Technology New Jersey. enforcement amendment was offered Firms. NPES, The Association of Suppliers of and left pending overnight. On Wednes- BIFMA International. Printing, Publishing, and Converting Tech- day we continued to offer amendments Business and Industry Trade Association. nologies. on an alternating basis through the Business Council of Alabama. Optical Industry Association. day and voted on four more amend- Business Software Alliance. Printing Industry of Illinois-Indiana Asso- ments. ciation. Chemical Manufacturers Association. The Senate fell into a pattern of ta- Chemical Specialties Manufacturers Asso- Power Transmission Distributors Associa- ciation. tion. bling amendments offered by Demo- Colorado Association of Commerce and In- Process Equipment Manufacturers Associa- crats only to see those amendments dustry. tion. come back as Republican sponsored Colorado Software Association. Recreation Vehicle Industry Association. amendments that were then adopted. Compressed Gas Association. Reinsurance Association of America. Thus, after rejecting the Leahy law en- Computing Technology Industry Associa- Securities Industry Association. forcement amendment we saw an Semiconductor Equipment and Materials tion. amendment offered by Senator Connecticut Business & Industry Associa- International. ASHCROFT to add back several of its tion, Inc. Semiconductor Industry Association. Connecticut Technology Association. Small Motors and Motion Association. measures and had the McCain amend- Construction Industry Manufacturers As- Software Association of Oregon. ment on these same matters offered sociation. Software & Information Industry Associa- and withdrawn. Conveyor Equipment Manufacturers Asso- tion. Unquestionably the Senate hit a real ciation. South Carolina Chamber of Commerce. snag on this bill when it rejected, on a Copper & Brass Fabricators Council. Steel Manufacturers Association. Telecommunications Industry Association. virtual party line vote, the Lautenberg Copper Development Association, Inc. amendment and we saw first the Craig Council of Industrial Boiler Owners. The Bankers Roundtable. Edison Electric Institute. The Chlorine Institute, Inc. amendment and then Hatch-Craig II Employers Group. The ServiceMaster Company. seeking to reclaim ground on the gun Farm Equipment Manufacturers Associa- Toy Manufacturers of America, Inc. show amendment. Senator SCHUMER tion. United States Chamber of Commerce. and I tried to point out problems with Flexible Packaging Association. Upstate New York Roundtable on Manufac- the Craig amendment only to be told Food Distributors International. turing. Utah Information Technology Association. that we were wrong on Wednesday Gypsum Association. night and right the morning after the Health Industry Manufacturers Associa- Valve Manufacturers Association. Washington Software Association. amendment was adopted. tion. West Virginia Manufacturers Association. Independent Community Bankers Associa- On Wednesday the Senate had under Wisconsin Manufacturers & Commerce. tion. consideration eight amendments Indiana Information Technology Associa- Mr. MCCAIN. Mr. President, I will through the day and voted on four of tion. have more to say after the vote. those. On Thursday the Senate voted

VerDate jul 14 2003 13:40 Jan 13, 2005 Jkt 069102 PO 00000 Frm 00003 Fmt 0686 Sfmt 0634 E:\BR99\S18MY9.000 S18MY9 May 18, 1999 CONGRESSIONAL RECORD—SENATE 9847 on four more amendments and debated own bill and deny Democrats a fair op- be Democratic amendments, since we the Schumer Internet gun amendment portunity to help shape that legisla- concluded Monday’s session with two and Hatch-Craig II on gun shows. tion through the amendment process. Republican amendments in a row. On Friday, despite the plans of many How about a commensurate oppor- To date, after the filing of the clo- Senators to travel to the Balkans and tunity for others to offer amendments ture petition to end action on the juve- others to be away on other business, we to that work product, too? nile violence bill and move off it and continued debating and voting. There The Senate last week had 13 roll call back to a debate on Y2K liability pro- were two additional votes and six addi- votes on amendments, Senator HATCH tection for certain businesses, there tional amendments were offered for de- accepted one and the Senate accepted have been 13 amendments offered and bate with votes to be scheduled this one on a voice vote after a tabling mo- now pending and awaiting Senate week. tion failed. We have adopted seven votes. As many amendments were of- It was also on Friday that the Major- amendments by roll call votes, includ- fered on Friday and Monday as were ity Leader attempted to leave this ju- ing the two Craig amendments, and ta- voted upon on Tuesday, Wednesday, venile crime bill and move off onto bled five amendments by roll call Thursday and Friday. It is hard to see other matters. By my calculation, it votes. We were making progress on the how anyone could say that we are not was after the Senate had been per- bill and I was gratified to hear the en- making progress and not making a mitted only the equivalent of three couraging words of the Majority Lead- strong good faith effort on this meas- days on the juvenile crime bill spread er on Thursday. ure. over the course of four calendar days. By last Friday, we had whittled the Let me put this debate in its proper If I recall correctly, the Senate spent 89 likely Democratic amendments context. In the last Congress, the Judi- almost that amount of time, a couple down by almost half and we have con- ciary Committee considered S. 10, a ju- of years ago, renaming Reagan Na- tinued working to reduce them. On Fri- venile crime bill, and the predecessor tional Airport. day we reached agreement on a finite to this measure. When Senator HATCH Indeed, the Majority Leader filed clo- list of possible amendments of which refers to years of work on S. 254, he is ture on his motion to proceed to S. 96 there were over 40 reserved not for referring to the work we did to improve immediately after moving to proceed Democrats but for Republicans. S. 10 in the last Congress. The Judici- back to that bill and abandon Senate I have been working on a managers’ ary Committee met on six separate oc- efforts on the juvenile violence legisla- package with Senator HATCH and be- casions to consider 52 amendments to tion. It is that vote that is now ap- lieve that one should be ready to be ac- S. 10—40 amendments were adopted by cepted today that will go a long way proaching. It is that vote that will de- unanimous consent and 12 amendments toward reducing the remaining amend- termine whether we abandon our effort were considered by roll call votes. ments on both sides and clearing the to craft a juvenile violence bill or not. As I have noted, the bill before us way to concluding Senate action on I urge all Senators to stay the course today, S. 254, was never considered by this measure. I hope that Senator and not abandon this effort. the Senate Judiciary Committee. The HATCH will continue to work with me Rather I would urge that we adopt sponsors bypassed the Judiciary Com- to offer that package without further the words of the Majority Leader from mittee. Democrats never had the delay. Friday when he said: ‘‘Give it a reason- After acceptance of that managers’ chance in Committee to debate it, to able time, give it full debate, have rea- amendment, I expect the remaining offer amendments to S. 254 or to im- sonable amendments, and then vote.’’ Democratic amendments will number prove it. Is it any wonder that Demo- No one can seriously claim that less than a dozen, probably less than 10, crats have amendments to this bill and Democrats are being dilatory or fili- and maybe less than that. Thus, if all would like an opportunity to be heard bustering this bill. We have proceeded the Democrats in the Senate could just on the important subject of juvenile vi- promptly from the moment the Major- have the opportunity to offer a number olence? Democrats’ first opportunity to ity Leader called it up for debate and of amendments equal to the number of improve this bill is during this Senate proceeded to offer amendments from amendments offered so far by three of floor debate. the earliest opportunity. I marvel at the original Republican sponsors of the Also recall that when Democrats comments by the sponsors of the bill bill, that would likely conclude Senate were in the majority and Republicans that it should have been passed with consideration of the bill and we could in the minority in 1994, there was a one day’s consideration. move to a vote on final passage. rather full debate on crime legislation. The fact is that the bill was not the From all that Senator HATCH has The Senate considered the 1994 crime product of Judiciary Committee action been saying since Sunday, after offer- bill for 12 days over three weeks, and but was introduced by the Majority ing amendments on Friday and Mon- considered 99 amendments to the 1994 Leader and the Chairman and five day, the Republican side has only an- crime bill. other Republicans from the Judiciary other three amendments to offer. It Let us keep focused on the task of Committee this January and placed di- would be a shame for the majority to completing consideration of this juve- rectly on the Senate calendar. The pull the bill now. nile violence bill without moving the sponsors objected to its being referred In spite of the filing of the Repub- Senate off onto other matters and to the Judiciary Committee and there- lican motion to pull this bill and move abandoning this important effort. Does by prevented it. back to the Y2K bill that was debated anyone really believe that the consid- It has sat on the Senate Calendar last month, Democrats have continued eration of liability limited Y2K legisla- since January, without hearings, with- offering amendments, when permitted tion is more important this month out an opportunity to be considered by by the Republican majority. Unfortu- than completing Senate action on a ju- the Judiciary Committee, and without nately, Republican objection last Fri- venile violence bill? I urge a no vote on any opportunity for any Democrats to day prevented Senator LAUTENBERG the Republican cloture motion and ask offer improvements or amendments to from offering his amendment in an ef- Republicans then to join with Demo- it. fort to get a final vote on the language crats to continue to work to complete It should not go unnoticed that in to be used in the context of gun show action on the juvenile violence bill. spite of the fact that they drafted the sales after Hatch-Craig II modified We are improving the bill by means bill, so far Republican cosponsors of that language for a second time. I trust of this Senate debate. Senator HATCH the bill have sponsored 10 of the 13 Re- that there will be progress on that and I are agreeing to include sugges- publican-offered amendments to it— front today as we proceed and that tions from Senators from both sides of the bill’s sponsors have sponsored 10 of other Democratic amendments will be the aisle in a managers’ amendment the Republican amendments so far. It allowed to be offered. that should be accepted today. We have is disingenuous for Republicans to seek It is my understanding that the next made and are making excellent leave to revise, reedit and amend their two amendments to be offered should progress. The Senate should be allowed

VerDate jul 14 2003 13:40 Jan 13, 2005 Jkt 069102 PO 00000 Frm 00004 Fmt 0686 Sfmt 0634 E:\BR99\S18MY9.000 S18MY9 9848 CONGRESSIONAL RECORD—SENATE May 18, 1999 to complete its work on this important lem. The consequences that may arise lawsuits that could cost him his com- legislation. from this problem are as yet unknown. pany. This is the type of situation we We were pleased when the Majority However, small family-owned busi- must prevent from occurring. Leader honored his commitment, made nesses are understandably concerned Women-owned and family-owned during the previous Senate debate on that their companies may be in danger businesses are the most vulnerable the Y2K bill, S. 96, to take up this either from the problem itself or from from costly litigation, either as plain- measure as a vehicle for youth violence suits brought by trial lawyers con- tiffs or defendants, because they don’t amendments. It would be ironic if we cerned only with the fees they can ob- have the time to devote to it and don’t now abandoned that effort to return for tain from settlements. have excess revenue to afford it. In ad- a second time to the debate on Y2K leg- The small businesses concerned with dition, small businesses do not want to islation before being given an oppor- Y2K litigation are located on Main sue companies with which they have tunity to complete action on this Streets all across America, not just long-standing relationships and whose measure. The Senate should reject clo- Silicon Valley. They are this country’s survival is tied to their own. Therefore, ture on the motion to pull the juvenile mom and pop groceries, its dry clean- encouraging resolution of disputes out- violence bill and continue our impor- ers and its hardware stores. The Na- side of the courtroom is of great assist- tant work on this measure. tional Federation of Independent Busi- ance to these businesses. Mr. President, we have not spent a nesses, the nation’s largest small busi- Second, the legislation requires great deal of time on the juvenile ness association, strongly supports this plaintiffs to provide defendants with crime bill. I think we spent the same legislation. The NFIB surveyed its notice prior to filing a complaint and amount of time renaming the National members and found that an over- allows defendants 60 days to correct Airport. We spent only a fraction of the whelming 93% support capping damage Y2K problems suffered by the plaintiff. time on the last crime bill when the awards for Y2K suits. The small busi- Encouraging mitigation and prompt Democrats controlled the Senate be- ness community is speaking with a settlement of claims allows small cause of the time taken by the Repub- unified voice in support of Y2K liabil- women-owned and family-owned busi- lican side. There were 99 amendments ity legislation and we should not ig- nesses to recover quickly from business on that crime bill, I point out. nore that voice. disruptions and, most importantly, al- The fact of the matter is that we can I have heard during the debate that lows small businesses to continue pass a good juvenile crime bill or we enactment of this bill will harm small doing business. As I stated before, can give into a powerful lobby. businesses. That simply is not the case. many of these businesses do not have I have been a gun owner since I was By merely reading the bill, it is appar- the cash flow to engage in long, drawn- 14. I trained my children in the use of ent that small businesses will benefit out disputes, if they want to stay in guns. I come from the only State in the greatly from its provision. So that we business. This provision will allow Union with no gun control laws, but I may dispel the myths surrounding this small women-owned and family-owned tell you right now my duty is first and bill once and for all, it is important to businesses to focus on correcting their foremost to the Senate, not to a gun point out several of the provisions of problems and continuing in business. lobby. I believe Senators should deter- this legislation that small women and This is what small businesses want to mine the schedule on this bill, not the family-owned businesses will find par- do and what Congress should encour- gun lobbies. Senators should vote this ticularly helpful. age. bill up or vote it down, not have it First, the legislation encourages al- The bill also establishes punitive withdrawn at the behest of any lobby, ternative dispute resolution for Y2K damage limits for suits against small even one as powerful as the gun lobby. lawsuits. This will help small busi- businesses. The bill provides that under We worked all weekend—all week- nesses tremendously. According to the most circumstances a small business end—and we have removed most of the Gartner Group, an international con- defendant cannot be subject to punitive amendments pending. sulting firm, more than $1 trillion will damages greater than 3 times the com- I point out that so far the Repub- be spent on litigation relating to the pensatory damages awarded or $250,000, licans who cosponsored the bill, spon- Y2K problem. Lawsuits are likely to whichever is less. I don’t believe that sored 10 of the 13 Republican amend- occur up and down the supply chain. anybody can reasonably suggest that ments to this bill. We have taken That is, if the supplier of a family- this provision will not help the small longer to vote on at least one amend- owned business has a Y2K failure that women-owned and family-owned busi- ment to accommodate Senators who impacts its abilities to serve its cus- nesses. Other than the obvious affect were out, some for a fundraiser, than tomers, it may have a lawsuit on its the cap will have, placing a limit on we did on the debate on that amend- hands. That business, to recoup its punitive damages will allow plaintiffs ment. losses, may then be forced to turn in meritorious suits to recover their We reached on Friday an agreement around and sue its supplier, which very actual damages quicker. Moreover, the on a finite list of possible amendments. well may also be a small business. The cap will decrease the number of frivo- We have a possible managers’ package supplier then will sue someone else to lous lawsuits that small businesses that could do this. We can finish this recoup its losses. The litigation cycle may have to face, as unscrupulous at- bill. I think if we want to do the actual is never-ending and small businesses torneys will realize that large settle- work, we will get it done. have the most to lose. ments will not be forthcoming. I reserve the remainder of my time. A good example of a small business It is also important to point out what Mr. BOND. Mr. President, I rise that may be caught in this cycle of liti- this bill will not do. It will not prevent today to address the Y2K Act from my gation is a constituent of mine who a small business from availing itself of perspective as the chairman of the Sen- owns a small medical supply company the judicial system when it has been ate Committee on Small Business. The that provides oxygen to patients. He wronged by another party’s actions re- choice presented by this legislation is has already determined he has a Y2K lated to the Y2K problem. The bill does clear—if you are a supporter of small problem with his computers and is dili- not affect the enforcement of written business in America, you must support gently trying to correct the problem. contracts nor does it prevent a small this legislation and vote for cloture so The Health Care Financing Adminis- business from bringing a lawsuit alleg- that the Senate may proceed on this tration has even required him to create ing negligence or other grounds based bill. a booklet to provide to customers rein tort law. The bill merely establishes One of the highest priorities of the garding the steps he has taken to be- a procedure to efficiently remedy dis- small business community for this come Y2K compliant. If his suppliers or putes and preclude a feeding-frenzy on Congress is that we establish proce- vendors have a Y2K failure and he can- the part of unscrupulous plaintiff’s at- dures to resolve disputes efficiently not supply needed oxygen to his cus- torneys attempting to earn their for- arising from the Y2K computer prob- tomers, he may very well be subject to tune from the Y2K problem.

VerDate jul 14 2003 13:40 Jan 13, 2005 Jkt 069102 PO 00000 Frm 00005 Fmt 0686 Sfmt 0634 E:\BR99\S18MY9.000 S18MY9 May 18, 1999 CONGRESSIONAL RECORD—SENATE 9849 Earlier this year, Congress passed on the calendar, for whatever reason, ate that debate on the motion to pro- Y2K legislation that I authored to pro- and who don’t want to do it cleanly. ceed to S. 96, the Y2K Act, shall be vide small businesses with the means They want to do it in an obfuscated brought to a close? to fix their own computer systems. The way so our fingerprints are on remov- The yeas and nays are required under next step is to discourage frivolous ing the bill. They want our fingerprints the rule. suits and permit small women-owned on this bill as it is put back on the cal- The clerk will call the roll. and family-owned businesses to resolve endar. The legislative clerk called the roll. Y2K disputes without costly litigation. We are not going to do that. We Mr. NICKLES. I announce that the The bill now before the Senate is a bi- ought to stay on this bill until it is fin- Senator from Kansas (Mr. BROWNBACK) partisan compromise that will accom- ished. We are getting closer. There is is necessarily absent. plish this objective without adversely absolutely no reason why, this week— Mr. REID. I announce that the Sen- early this week—we couldn’t finish this affecting lawsuits that have merit. ator from New York (Mr. MOYNIHAN) is I believe that the choice is clear. If legislation, if we set our mind to doing necessarily absent. so. you are a supporter of small women- I further announce that, if present So we are going to oppose cloture owned and family-owned business and and voting, the Senator from New York you want to see them continue as the today, not because we don’t want to (Mr. MOYNIHAN) would vote ‘‘no.’’ economic engine that runs this coun- move to Y2K. I want to move to that The PRESIDING OFFICER (Mr. try, you must support this legislation bill, and I will support a motion to pro- CRAPO). Are there any other Senators and vote in favor of cloture so that the ceed to Y2K. I will do it and I hope we in the Chamber who desire to vote? Senate may proceed on this bill. do it immediately, after this bill is Mr. LEAHY. What is the parliamen- completed. We don’t need to file clo- The yeas and nays resulted—yeas 53, tary situation? ture on it. I will support it, a lot of our nays 45, as follows: The PRESIDING OFFICER. The Sen- colleagues will support it. We want to [Rollcall Vote No. 120 Leg.] ator from Vermont has 2 minutes 42 get a Y2K bill passed. I hope we could YEAS—53 seconds, and the Senator from Arizona do it in a way that would bring a 100– Abraham Frist McConnell has 16 seconds. 0 vote. I think we are negotiating in a Allard Gorton Murkowski Mr. LEAHY. Mr. President, I will way that could produce that result, but Ashcroft Gramm Nickles Bennett Grams yield 30 seconds. maybe I am too optimistic. Roberts Bond Grassley Roth Mr. SESSIONS. Mr. President, I had Let’s take these things one step at a Bunning Gregg Santorum a question: Could we reach a time time. Let us ensure that we finish this Burns Hagel Sessions agreement? We could certainly cut de- bill before we move on to the next bill. Campbell Hatch Smith (NH) Chafee Helms Smith (OR) bate on any amendments from this And when we do, I will move on to the Cochran Hutchinson Snowe side, I think, to a very short time, and next bill and I will move on to the bill Collins Hutchison Specter then we ought to be able to reach a after that. We have to get our work Coverdell Inhofe Craig Jeffords Stevens time agreement. done, but let’s do it in an organized Crapo Kyl Thomas The majority leader would allow this fashion. DeWine Lott Thompson bill to come up and we could have the I yield the floor. Domenici Lugar Thurmond votes that the Senator would like to The PRESIDING OFFICER. The Sen- Enzi Mack Voinovich Fitzgerald McCain Warner have, but we need an ending date. We ator from Arizona has 16 seconds. cannot go on with the ‘‘walking’’ fili- Mr. McCAIN. Mr. President, I am NAYS—45 buster that puts all the agenda of this amused and entertained by the re- Akaka Edwards Levin Congress on hold because of an unlim- marks of the Democrat leader. All he Baucus Feingold Lieberman has to do is agree to a time and date Bayh Feinstein Lincoln ited time debate. Biden Graham Mikulski Could we do that? when the final passage of the juvenile Bingaman Harkin Murray Mr. DASCHLE. Mr. President, before justice bill would be voted on. He Boxer Hollings Reed we vote, let me make a couple of points knows it. I know it. We know it. Breaux Inouye Reid Bryan Johnson Robb very clear. He is using the same excuse he used Byrd Kennedy Rockefeller The first point is that we have done last time—almost exactly—that he Cleland Kerrey Sarbanes everything I know how to cooperate on would move forward with the bill and Conrad Kerry Schumer we would have final passage. I con- Daschle Kohl Shelby the juvenile justice bill. We have of- Dodd Landrieu Torricelli fered a finite list of amendments. We gratulate him on his rhetoric. Dorgan Lautenberg Wellstone have worked with our colleagues to re- CLOTURE MOTION Durbin Leahy Wyden duce that list. We have agreed to time The PRESIDING OFFICER. All time NOT VOTING—2 limits. We have not second-degreed or has expired. The cloture motion having Brownback Moynihan filibustered any amendments on the been presented under rule XXII, the other side. Chair directs the clerk to read the mo- The PRESIDING OFFICER. On this As I say, we have done it all. We even tion. vote, the yeas are 53, the nays are 45. offered to offer amendments on Friday The legislative assistant read as fol- Three-fifths of the Senators duly cho- and Monday. That was rejected by our lows: sen and sworn not having voted in the Republican colleagues because they CLOTURE MOTION affirmative, the motion is rejected. didn’t want to debate those particular We the undersigned Senators, in accord- Mr. LOTT addressed the Chair. amendments on Friday and Monday, ance with the provisions of rule XXII of the The PRESIDING OFFICER. The ma- after the majority leader made it clear Standing Rules of the Senate, do hereby jority leader. that he wanted to have a full debate on move to bring to a close debate on the mo- Mr. LOTT. Mr. President, let me say both of those days. We didn’t have a tion to proceed to Calendar No. 34, S. 96, the again how disappointed I am that it ap- full debate, but it wasn’t the fault of Y2K legislation: pears the Senate did not want to deal Trent Lott, John McCain, Jesse Helms, with the question of the year 2000 com- Democrats. Rod Grams, Connie Mack, John H. So Members might understand my Chafee, R. F. Bennett, Larry E. Craig, puter liability problem. I think that is surprise when the majority leader, out Craig Thomas, Pete Domenici, Richard a devastating blow for business and in- of the blue, without any prior notifica- G. Lugar, Sam Brownback, Ben dustry in this country, big and small, tion, filed this motion to proceed on Nighthorse Campbell, Pat Roberts, as well as the computer industry. If we Y2K. I am not sure why he is doing it Chuck Hagel, and Spencer Abraham. do not do this, I predict by this time today. I sense there are some on the VOTE next year our courts will be clogged other side who don’t want to finish the The PRESIDING OFFICER. The with lawsuits. I do not believe that is bill, who would rather put the bill back question is, Is it the sense of the Sen- the answer to the problem.

VerDate jul 14 2003 13:40 Jan 13, 2005 Jkt 069102 PO 00000 Frm 00006 Fmt 0686 Sfmt 0634 E:\BR99\S18MY9.000 S18MY9 9850 CONGRESSIONAL RECORD—SENATE May 18, 1999 ORDER OF BUSINESS What we face is the threat that an ava- effort to do so, they will shortly face Mr. LOTT. So that Senators will lanche of Y2K-related lawsuits will be costly litigation. The natural economic know how we would like to proceed for simultaneously filed on or about Janu- incentive of industry is to satisfy their the next hour or so, we want to have a ary 3, 2000 and that this unprecedented customers and, thus, prosper in the special order in honor of and tribute to wave of litigation will overwhelm the competitive environment of the free one of the finest staff members I have computer industry’s ability to correct market. This acts as a strong motiva- ever known in the 26 years I have been the problem. Make no mistake about tion for industry to fix a Y2K problem in Congress, Adm. Bud Nance. it, this super-litigation threat is real, before any dispute becomes a legal one. PRIVILEGE OF THE FLOOR and if it substantially interferes with This will be true, however, only as long Mr. LOTT. I ask unanimous consent the computer industry’s ongoing Y2K as businesses are given an opportunity that during the tributes to Admiral repair efforts, the consequences for to do so and are not forced, at the out- Nance all staff of the Foreign Relations America could be disastrous. set, to divert precious resources from Committee be granted floor privileges. Today we face the more immediate the urgent tasks of the repair shop to The PRESIDING OFFICER. Without problem of frivolous litigation that the often unnecessary distractions of objection, it is so ordered. seeks recovery even where there is lit- the court room. A business and legal Mr. LOTT. It is anticipated that fol- tle or no actual harm done. In that re- environment which encourages prob- lowing those tributes, some time might gard, I am aware of at least 25 Y2K-re- lem-solving while preserving the even- be spent hearing further from Senators lated class actions that are currently tual opportunity to litigate may best expressing their concern at and dis- pending in courts across the country, insure that consumers and other inno- appointment about the vote against with the threat of hundreds more to cent users of Y2K defective products cloture on the motion to proceed to the come. are protected. Y2K issue. Then we will work with the It is precisely these types of Y2K-re- Democratic leadership and the man- lated lawsuits that pose the greatest The Y2K problem presents a special agers of the juvenile justice bill to see danger to industry’s efforts to fix the case. Because of the great dependence how we can proceed on that bill after problem. All of us are aware that the of our economy, indeed of our whole so- the policy luncheon hour or two hours. computer industry is feverishly work- ciety, on computerization, Y2K will im- Hopefully, we could have some wrap-up ing to correct—or remediate, in indus- pact almost every American in some debate on amendments that were of- try language—Y2K so as to minimize way. But the problem and its associ- fered Friday and Monday, because any disruptions that occur early next ated harms will occur only once, all at some of those amendments were of- year. approximately the same time, and will fered and some debate was heard but What we also know is that every dol- affect virtually every aspect of the the other side was not heard on that lar that industry has to spend to defend economy, society, and government. particular amendment, and it could against especially frivolous lawsuits is What we must avoid is creating a liti- have been from either side of the aisle. a dollar that will not get spent on fix- gious environment so severe that the So some additional time might be ing the problem and delivering solu- computer industry’s remediation ef- needed for that, and I was thinking of tions to technology consumers. Also, forts will slacken and retreat at the maybe a series of stacked votes. how industry spends its precious time very moment when users and con- We have some 13 amendments that and money between now and the end of sumers need them to advance with all are pending. Hopefully, we would not the year—either litigating or miti- deliberate speed. What we must avoid have to have a recorded vote on all of gating—will largely determine how se- is the crippling the high tech sector of those, but whatever number would be vere Y2K-related damage, disruption, our economy. required, and then see if we can work for a way to complete the juvenile jus- and hardship will be. As chairman of the Federal Reserve Let me talk about the potential fi- tice bill in a reasonable period of time Board Alan Greenspan recently noted, nancial magnitude of the Y2K litiga- with a reasonable number of amend- the tremendous growth of our economy tion problem. The Gartner Group esti- ments on both sides, and then go to- is in large measure a result of produc- mates that worldwide remediation morrow, hopefully, not later than tivity gains resulting from the comput- noon, to the supplemental appropria- costs will range between $300 billion to erization of our economy. America is tions bill, assuming the House passes $600 billion. Other experts contend that unquestionably the high tech leader in that this afternoon or tonight. overall litigation costs may total $1 the world today. Our technology is a I think it would be irresponsible for trillion. Even if we accept the lower major export item. Unless the Y2K bill us to delay any longer than is abso- amount, according to Y2K legal expert is passed, the American high tech in- lutely necessary to take up this legis- Jeff Jinnett, ‘‘this cost would greatly formation industries and computer lation. It has been pending too long. It exceed the combined estimated legal businesses will be swamped by an ava- is supposed to be an emergency, sup- costs associated with Superfund envi- lanche of lawsuits. ronmental litigation . . . U.S. tort liti- posed to deal with disasters in Central Mr. President, why kill the goose gation . . . and asbestos litigation.’’ America, in Kansas and Oklahoma, as that lays the golden egg? Let the Sen- Perhaps the best illustration of the well as the defense needs in support of ate vote on the underlying bill. Let the sheer dimension of the litigation mon- our men and women who are flying Senate vote on Democrat and Repub- ster that Y2K may create is Mr. bombing raids right now over Kosovo. lican amendments. But let us vote on Jinnett’s suggestion that a $1 trillion It would be my intent, as soon as we re- the merits of the bill. Leave politics estimate for Y2K-related litigation ceive it from the House, to go to that aside. This issue is too important to be costs ‘‘would exceed even the estimated legislation. It is still my hope that we held hostage. can complete juvenile justice in a rea- total annual direct and indirect costs sonable period of time. of all civil litigation in the United The excuse that the minority prof- Mr. HATCH. Mr. President, I am ex- States,’’ which he says is $300 billion fered is that the Y2K should not be tremely disappointed in the failure of per year. brought up until the Juvenile Justice the Senate to invoke cloture. I believe These figures should give all of us bill is completed. How ironic. I have that there exists strong bipartisan sup- pause. At this level of cost, Y2K-re- been working around the clock to work port for the bill and it is a shame that lated litigation may well overwhelm on a time agreements for amendments the bill may die for partisan reasons. the capacity of the already crowded to the Juvenile Justice bill. The minor- But the Democrats held firm on clo- court system to deal with it. ity has been delaying the Juvenile Jus- ture. Sometimes party unity is a good Thus, it is imperative that Congress tice bill and uses the delay as an ex- thing, but in this case, it is a mistake. should give companies an incentive to cuse to vote no on cloture petition on The reason why it is a mistake is fix Y2K problems right away, knowing a motion to proceed to the Y2K bill. that the Y2K problem hurts America. that if they do not make a good-faith That’s called chutzpa.

VerDate jul 14 2003 13:40 Jan 13, 2005 Jkt 069102 PO 00000 Frm 00007 Fmt 0686 Sfmt 0634 E:\BR99\S18MY9.000 S18MY9 May 18, 1999 CONGRESSIONAL RECORD—SENATE 9851 Look, a strong bipartisan sub- My problem, as the majority leader, tinue our efforts and report to our re- stitute—a Dodd-McCain-Hatch-Fein- is that we have the supplemental, spective leaders after the caucus where stein-Gorton-Wyden-Bennett sub- which is not going to be completed in 2 we stand. stitute—has been crafted. This sub- hours. This bill is going to take some I see the distinguished Senator from stitute is carefully drafted to assure an discussion. I think it is a tragedy that Utah on the floor. I know that he appropriate balance between the rights we are not going to do the Y2K issue, wants the floor, and so I will yield. of citizens to bring suits for compensa- but I am interested in getting a result. The PRESIDING OFFICER. The Sen- tion and the need to protect the high I think if we can get some cooperation, ator from Utah. tech community from onerous and we can achieve that. Mr. HATCH. Mr. President, I really wasteful litigation. This is a fair reso- Keep in mind that we have had some appreciate the majority leader and his lution of differences between Demo- 25 amendments, I believe, that have patience and forbearance, because this crats and Republicans. I hope—for the been offered and debated. This would bill is now in its sixth day. That is sake of our Nation—that the minority call for 20 more. That is 45 amendments more than we give to most bills in the allows us to debate this provision. on a bill that has been in the making Senate, unless they are just hotly contested. This is one that should not be f for 2 years. So I think my request is reasonable, and it is my third or fourth hotly contested. Everybody ought to be UNANIMOUS CONSENT REQUEST— attempt to find some sort of time for this bill. S. 254 agreement. Mr. President, yesterday I read a Mr. LOTT. So for the sake of discus- I thought and was assured that we quote from a recent New York Times sions, I ask unanimous consent that would work to complete this bill last editorial, and I would like to read it the Senate now resume consideration Thursday. That didn’t work out. And I again, prior to the time for Senator of the juvenile justice bill, and there be understand. Sometimes the leadership HELMS. 10 amendments in order per side to be on both sides of the aisle has goals we This is from the New York Times edi- selected from the amendments in order wish to achieve, but the rest of the torial: pursuant to the previous consent of troops don’t necessarily follow and fall In the past it was not hard to be struck by May 14, and passage occur by 12 noon, in line, so we can’t quite fulfill that the way time seemed to roll over a tragedy like a school shooting, by the disparity be- Wednesday, May 19. commitment. But the suggestion was tween the enduring grief of parents who lost Mr. LEAHY. Reserving the right to made, well, we will have amendments children in places like Paducah and object—and my distinguished friend Friday and Monday, and we would vote Jonesboro and the swift distraction of the from Mississippi discussed this with me on a series of amendments Tuesday rest of us. This time, perhaps, things may be before during the vote—and as I have morning, final passage by noon. That different. The Littleton shootings have told my friend from Mississippi and my was objected to. Then we said, how forced upon the nation a feeling that many friend from Utah, we are continuing to about 5, with more amendments after parents know all too well—that of inhabiting work to whittle down the number of the stacked votes on Tuesday morning. the very culture they are trying to protect amendments certainly on our side. As I their children from....The urge to do That was objected to. Then I said 6. something about youth violence is very had assured my friend from Utah over That was objected to. strong...but it will require an urge to do the weekend, I and my staff have spent Now I am saying, how about getting many things, and to do them with consider- a lot of time talking to Democratic what we have standing, 20 more amend- able ingenuity and dedication, before symp- Members, and we have cut out a num- ments, and complete it by noon on tomatic violence of the kind that occurred in ber of amendments. Wednesday so we can go to the supple- Littleton begins to seem truly improbable, I do want to see this bill completed. mental. I think I am bending over not just as unlikely as the last shooting. I do want a good juvenile justice bill. backwards, not because I want more of That was the New York Times, May Also, I want to get us on to Y2K, as the the type of debate that I heard last 11, 1999. While I may not agree with the distinguished Democratic leader, Sen- week where Senators even object to a Times on everything, I doubt I could ator DASCHLE, said he is in favor of the Senator amending their own amend- have described any better the task we Y2K bill. He is in favor of going imme- ment. I didn’t realize that happened in have taken on. This issue is a complex diately, after juvenile justice, to the the Senate. I was very disappointed problem and one which requires dedica- Y2K bill. with that action. But instead, we must tion, a spirit of cooperation, and an The distinguished majority leader is come together and seriously try to deal agreed upon set of objectives. absolutely right in what he said about with this problem. I believe that spirit of cooperation the supplemental. I suspect—I have not I know there are Senators on both has been lacking somewhat as this is talked with Senator STEVENS and Sen- sides of the aisle who want to do that, the sixth day we are on this bill and, as ator BYRD—that is going to go fairly and I am anxious to find a way to get of this morning, my colleagues on the rapidly. it done and get it completed. I will other side of the aisle still had over 25 We are going to have our caucus withhold this request. I hope the man- amendments. Now, my friend from luncheons. The distinguished Senator agers will work through this, while we Vermont has indicated that he is work- from North Carolina wishes to begin a are having this very well-deserved trib- ing to try and get those cut down. I series of justly-deserved tributes to the ute to Admiral Nance, and then after hope he is successful. I have spent sev- admiral. I ask the distinguished leader the luncheon hopefully we can wrap up eral days urging Republicans not to if he would withdraw for now the unan- some agreement. offer their amendments—most have imous consent agreement, let us work Mr. LEAHY. If the distinguished been agreeable—in the hopes that my during our caucus luncheons with leader will yield further, I will be very colleagues on the other side would re- other Members to try to get this up so brief. In my 25 years here, I have seen ciprocate. I spent the weekend here, we can accommodate both the Repub- majority leaders, distinguished major- and my staff was here working around lican and Democratic side, get amend- ity leaders, both Republican and Demo- the clock. We heard nothing from the ments voted up or down, and get the crat, try to whittle down bills in time, other side during that time. Indeed, we bill voted up or down. and usually when they propose time were told by them that staff would not Mr. LOTT. Mr. President, based on agreements, the number of amend- be coming in to meet with us at that that request and a full measure of try- ments has expanded. In this case, I say time. ing to be reasonable and get an agree- the good news for the distinguished Now, perhaps they were trying to ment to get this worked out and com- Senator from Mississippi is, each time work on the Democrat amendments. pleted, because I think juvenile crime he has done this, actually the numbers Certainly, the distinguished Senator in this country is a very serious issue, have dwindled, and dwindle and dwin- from Vermont says that is what he was for the Senate to not deal with it seri- dle. doing. But frankly, we were prepared ously and to complete action would be I suggest that perhaps the distin- to work and cut these matters down indefensible. guished Senator from Utah and I con- and get this whole matter completed.

VerDate jul 14 2003 13:40 Jan 13, 2005 Jkt 069102 PO 00000 Frm 00008 Fmt 0686 Sfmt 0634 E:\BR99\S18MY9.000 S18MY9 9852 CONGRESSIONAL RECORD—SENATE May 18, 1999 In fairness, we have been given some bill. I am certainly hopeful that that is progress. That is very significant suggested changes to the underlying what we are going to get done either progress. bill. We were given those suggestions today or tomorrow. Now, the distinguished Senator from late yesterday. I would be willing to I think the majority leader has been Utah said on the talk shows this week- accept a number of them if it meant we more than accommodating on this. He end that they need seven amendments could pass this bill by a date certain. has indicated that he can only give so on the Republican side. Four were in- As well, staff has been working to clear much time to this because there are so troduced yesterday, but this morning several amendments as part of a man- many other pending bills. The distin- there are suddenly 10. We have kind of agers’ package of amendments, which I guished Senator from Vermont and I floating numbers here. But the facts hope Senator LEAHY and I can do. Still, both know that we have to bring up the are such that we have been working we have been given no commitment, bankruptcy bill, the Satellite Home and we have cleared a very large num- assurances, or even a hint that my col- Viewer Act, in addition to all these ber of amendments that Senators never leagues will agree to a vote on a time very important issues that involve the have to see. or date certain. This bill is too impor- national defense and our people who The last crime bill took 12 days. tant to be treated this way. The prob- are serving in the Balkan crisis, and, of There were 99 amendments. We walked lem of juvenile crime and the victims course, the supplemental appropria- through it, and we did it. I remember of juvenile crime deserve better. tions bill. We only have a limited time being on that committee of conference, We should pass this bill, but there in which to do it. and the distinguished Senator from are a number on the other side who So it is good that we get together Utah may recall that we were there want to pull this bill down. You hear a today and get this matter resolved. I until 3, 4, 5 o’clock in the morning. lot of posturing about the gun lobby, don’t think we could have had a more These were complex issues, but we got which is complete nonsense. Let’s just cooperative majority leader, under the it done. The crime rate has been com- review the facts. circumstances. We stand ready, willing down for 6 years—something that I The President’s gun package was ing, and able to work with our col- have not seen under any other adminis- framed as essentially containing the leagues on the other side to try to nar- tration before—Republican or Demo- following elements: Gun show loop- row these amendments and, of course, crat. So we can get somewhere on this. holes; permanent Brady; one gun a work with them to try to get some of We have significant issues in here. month; juvenile Brady; juvenile posses- these problems solved that they think Every single Member on this side of the sion of assault weapons, increase the are so serious. aisle is committed to seeing a juvenile age to 21; child access to guns, liabil- I might add that a number of these justice bill passed. We want to go on to ity; safety locks; increase penalties for gun amendments were already in the debate and vote on Y2K. The majority guns to juveniles; firearms tracing; bill; juvenile Brady is a prime example. leader is correct in saying the supple- youth crime gun initiative; gun king- We had that already in the bill. You mental has to be passed. We are not pins penalties; and a clip ban. would think, from the President’s re- trying to delay it. I assure my friend More than half of the President’s so- marks, that it wasn’t part of our bill. from Utah that an enormous amount of called ‘‘plan’’ has been acted on by the We have worked on this bill for 2 years. work was done this weekend, and it Senate or is contained in a pending I want it to be bipartisan; I want our was done until very late last night. I amendment. In other words, we have Democratic colleagues to be part of think my last e-mail on this came agreed to a unanimous consent agree- this; I want them to feel good after it through to me at about 12:30, 12:45 this ment limiting amendments which al- is all done. We have made every effort morning. We are getting it done. lows for the remaining elements of the to try to accommodate them. But to Now, the distinguished Senator from President’s plan to be offered. have this thing go on for another day North Carolina has been sitting here So the question is, Where is the or two is basically not right, under the patiently and wishes to speak about a President on this issue? Republicans circumstances. lifetime friend, a man who deserves a want to let this plan be voted on, but So I hope we can get together, and I great deal of honor and praise by this his allies in the Senate do not appear hope we will work together and get our Senate from both sides. I think we eager to move forward. I hope they staffs together, and I hope we will re- would do the Senate well and the mem- will. solve this either today or tomorrow. ory of the great man well by both of us I believe my colleague from Vermont I yield the floor. holding this debate until after the cau- when he says that, given some time Mr. LEAHY. Mr. President, I know cus. I thank the distinguished Senator and through the caucuses today, we the distinguished Senator from Utah from North Carolina for his courtesy, probably can get this resolved, or at would not want to leave a wrong im- which was doubly helpful this morning least he hopes we can. I do also. We pression about what has happened, so because I know this is a difficult time have to get it resolved. perhaps I might flesh out his remarks for him. We are not trying to avoid the gun just a tad. I yield the floor. issue. I think some are concerned how One, it should be noted that every f this bill, with its reforms of the enter- single Democratic Senator wants to see tainment industry, will be received by a juvenile justice bill passed. The com- MORNING BUSINESS their friends in Hollywood. That is ments about pulling the bill down have The PRESIDING OFFICER. Under something I think really bothers some all come from the Republican side of the previous order, the Senate will now on the other side. It bothers me, too. the aisle, not from the Democratic side proceed to morning business for 60 min- But we are doing some things that of the aisle. utes, under the control of the Senator really are valuable, really viable, real- As far as working on this, I am not from North Carolina, Mr. HELMS, for a ly worthwhile, and really allow for vol- sure to what the Senator is referring. I special order in memory of Adm. Bud untary compliance and an approach don’t know when I have spent so much Nance. that really will work in the best inter- time on the phone, the computer and e- The Senator from North Carolina is ests of the entertainment industry. mails, and on a bill as I have this past recognized. Given the seriousness of this prob- weekend. Our staffs have worked late f lem, and the number of warning signs into the night. We were given a wish that future tragedies may be immi- list from the Republican staff, as was TRIBUTE TO ADMIRAL BUD NANCE nent—we are announcing them daily— appropriately done at the beginning of Mr. HELMS. Mr. President, let me we cannot afford to filibuster this bill the weekend. We worked on that all take note that members of Adm. through amendment. We should not weekend long, calling Senators all over Nance’s family are in the family gal- play politics with this bill. Instead, we the country on it. As of last night, we lery. While the rules prohibit my say- should come together and pass this had cleared 40 amendments. That is ing anything to them, I think they

VerDate jul 14 2003 13:40 Jan 13, 2005 Jkt 069102 PO 00000 Frm 00009 Fmt 0686 Sfmt 0634 E:\BR99\S18MY9.000 S18MY9 May 18, 1999 CONGRESSIONAL RECORD—SENATE 9853 know that our deepest sympathy goes was she who did the hard part. He used assistant to Mr. Reagan’s national security to them from us. to say, ‘‘I was away so much of the adviser, the Washington Post said he was Mr. President, when I heard the time, and she was back home raising ‘‘among the most well-connected military of- sound of Dr. Elaine Sloand’s quiet our children and raising them right.’’ ficers in Washington.’’ When Sen. Helms asked him to reshape the voice on the other end of the line at Mr. President, I could go on, but I Foreign Relations Committee staff, he ac- about 3:30 in the afternoon a week ago, shall not, except for one final vignette, cepted pay only because the law required it— I detected an unmistakable sadness in which underscores the goodness and $2.96 a week, the congressional minimum. it. I tried to brace myself for the bad tenderness of ‘‘The Admiral.’’ After automatic raises bumped it to $4.53, news that had been expected for a day Some years ago, on a cold and wintry Sen. Helms observed. ‘‘Bud’s worth every or so. Dr. Sloand, a wonderful, great, night, a kitten was abandoned at Bud’s penny.’’ kind and compassionate physician, had and Mary Lyda’s front door. It was Bud Nance was an officer, a gentleman and done everything within her power to doubtful that the kitten—cold, shiv- an American hero. When he took the Foreign Relations post, he said, ‘‘The only thing I’m save Bud Nance’s life. Many others at ering and wet—would survive, but Bud here for is to do a good job for the United the National Institutes of Health had and Mary Lyda produced hot water States, and to make sure Jesse gets a square also worked against the odds to save bottles and a tiny bed for that little deal.’’ His nation, and his old friend, will at- this great American, the remarkable kitten who was too fragile and too test that, as always, he accomplished his retired Naval officer who had fought in young to handle solid food. For 2 or 3 goals. almost a dozen of the major battles of nights straight, Bud Nance sat up with World War II. that kitten, lovingly holding it in his ROB CHRISTENSEN: JESSE LOSES A BOYHOOD So, Mr. President, when I picked up arms while, with a teaspoon, feeding a FRIEND the phone and heard Dr. Sloand’s voice, little bit of warm milk into that tiny (By Rob Christensen) I knew that James Wilson Nance was little fluff of fur. They are breaking up Jesse Helms’ old gone. And he was. But the kitten did survive. He named Monroe High School Band. that kitten Kate. She slept at the foot One by one, the members have been going As I sat at my desk in silence and to their reward. Gone is the oboe player, alone, I recalled the poignancy of Adlai of Bud’s bed from then on. Henry Hall Wilson, once chairman of the Stevenson years ago when he lost the Mr. President, Dot and I visited Mary Chicago Board of Trade and a former U.S. bid for the Presidency: ‘‘It hurts too Lyda Faulk and the wonderful Nance Senate candidate. Gone is the cornet player, bad to smile and I’m too old to cry.’’ children that night following Bud’s de- Skipper Bowles, a former gubernatorial can- A thousand memories crowded their parture earlier in the afternoon. While didate and the father of former White House way into my consciousness as I sat we sat in the living room chatting, in chief of staff Erskine Bowles. there in those few quiet minutes. You strolled Kate. She checked each one of And last week, the clarinet player, retired the several of us, but she first went to Rear Adm. James ‘‘Bud’’ Nance, passed see, Mr. President, Bud Nance and I away. could not have been more than 4 or 5 Bud’s empty chair. I believe Kate knew Which left Helms, the tuba player, fielding years old when we began playing to- that her great benefactor and her best condolence calls from the likes of President gether as little boys. On one occasion, friend was gone. Clinton and Gov. Jim Hunt. Helms has lost he had scarcely had time to get to his Kate was such a lucky little kitten, his best remaining friend who isn’t named home from my house a couple of blocks just as all the rest of us were lucky to Dot Helms. away in our little hometown of Mon- have known Bud Nance, to have It’s not just that Nance was Helms’ chief of roe, when he was back knocking at the worked with him, to have had him as a staff on the Senate Foreign Relations Com- true and faithful friend, a friend whom mittee. Their relationship started in 1921 in door. There he stood with his little the Union County town of Monroe, where hand thrust forward with a toy: we not only admired, but loved. Jesse and Bud were born two blocks apart, ‘‘Here,’’ he said, ‘‘this is yours; I took I ask unanimous consent articles two months apart. it home by mistake and I’m sorry.’’ about Admiral Nance be printed in the It was Jesse and Bud who used to go to The Just as the boy, Bud Nance, was RECORD at the conclusion of my re- Strand to see Tom Mix westerns. It was unfailingly and impeccably honest, so marks. Jesse and Bud who put a ‘‘For Sale’’ sign on was Rear Adm. James W. Nance dec- There being no objection, the mate- their high school lawn one Halloween. And it ades later when he skippered a series of rial was ordered to be printed in the was Jesse and Bud who would slip behind the RECORD, as follows: school to sneak a cigarette. U.S. warships, including the giant air- Jesse was proud of Bud’s Navy career—on craft carrier, the Forrestal, that had [From the Charlotte Observer, May 14, 1999] the USS North Carolina during World War II, more sailors aboard than there were BUD NANCE, MONROE NATIVE WAS AN OFFICER where he endured 162 Japanese air and kami- people in Bud Nance’s hometown and AND A GENTLEMAN kaze attacks; Navy test pilot along with mine. James ‘‘Bud’’ Nance, who died Tuesday at such pals as John Glenn and Alan Shepard; During the past week, there has been age 77, was a modest man with a wry, some- commander of an attack squadron, an air an almost endless series of friends and times pointed sense of humor. When, at Jesse wing and two ships—the USS Raleigh, an admirers of Admiral Nance expressing Helms’ request, he came out of retirement to amphibious ship he skippered off the cost of direct Sen. Helms’ staff on the Foreign Rela- Vietnam, and the aircraft carrier USS For- their sorrow and their admiration for tions Committee, he was confident enough to restal. what I regard as a giant of a man fall- allow staffers to talk to the press on the As Jesse liked to say, Bud was the Monroe en. Needless to say, I have been deeply record on a wide range of issues. He offered boy who amounted to something. grateful to every one of those express- one caution, he recalled with a smile: that I first met the admiral deep in the bowels ing their regrets and their comfort. ‘‘If you leak something [secret] to the press, of the White House, where he was acting na- Anybody who has known Bud Nance and I find out about it, I’m going to kill tional security adviser to President Reagan. did not merely like Bud Nance; it is a you.’’ Among his hires were Iran-contra figures far deeper and genuine feeling that so He grew up in Monroe, where he and the fu- Oliver North and John Poindexter. ture senator were playmates and members of ‘‘I’m the only guy who walked out of the many have held for him. In my case, the same band (Jesse on tuba, Bud on clari- place,’’ Nance would later say, laughing. nothing fits but the word ‘‘love’’. I net). He graduated from the U.S. Naval Helms brought Nance out of retirement to loved Bud Nance like a brother. In my Academy in 1944 and was assigned to the USS become his chief aide on the Foreign Rela- final conversation with him 9 days ago, North Carolina, which survived attacks by tions staff. I told him so. His voice, weak and more than 150 Japanese suicide bombers. Nance, a pretty conservative fellow him- raspy, but nonetheless unmistakably After the war, he became a Navy test pilot. self, cleaned house—ousting some staffers clear, replied, ‘‘I love you, too.’’ It was dangerous work—five of the 10 men in who he thought were veering too far off into Bud loved his family; oh, how he one of his test pilot units died in crashes. right-wing conspiracy land. And he advised Later he commanded the aircraft carrier Helms on a broad range of foreign and mili- loved them. We had often discussed, USS Forrestal, then worked for the Joint tary matters. Jesse trusted Bud completely. down through the years, his and my Chiefs of Staff and for Gen. Alexander Haig, In recent months, Nance had suffered from good fortunes. He once commented who become President Reagan’s secretary of myelodysplasia, a blood disease that made about his dear wife, Mary Lyda, that it state. When Admiral Nance became deputy him unable to produce platelets. But just a

VerDate jul 14 2003 13:40 Jan 13, 2005 Jkt 069102 PO 00000 Frm 00010 Fmt 0686 Sfmt 0634 E:\BR99\S18MY9.000 S18MY9 9854 CONGRESSIONAL RECORD—SENATE May 18, 1999 few days before his death, Nance was still [From the Roll Call, May 13, 1999] Over the course of his Navy tenure, Nance showing up in his office at 7 a.m. SENATORS FONDLY REMEMBER ‘BUD’ NANCE commanded an attack squadron, an air wing In the end, Jesse and Bud were friends (By Ben Pershing) and two ships—the USS Raleigh and the USS Forrestal. His military background had a again in the Virginia suburbs of D.C.—hun- Sen. Chuck Hagel (R-Neb.) has a story he profound effect on the way he carried himself dreds of miles from where they started in likes to tell about James ‘‘Bud’’ Nance, the and on the way he handled the committee’s life. retired Navy rear admiral and Senate For- staff. Nance once remarked to his friend that eign Relations Committee staff director who ‘‘When you manage an aircraft carrier, you Helms had better not be the first to die. died Monday. are managing a small city at sea,’’ said To which Helms quipped: ‘‘I’ll kill you if Hagel remembers a Foreign Relations Hagel. ‘‘It matures one rather quickly.’’ you do.’’ meeting where one Senator was droning on Nance was born Aug. 1921, in Monroe. He ‘‘I cannot describe the guy because he had and on, ‘‘enjoying his own eloquence.’’ entered the U.S. Naval Academy in 1941 and as much character as anyone I’ve ever ‘‘After a while,’’ Hagel recalled yesterday, spent three years there, earning a bachelor’s known,’’ Helms said last week. ‘‘He was ‘‘Bud leaned over and whispered in my ear, degree in 1944. He later spent time at both thoughtful. He cared about people. He loved ‘Senator, remember, you don’t have to be the Naval War College and the National War this country.’’ eternal to be immortal.’ He said it with that twinkle in his eye and then he winked at College, and in 1965 he received a master’s in international relations from George Wash- [From the Washington Times, May 12, 1999] me.’’ The exact cause of death for Nance was not ington University. JAMES NANCE, ADMIRAL, HELMS AIDE, DIES AT disclosed, although he told Roll Call last After leaving the military in 1979, Nance 77 month that he was suffering from went on to work as assistant national security adviser during the Reagan administra- (By Robert Stacy McCain) myelodysplasia, a blood disease that rendered him unable to produce platelets. He tion. He then joined the privates sector, James W. ‘‘Bud’’ Nance of McLean, a re- was 77. working for several years as head of naval tired Navy rear admiral and staff director of Foreign Relations Chairman Jesse Helms systems for Boeing Co. Nance had retired to the Senate Foreign Relations Committee, (R–N.C.), who grew up three blocks from Virginia when Helms asked him to come to died yesterday. He was 77. Nance, had not released a statement on his the Hill. The committee issued a statement saying life-long friend by press time yesterday. Nance is survived by his wife of 42 years, Adm. Nance died from complications of a un- But in an interview last month, Helms Mary, four children and seven grandchildren. disclosed illness. praised the fact that despite his illness, A Senate GOP source said Helms will try Adm. Nance was a boyhood friend of the Nance beat ‘‘everyone else to work,’’ often next week to clear some time on the Senate Foreign Relations Committee’s chairman, arriving at the office by 7 a.m. floor for Members to pay tribute to Nance. Sen. Jesse Helms, North Carolina Repub- Senators who worked closely with Nance lican. Mr. Helms had no public statement said he was a thoughtful man and a tough [From the Washington Post, May 13, 1999] yesterday but the committee spokesman, staff director. ADM. JAMES ‘‘BUD’’ NANCE DIES; CHIEF OF Marc Thiessen, said Adm. Nance ‘‘was so be- ‘‘I trusted him completely,’’ said Foreign STAFF FOR SENATE PANEL—INFLUENCED loved by so many.’’ Relations ranking member Joe Biden (D– COMMITTEE CHAIRMAN JESSE HELMS Adm. Nance graduated from the U.S. Naval Del.) in an interview this week. ‘‘I cared a (By Louie Estrada) Academy at Annapolis in 1944. He served as lot about the guy personally.’’ James Wilson ‘‘Bud’’ Nance, 77, a retired Biden added that both he and Helms bene- an aviator in World War II, Korea and Viet- Navy rear admiral and former White House fited from Nance’s long experience with mili- nam, earning two Distinguished Service national security affairs adviser who as the tary affairs. Medals. He rose to command of the aircraft Senate Foreign Relations Committee’s chief ‘‘He knew the complexities of all this carrier USS Forrestal. of staff was regarded as a pragmatic influ- stuff,’’ said Biden. ‘‘I never had any doubt I Later he served as assistant national secu- ence on his childhood friend, Sen. Jesse rity adviser to President Reagan and joined could confide in him.’’ ‘‘He was a gentleman,’’ said Hagel. ‘‘He was Helms (R-N.C.), died of complications from a Mr. Helms’ staff in October 1991. such a complete person. People had tremen- preliminary form of leukemia May 11 at the Mr. Helms, the ranking Republican mem- dous confidence in him, partly because they National Institutes of Health. ber of the Foreign Relations Committee at liked him and partly because they trusted Adm. Nance, a graduate of the U.S. Naval that time, was having problems with his 19- him.’’ Academy and former naval aviator and test member staff and asked Adm. Nance—who Sen. Christopher Dodd (D–Conn.), a mem- pilot, was a self-described conservative Re- had retired to Virginia—to take charge. ber of Foreign Relations, said of Nance, publican who reportedly advised Helms, the ‘‘I was home having a real good time,’’ ‘‘This is just one of the finest people I’ve met committee’s chairman, to tone down his Adm. Nance told a columnist in 1992. ‘‘Jesse in my 18 years in the Senate.’’ sometimes fiery rhetoric and confronta- called and said, ‘Come on up and help me get Dodd also spoke of Nance’s steady had in tional approach when tackling issues. control of this zoo.’ ’’ dealing with the committee’s younger staff- Their close relationship was based on a Within three months, nine committee ers. mutual trust that stemmed from their days staffers were dismissed. ‘‘He was a wonderful, tempering influence growing up in their native Monroe, N.C. Over As a condition of his own employment, on the young staff,’’ said Dodd. ‘‘I know this the years since they played in the same ele- Adm. Nance asked that he not be paid, but is a loss for Senator Helms. I think it’s a real mentary school band, they periodically kept Mr. Helms pointed out that federal law re- loss for the Senate as well.’’ in touch. Although the two shared similar quired that Senate staffers be paid a min- Nance was particularly close to Helms, political philosophies, Adm. Nance was con- imum of $153 a year. who brought Nance on board in November sidered Helms’s opposite in many aspects, ‘‘Nobody can ever say Jesse gave his old 1991 to head up the panel’s GOP staff. Nance coming across as a more courtly hard-nosed buddy a job,’’ Adm. Nance said. and Helms were boyhood friends in Monroe, figure with an easy laugh and a loathing of the limelight. When Republicans took control of Congress N.C. He did have critics. A POW group called on after the 1994 elections, the GOP pushed Nance joined the committee at a time Helms to fire Adm. Nance because of what through a law requiring Congress to abide by when its staff was in disarray, and three they said was the committee’s lack of atten- the employment laws that applied to U.S. months after taking the post, Nance fired tion to their cause. Still, he was seen as an businesses. Along with a minimum wage in- nine top aides. ‘‘I felt we had too much overhead and not affable father figure in Washington’s cor- crease passed in 1996, that bumped Adm. enough operators,’’ Nance told Roll Call in ridors, where colleagues referred to him sim- Nance’s pay to $204 a week. 1992. ‘‘It was difficult for me to see exactly ply as ‘‘the admiral.’’ Adm. Nance brought a caustic sense of who was doing what.’’ At Helms urging, Adm. Nance, who had an humor to his Senate job. Shortly after he When he first came on, Nance refused to illustrious 38-year career in the Navy, joined joined Mr. Helms’ staff, Adm. Nance was take a salary. Since federal law required the committee in 1991 to help improve the questioning the benefits lavished on U.S. am- that Senate staffers receive at least $153 per minority staff’s efficiency. Saying the gov- bassadors, including hardship pay. year, Nance accepted that, and after the ernment already had done plenty for him, ‘‘I fought at Iwo Jima,’’ he said. ‘‘That’s minimum wage was increased, his pay Adm. Nance accepted the job on the condi- hardship.’’ jumped to $204 per week. tion that he would work for free. ‘‘He’s like a father figure to his staff,’’ one Nance, who entered the Navy as a mid- But, as it turned out, laboring without a of Mr. Helms’ assistants said of Adm. Nance shipman in 1941 and retired 38 years later as salary was not an option under Senate rules. in 1993. ‘‘You just can’t put a price on that a rear admiral, saw active duty in World War He was paid Congress’s then minimum of kind of wisdom.’’ II, Korea and Vietnam. Nance said that dur- $2.96 a week. Later, two cost-of-living pay in- Adm. Nance is survived by his wife of 42 ing his service in World War II, he endured creases bumped his weekly salary to $4.53. years, Mary Lyda, and four children. 162 Japanese air and kamikaze attacks. Still, he wasted little time with the task put

VerDate jul 14 2003 13:40 Jan 13, 2005 Jkt 069102 PO 00000 Frm 00011 Fmt 0686 Sfmt 0634 E:\BR99\S18MY9.000 S18MY9 May 18, 1999 CONGRESSIONAL RECORD—SENATE 9855 before him, overhauling the staff by releas- ‘‘When I came over here, I couldn’t under- The friendship between Helms and Nance ing deadwood and malcontents, hiring whiz stand the organization,’’ Admiral Nance said spanned seven decades, from their days in kids and shifting old-timers around. in a 1992 interview with The National Jour- the band of the old Monroe High School to After the Republicans swept into the ma- nal after agreeing to come out of retirement the corridors of Capitol Hill. jority in the 1994 mid-term elections, Adm. a year earlier to help his old friend. ‘‘It was Wednesday, Helms and others mourned the Nance was placed in charge of the transition a zoo to me. My military mind has got to death of Nance, 77, a retired Navy admiral on the Foreign Relations Committee and have all the men and women in line.’’ who was chief of staff of the Senate Foreign predicted that Senate members would play a Admiral Nance’s role was important then, Relations that Helms chairs. Nance also had larger role in foreign policy hot spots. He when Senator Helms was the committee’s served in the Nixon and Regan administra- was coming into the office as recently as last ranking minority member, and it became tions. week, showing up as he did every day at 7 more important later, when, after the 1994 ‘‘I don’t know of anybody . . . that had as a.m. and returning to his home in McLean in elections, the Republicans took control of much effect on the country or that had any the evening. the Senate and Mr. Helms became chairman. higher principles than Bud Nance,’’ Helms Adm. Nance was no stranger to the com- Before Admiral Nance was brought in, The said in an interview Wednesday evening. mittee’s workings, having served as a con- National Journal said in its 1992 article, Helms said Nance, who died Tuesday, suf- sultant to the committee during the SALT II there had been a movement among the com- fered from a blood disease that prevents suf- deliberations. In 1981, he joined the White mittee’s Republicans to remove Mr. Helms as ferers from producing platelets. Without House as President Ronald Reagan’s deputy their leader because of the minority staff’s platelets, a person cannot stop bleeding once assistant for national security affairs, and disarray. cut. for a brief time, he was acting chief special Mr. Helms accepted Admiral Vance’s rec- Funeral services for Nance will be held at assistant for national security affairs, tem- ommendations that eight members of the 9 a.m. Wednesday at Lewinsville Pres- porarily replacing Richard V. Allen. staff be fired, and although there was an byterian Church in McLean, VA. He will be As a young man, he attended what is now angry reaction at first, Republican leaders buried with full military honors at Arlington North Carolina State University and grad- later said the Vance replacements had National Cemetary at 11 a.m. Wednesday. uated from the Naval Academy in 1944. He brought order to the panel. Helms and Nance were born two blocks and was assigned to the battleship USS North Admiral Nance was born in Monroe, N.C., two months apart in Monroe in 1921. At Mon- Carolina and served there throughout the re- where he and Mr. Helms grew up two blocks roe High school, they played together in a mainder of World War II. from each other. He graduated from the school band organized by the principal, Ray After the war, he underwent flight training United States Naval Academy in 1944 and House. and served as a flight instructor at the Naval went on to serve as a naval aviator in World Nance played clarinet; Helms played tuba. Air Basic Training Command of the Naval War II, the Korean War and the Vietnam Two years ago, Helms and Nance returned Air Station in Pensacola, Fla. He was as- War. By the time he retired from the Navy in to their hometown to attend House’s funeral. signed to exchange duty with the British 1979, he had held several commands, includ- After attending N.C. State College in Ra- Royal Navy in the mid-1950s and was a ing that of the aircraft carrier Forrestal. leigh, Nance enrolled at the Naval Academy project pilot with the Flight Test Division at He became a humorous if caustic reflection in 1941 and eventually commanded an air- the Naval Air Test Center in Patuxent River. of the dour Senator Helms, who seems to craft carrier. He rose to senior command po- In the latter assignment, he test-landed air- enjoy saying no to State Department re- sitions in aircraft carrier operations before craft on carriers. quests. Once, when questioning the benefits retiring as a rear admiral in 1979. Before his military retirement in 1979, he given to ambassadors abroad, including hard- Nance served as a consultant to the Senate served as the senior naval officer on the staff ship pay at some posts, Admiral Nance said: Foreign Relations Committee during SALT of the commander of U.S. forces in Europe ‘‘I fought at Iwo Jima. That’s hardship.’’ II deliberations and on President Ronald when Alexander Haig held the combined job He had many Navy decorations, including Reagan’s transition team. With Reagan’s in- of U.S. and NATO commander. He also held two Distinguished Service Medals and the auguration, Nance was appointed Deputy As- strategic and planning posts in the Pentagon Legion of Merit. sistant to the President for National Secu- and was commander of the aircraft carrier After his Navy service, Admiral Nance rity Affairs. Forrestal. served for two years on the White House He worked in the Reagan administration His military honors included two Distin- staff of President Ronald Reagan and later until 1983, then became a consultant for Boe- guished Service Medals and the Legion of worked for Boeing in its naval systems de- ing. After retiring again, Nance was per- Merit. partment. suaded by Helms to join the staff of the Sen- He received a master’s degree in inter- ate Foreign Relations Committee. national relations from George Washington Besides the Naval Academy, he graduated from the Naval War College and the National ‘‘If a ship runs aground it’s the captain’s University and attended the U.S. Naval War fault, and the ship had run aground,’’ Nance College and the U.S. National War College. War College, and received a master’s degree in international relations from George Wash- said in explaining some reshuffling at the In the 1980s, he worked for Boeing Military time. Airplane Co., where he was manager of Navy ington University. Admiral Nance, who was known as Bud to Nance had asked that he be paid only $1 be- systems. cause his government retirement benefits al- Survivors include his wife, the former his friends, is survived by his wife of 51 ready were enough. But Nance had to receive Mary Lyda Faulk of McLean; four children, years, the former Mary Lyda Faulk; two Congress’ minimum of $2.96 per week. After James Lee Nance of Richmond, Mary Cath- sons, James Lee Nance of Richmond and An- two cost-of-living increases, Nance was erine Worth of Atlanta and Andrew Monroe drew Monroe Nance of McLean; two daughters, Mary Catherine Worth of Atlanta and forced to take $4.53 per week. Nance and Susan Elizabeth Nance, both of ‘‘Bud’s worth every penny,’’ Helms said McLean; and seven grandchildren. Susan Elizabeth Nance of McLean, and seven grandchildren. when he took his salary hike. Nance had been receiving platelet trans- [From the New York Times, May 15, 1999] When Admiral Nance agreed to go to work fusions twice a week at the National Insti- REAR ADM. JAMES NANCE, 77, INFLUENTIAL for Senate Helms. The Washington Times reported in an obituary on Wednesday, he tutes of Health. Nance said last month he AIDE TO JESSE HELMS had switched to an electric shaver on doc- (By Irvin Molotsky) asked that he not be paid, but the Senator pointed out that a Federal law required that tors’ orders and had to be very careful in WASHINGTON, May 14—James W. Nance, a Senate staff members be paid a minimum of handling sharp objects. retired Navy rear admiral who took on a $153 a year. Helms said he last spoke to his old friend late-career job as the chief aide to his old Once he went to work for the $153. Admiral in the hospital on Sunday. They joked about boyhood friend Senator Jesse Helms of North Nance said, ‘‘Nobody can ever say Jesse gave old times, Helms said. After Nance died, Helms said, a Capitol po- Carolina, died on Tuesday at the National his old buddy a job.’’ Institute of Health in Bethesda, MD. He was Senator Helms, noting that his friend’s pay lice officer stopped to tell Helms how Nance 77 and lived in McLean, VA. came out of $2.94 a week, said, ‘‘Bud’s worth had rolled down his window every day to Marc A. Thiessen, the spokesman for the every penny.’’ shake his hand. Senate Foreign Relations Committee, where Said Helms, ‘‘I loved Bud. I shall miss him Admiral Nance was staff director, said the dearly.’’ BLOOD DISEASE KILLS ‘‘BUD’’ NANCE; RETIRED cause was complications of myelodysplasia, Nance is survived by his wife, Mary; four ADMIRAL, ADVISER FROM MONROE WAS a pre-leukemia condition. children, James Lee Nance, Mary Catherine LIFELONG FRIEND OF SENATOR On Capital Hill, Admiral Nance was known Worth, Andrew Monroe Nance, and Susan for having brought order to the committee’s (By Norman Gomlak) Elizabeth Nance; and seven grandchildren. Republican staff, which Senator Helms, the MONROE.—The way U.S. Sen. Jesse Helms In lieu of flowers, the family suggests con- senior Republican, and others on the panel saw it, you could’t find a better friend or a tributions be made to the NIH Patient Emer- had found disorganized and riven by ideolog- more trusted adviser than James ‘‘Bud’’ gency Fund, 10 Center Drive, Room 1N252, ical differences. Nance. Bethesda, MD 20892.

VerDate jul 14 2003 13:40 Jan 13, 2005 Jkt 069102 PO 00000 Frm 00012 Fmt 0686 Sfmt 0634 E:\BR99\S18MY9.000 S18MY9 9856 CONGRESSIONAL RECORD—SENATE May 18, 1999 The PRESIDING OFFICER. The Sen- floor to pay a tribute to a staff mem- thought of the people who were over ator from Delaware. ber. We have had great, great, great, there putting their lives on the line. Mr. BIDEN. Mr. President, I have great staff members who have guided That came from 35 years of experi- served since January of 1973 with the us all. I think the best kept secret from ence. It wasn’t merely because he was chairman of the Foreign Relations the American people is the incredible a good, honorable and decent man Committee. We have been on opposite quality, patriotism, capacity, edu- which you will hear more about, besides of a lot of issues, occasionally on cational achievement, and personal cause he was. You can ask any of my the same side. I have seen and listened commitment of the staffs that sit back colleagues, and I suspect my Demo- to and been on the opposite end of in these chairs behind that rail. It is a cratic colleagues will say the same. All some very powerful and difficult trite thing to say, but the Nation could Bud Nance had to do with me is say speeches he has made. But I am pre- not run without them. that this is what we are going to do, sumptuous enough, know him well I know of no staff member who was and I can absolutely, positively trust it enough to say until now he has never the peer to this fellow, Bud Nance. The as certain, as certain as if my closest had a more difficult time making a Senate family and the Nation—it staff aide said that to me. speech than today. sounds like hyperbole—suffered a loss The magic of Bud Nance was he made There is a reason for that, to state when Admiral Nance passed away. each of us feel like he was our staff, the obvious. There is an old expression: Since 1971, Admiral Nance has been the like he was looking out for our inter- You can know a man by his enemies. I staff director of the Committee on For- est. I knew without any question that suggest you can judge a man by his eign Relations, serving first as the mi- if he said something to me, even if friends. Anybody who had a man of the nority staff director, and then as the there was a miscommunication be- stature of Admiral Nance love him as staff director for the minority under tween the chairman and Bud Nance, much as Admiral Nance loved this guy, the chairman and senior Senator of the chairman would never undercut means there is something awful, awful, North Carolina, Mr. JESSE HELMS. Bud Nance, either that whatever Bud awful, awful good about the Senator Working in the Senate was some- Nance said was going to happen. from North Carolina. thing of a second career for Admiral You have no—yes, you do, Mr. Presi- I am not doing that really to be solic- Nance. Prior to coming to the Senate, dent. I was going to say you have no itous. I truly mean that and I believe Admiral Nance spent 35 years in the idea. You do have an idea. Anyone who that. The irony of all ironies, as I told U.S. Navy. A pilot by training, Admiral serves here has an idea what an incredible, incredible asset that is. If we were the chairman, on the Friday before Bud Nance rose to hold several senior com- able to do that, if we had that kind of died, the chairman asked him whether mand positions on aircraft carriers, in- faith in each other’s staffs, this place or not he could come down to my office cluding command, as mentioned ear- would move so much more smoothly to see if we could work out—and we lier, of the U.S.S. Forrestal and senior than it does because so much is nec- did, by the way—work out some legis- commands in the Pentagon. He retired essarily propelled by staff. lative language and discuss a nominee. in 1979 with the rank of rear admiral. I During the 1980s, Admiral Nance We sat there with staff—his staff and might note, parenthetically, one of the served as deputy assistant to President mine. Afterwards, the staff left and Ad- great, great, great, great advantages of Reagan for national security affairs, miral Nance and I sat there for the bet- having Bud Nance, with the ideological and in private business with the Boeing ter part of 45 minutes, basically asking divisions that exist in matters relating Corporation. In 1991, his boyhood him questions and him telling me sto- to foreign policy, was that you always friend, JESSE HELMS, as the chairman ries. knew you would get down to the final has indicated, who grew up in the small They were all about JESSE HELMS, his question of how it worked. town of Monroe, NC, called Bud Nance buddy. They are all about the guy he I remember two Fridays ago talking to serve his country once again. Al- grew up with and loved. I suspect, one to him and him saying—I hope no one though at the time he got the call he of the few men or women, other than is offended by my saying this—the rea- had long-since retired and he was 70 Mrs. Helms, who has ever been able to son why we haven’t in the committee years old—a time when most people tell the chairman: Enough, JESSE; slow taken the administration to task on would choose to take it easy, spend down, JESSE; no, JESSE. Senator some of the NATO questions is I know time with their wives, their children HELMS, I don’t think in all the time I how hard it is to get consensus in and their grandchildren—Bud Nance have known him, has ever respected NATO. I sat there. I was in charge of answered the call of his friend, JESSE anybody as much as he respected Ad- planning. I know how difficult it is. HELMS, and he came to work for the miral Nance. He also knew how easy it would have Foreign Relations Committee. He did It was a wonder to behold, I think my been for the committee, under the so not out of a desire for power or Democratic colleagues would agree chairmanship of the Senator from money, to state the obvious. In fact, he with me, to watch this relationship. It North Carolina, to demagog the living received only a nominal salary, which was almost, I say to my friend from devil out of the targeting questions and at one point, as he enjoyed putting it, North Carolina, like you had an older whether or not the French and the Ger- amounted to a few dollars per week. brother, a brother who loved you and mans and the Brits—he said until you That is literally true, by the way—lit- guided you and occasionally, like all of are there and have to get 15 other na- erally true. Because of this law we us do when you sort of get off and you tions to agree on something, you have have about double dipping, literally he were going too far or not far enough, no notion how difficult it is. worked for pennies here—full time, 60 would whisper in your ear, would put To steal a phrase from the chairman, hours, 70 hours a week. He worked lit- his hand on you—I watched him put his this is one little vignette that illus- erally for nothing. hand on your shoulder. It was like he trates how, even though he had serious Rather than the dollars, he enjoyed didn’t have to say anything to you. So disagreement with the policy of the the work—because of his powerful all Members on this floor and all Mem- President of the United States, he be- sense of duty to his country and its bers watched in wonder and with a lieved it wasn’t fair play—my trans- people and his powerful and palpable sense of envy the relationship the Sen- lation, not his; mine—to take advan- loyalty to the chairman of the Foreign ator had with Admiral Nance, and we tage of something, that the people Relations Committee. have an appreciation for how difficult a wouldn’t understand how complicated In the last several months, as he moment this is for you. it was, but he understood that it was struggled with illness—and I might We respect you for your ability to complicated. It was just simply not fair point out, for the last year anybody pull it off with the grace that you have game to take advantage of it, in addi- else would have quit. Anybody else thus far. tion to the fact he always thought of would have walked away and everyone Mr. President, I have only on a cou- the people who were jumping in the would have said: God bless him. We un- ple occasions in 27 years come to the cockpits of those planes. He always derstand.

VerDate jul 14 2003 13:40 Jan 13, 2005 Jkt 069102 PO 00000 Frm 00013 Fmt 0686 Sfmt 0634 E:\BR99\S18MY9.000 S18MY9 May 18, 1999 CONGRESSIONAL RECORD—SENATE 9857 Here is a guy whose hands were lit- Republican, Bud Nance was far from good blood. You got good blood. I am erally beat up because of the trans- partisan. I always wanted to ask him— telling you, remember where you came fusions, because of the IVs, because of and I never did, JESSE—about back in from. This guy—your grandfather, your all of the painful way they had to go to the days when you were a Democrat, I father—was the real thing. The real get blood. They could not get it out of suspect he was, too, back in those days. thing. his veins anymore. They had to go into I kind of harbored the illusion in my I yield the floor. his hands and his feet. He came in soul a little bit that maybe—maybe he The PRESIDING OFFICER. The Sen- black and blue—black and blue, barely still was. I knew he wasn’t, but maybe ator from Utah. able to walk. I would say: Bud, what in he still was. Mr. HATCH. Mr. President, I will not the heck are you doing here? He’d say: Mr. HELMS. No. even try to match the eloquence of my We have to get this done. No problem. Mr. BIDEN. I always want to say esteemed colleague from Delaware. But I never, never, never heard him com- Bud, Bud—they are all laughing, all I would like to just say a few words plain. I never watched him even wince the Republican staffers. But I would about my friend, Adm. Bud Nance, and knowingly. This is a guy who literally get back in the subway car and I would my friend, Senator HELMS, as well. I dragged himself in and out of the hos- head over here and I would say: You will not be long because I see other pital to show up for work. Instead of know, maybe...maybe. members of the Foreign Relations staying at home, getting the care he I want to tell you, he was well liked Committee who are here to speak. needed in the hospital, he kept the by every Senator, every staff person. I didn’t have the privilege of serving staff and all of us focused on the task The guy who is the minority staff di- on the Foreign Relations Committee at at hand. rector, Ed Hall, who is sitting in the the same time with Bud Nance. But I In my 21⁄2 years as ranking member of back, considered him a close friend. It knew him. I respected him. On a Cap- the committee, I came to know Bud was remarkable to watch their rela- itol Hill that is completely covered even better than I did the previous tionship, watch how they dealt with with more youthful staffers, staffers years, both as a professional colleague, one another. I haven’t found anybody who are very young in many ways, not and, I am presumptuous to say, and who was better liked, more respected, quite as experienced, Bud Nance stood this is presumptuous—as a friend. more fair, or more knowledgeable than out as one of the most senior. He did I was kidding with the chairman the Bud Nance—of all the people with not have to be here. He probably could other day. I said: You know, JESSE, my whom I have worked. Above all, Bud have enjoyed the remaining years of mom has an expression. Nance was—and this is not said lightly; his life much more by not being here. I will not mention the little girl’s I don’t often use the word—Bud Nance But he came to serve side by side with name, but I remember as a kid I got was a genuine patriot. his friend from his youth, Senator picked up second on the bus on a long At all times, he would focus on the JESSE HELMS, one of the greatest Sen- bus ride to school, about a 35-minute central question. We would get in- ators who has ever sat in the Senate. ride. Every morning, a little girl who volved and we would be arguing, we Admiral Nance was one of the great- was not very popular and wasn’t very would be talking, and Bud Nance al- est people who ever served on the Sen- attractive, every morning would get on ways, always brought us back to the ate staff, and he did it at a time when the bus. It would be empty and she central question: Is this in the interest we had a lot of conflicts and difficul- would sit next to me. Then everyone of the country? Is this in the interest ties and problems in foreign relations, else would fill up the bus by the end. of the country? Because, as we Sen- and he did it with intelligence, with a I would get home and I would say to ators know, we can get carried away. mastery that was important, with an my mother: Mom, every morning—I We believe in what we are doing, but ability to get along with people and to will not mention her real name; it was we get invested in what we are doing. work with both minority and majority not Sally—Sally gets on the bus and We get invested in our position. Some- staffs. sits next to me. All the guys make fun times, although we don’t consciously This man is a true hero to me and of me. The girls even make fun of me— do it, in my opinion, we get so wrapped true hero for our country, just the type because Sally was not a particularly up in winning our point that it takes of person we ought to all try to emu- popular little girl. somebody like Bud Nance to say—and I late, somebody who really loved his I will never forget what my mother know he has said it to JESSE; he has country enough to give his last for the said. My mother said: JOEY, remember said it to me—whoa, wait a minute, country. I believe he loved his country one thing. Anybody who loves you, wait a minute. Hold up here. so much because of his family and be- there is only one thing you can do. He had that great ability, as the old cause of his understanding of what a Love them back. saying goes, to see the forest for the great country this is and what a great It is real simple. I was kidding the trees. We get lost in the forest. We constitutional form of government we chairman the other day. I know Bud start numbering the trees. He could have. Nance loved me because he knew how stand back. He would stand back and This is a man who reached the much I thought of him. He didn’t have he would say, Look at the whole pic- heights in the military and, in my a choice. He may not have wanted to, ture. opinion, reached the heights in the but it was in his nature. He couldn’t re- As I said, I will end where I began. I Senate as well. When he came on the turn the affection. So, although I do have a sense of envy that you, Senator staff, the staff was reported to be hav- not have one one-hundredth of the his- HELMS, had the relationship you had. ing difficulties, and he brought them tory or the relationship that the chair- My dad’s expression is: At the end of together, coordinated them, unified man had with Bud Nance and it seems your days, if you can count one person them, and I think both the minority presumptuous for me to call him a who you can call a true friend, you are and the majority staffs have worked friend in the shadow of his closest a lucky man. well ever since. It took a true leader to friend in life, I want you to know, Mr. You are one of the luckiest men that do that. Chairman, that a lot of us—and you I know, Senator. You have had a guy It took a true leader in Senator will hear from more—a lot of us took who everyone is honoring, honoring HELMS to pick Admiral Nance, and I great personal pride in believing that you. know he feels highly privileged to have Bud Nance liked us. The mere fact that Our profound sympathy and our pray- worked with his friend, his colleague, Bud Nance liked us in part validated ers go out to his loving wife of 53 years. and somebody who advised him in the what we did here. That is a remarkable I don’t know Mary, but I know of her. best of ways and advised all of us in the thing, Mr. Chairman. That is a remark- I have heard her name invoked a thou- best of ways. able thing to say about any individual. sand times. To Bud’s four children and I express my sympathy to his wife His word was his bond in a literal his seven grandchildren, to use my and his family and tell them that they sense. Although he worked for a darned grandpop’s expression, I say: You got should be very proud of him, not just

VerDate jul 14 2003 13:40 Jan 13, 2005 Jkt 069102 PO 00000 Frm 00014 Fmt 0686 Sfmt 0634 E:\BR99\S18MY9.000 S18MY9 9858 CONGRESSIONAL RECORD—SENATE May 18, 1999 for the tremendous years of serving I join my colleagues in offering my crossed the bar out of the Cape Fear River. this country, as he did in the military, deepest condolences to Bud’s wife of 53 The ship was active from late 1863 until Sep- as a husband and as a father, but for years, Mary Lyda, and to his four chil- tember 27, 1864 when she developed leaks and these years on Capitol Hill. It made a dren and seven grandchildren. The Sen- sank. difference to the country, to the world ate Foreign Relations Committee and THE SECOND NORTH CAROLINA—3/21/1906–9/29/1930 at large, and to all of us. I thank Sen- the Senate itself were fortunate to The second U.S. Navy ship to bear the name was an armored cruiser, number 12, ator HELMS for having given us the op- have had the benefit of his dedicated built by the Newport News Shipbuilding & portunity to know him better. service over the past 8 years. He will be Dry-dock Company in Newport News, Vir- I yield the floor. remembered fondly, not only for his ginia. The keel was laid March 21, 1905, she The PRESIDING OFFICER (Mr. lifetime of service to this country—ci- was launched on October 5, 1906, and was ENZI). The Chair recognizes the Sen- vilian as well as military—but also for commissioned on May 7, 1908. She was 504 ator from Maryland. his integrity, courage, and grace. feet 6 inches in length, with a 72 foot 11 inch Mr. SARBANES. Mr. President, last Mr. President, I yield the floor. beam. She displaced 14,500 tons, and had a week the Senate lost one of its most Mr. HELMS. Mr. President, I am not top speed of 22 knots. able and committed staffers; the coun- sure I can adequately thank the Sen- On November 5, 1915 she was the first ship try lost a brave public servant, a true in the world to launch an airplane with a ators for their comments. They know I catapult while underway. patriot. Beyond that, with the passing appreciate them. We are trying to go On June 7, 1920, her name was changed to of Adm. James W. ‘‘Bud’’ Nance, many from one side to the other, and I ask Charlotte to make way for the new super of us have lost a good friend. the Chair to recognize the distin- battleship, number 52. As Charlotte she was I want to touch for just a moment on guished Senator from Virginia. decommissioned on February 18, 1921. Her his Maryland connections. Admiral The PRESIDING OFFICER. The name was struck from the Navy list on July Nance graduated from the Naval Acad- Chair recognizes the Senator from Vir- 15, 1930, and she was sold for scrap on Sep- emy in Annapolis in 1944, then went off ginia. tember 29, 1930. to serve in our Navy in World War II. Mr. WARNER. Mr. President, I rise BATTLESHIP NUMBER 52 He in fact served in World War II, in to join our colleagues in the Senate to Laid down in 1919, battleship number 52 the Korean war, and in the Vietnam provide this record of our recollections was to have been called the North Carolina. This ship was to have been a monster for war. of this great American who, in service In the mid-1950s, he was a project that era, with a displacement of 43,200 tons, to the Senate and in partnership with a length of 624 feet, a beam of 105 feet, and a pilot for the flight test division of the the chairman of the Foreign Relations speed of 23 knots. Mounting 12 16-inch guns, Naval Air Test Center in Patuxent Committee, left his mark. I feel very the North Carolina and her five planned sis- River, MD, in St. Mary’s County, the humble about it because I was faster ships, had they been completed, would mother county of our State. I simply cinated in some research that I did on have been the largest and most heavily say we were honored to have had his the U.S.S. North Carolina, the battle- armed capital ships of the world at that presence in our State for an extended ship on which he served. time. Three years after construction was begun, period on those two occasions. I ask unanimous consent to have Here in the Senate, an institution however, the Washington Naval Treaty in printed in the RECORD reference to the 1922 imposed a ten year limit, and new size sometimes marked by acrimony and di- engagements in the closing days of restrictions on warships of the era. All work visiveness, Bud Nance displayed a World War II in which this distin- was stopped, and the hull was sold for scrap. warmth and generosity of spirit. He guished ship participated with Ens. THE CURRENT NORTH CAROLINA: NAVY DAY 10/27/ was able to work constructively with Bud Nance. 37–6/27/47 those on both sides of the aisle to en- There being no objection, the mate- Authorized by an act of Congress on June hance our Nation’s interests. That was rial was ordered to be printed in the 3, 1936, the keel of BB–55 was laid down at always first and foremost in Bud’s RECORD, as follows: the Brooklyn Navy Yard on Navy Day, Octo- ber 27, 1937. This was the first time the mind—what served the interest of our HISTORY OF THE BATTLESHIP NORTH United States had started construction of a great country. CAROLINA—BB–55 battleship in 16 years. A few new cruisers and Each time I had occasion to work BACKGROUND with him, Bud listened to my concerns destroyers had been built, but in general, the The current Battleship North Carolina fleet was old if not obsolete at the time. and responded promptly and fairly. (BB–55) is the third U.S. Navy ship to bear Ships are not built in a day. As they say, Others had the same experience. He the name. Her commissioned service lasted a when you need ships it’s too late to build fought hard for the principles in which little over six years, and only eleven years them. Four years of design work, and three he believed, but always in a manner lapsed between the time the ship was author- years and eight months went into her con- that commanded respect and admira- ized and she was decommissioned. During struction. tion. that short time however, she had quite a While building the North Carolina, war As the chairman of our committee record, and is now preserved in her original broke out in Europe, and only four days be- has indicated, his lifetime friend made World War II colors as a memorial to all fore her launch Hitler’s divisions occupied those who gave their lives for freedom. Paris. In the Far East, Japan had invaded an invaluable contribution to our Na- China, and was threatening further aggres- tion’s policies. THE FIRST NORTH CAROLINA—1818–10/1/1867 The first North Carolina was a ship of the sive moves in Southeast Asia. I was particularly moved by the way On June 13, 1940, Governor Clyde R. Hoey line, built in Philadelphia Navy Yard. The Admiral Nance dealt with his illness. of North Carolina’s daughter, Isabel, to the keel was laid in 1818, and the ship was strains of ‘‘Anchors Aweigh’’, smashed the Having had an illustrious 35-year ca- launched in 1820. She was just over 193 feet in traditional bottle of champagne against the reer in the Navy, he knew how to sur- length, with a 53-foot beam, and was rated at bow and launched the ship. Then, on April 9, mount the gravest challenges and how 2,633 tons. She carried 74 guns—32 pounders 1941, after completing her fitting-out, Sec- to maintain strong leadership through- and 42 pounders. She was active until 1839, retary of the Navy Frank Knox commis- when she was converted to a receiving ship. out. He demonstrated that once again sioned the ship. After all work was done, the She was sold for scrap on October 1, 1867 for by showing up for work every day with ship cost the taxpayers $76,885,750. Today, $30,000. The original figurehead of the ship, a a smile and a vitality that masked the sum would be vastly greater. bust of Sir Walter Raleigh was given to the whatever pain and discomfort he may After commissioning, the North Carolina state of North Carolina in 1909. have felt. Every day he reported for had an unusually extensive shakedown, last- duty. Rather than complaining about THE CONFEDERATE NORTH CAROLINA—1863–9/27/ ing several months. During this long ‘‘shake- 1864 his own situation, he showed a genuine down’’ period, the North Carolina returned interest in the health and well-being of During the Civil War the Confederate often to her building yard for adjustments States Navy had an iron-clad sloop named and modifications. During this time, New those around him, and the other staff North Carolina. She was 150 feet long, with a Yorkers, and in particular radio commen- members of the committee will recount 32-foot beam, and carried four guns. She was tator Walter Winchell often witnessed the his unfailing courtesies towards each built in Wilmington, North Carolina, and be- great new ‘‘battlewagon’’ entering and de- and every one of them. cause she was structurally weak, never parting the harbor, and began to call her

VerDate jul 14 2003 13:40 Jan 13, 2005 Jkt 069102 PO 00000 Frm 00015 Fmt 0686 Sfmt 0634 E:\BR99\S18MY9.000 S18MY9 May 18, 1999 CONGRESSIONAL RECORD—SENATE 9859 ‘‘The Showboat’’, after the colorful river 1945, China Coast—12, 16 January 1945, Nansei bursting shells and tracers, some of which steamer in a popular Broadway musical. The Shoto—22 January 1945. were often wildly and dangerously erratic. name has stuck ever since. Iwo Jima Operations: Invasion of Iwo Carriers were always the primary targets, ASIATIC-PACIFIC CAMPAIGNS—WAR RECORD Jima—15 February–1 March 1945, 15, 16 Feb- but no ships were immune. Once a kamikaze POST-SERVICE, 9/1945–6/27/1947 ruary 1945, 5th & 3rd Fleet raids on Honshu was damaged, he usually selected whatever On September 5, 1945 the North Carolina fi- & Nansei Shoto—25 February–March 1945. ship was nearest ahead as his target. The nally anchored in Tokyo Bay to pick up a Okinawa Invasion—17 March–27 April 1945. specter of sudden holocaust created on board group of about 100 men who had been trans- 3rd Fleet Operations: Bombardment and a ship by a combination of the exploding ferred from her August 20th, to help with the Airstrikes on the Japanese Home Islands—10 bombs and gasoline carried by a suicide initial occupation at the Yokosuka Naval July–15 August 1945. plane instilled fear in the staunchest heart. Base, near Tokyo. INVASION OF OKINAWA (APRIL 1945)—BB–55 Mr. WARNER. In that period of time On September 6, the ship headed for home Coincident with the air offensive of Task I was but a mere radioman third class. via Okinawa (to take on passengers), Hawaii Force 58 against Mainland Japan, other Aboard a battleship, about the only and the Panama Canal. On October 17, the American forces were closing in for the inva- thing lower than a radioman third ship arrived in Boston harbor for a hero’s sion of Okinawa, where the initial landings class is a bull ensign out of Annapolis. welcome. occurred on 1 April. Three Marine Divisions If the Admiral were here, he would re- Due to post-war disarmament, the battle- (1st, 2nd, and 6th), plus four Army Divisions ship’s remaining active service was short. In (7th, 96th, 77th, and 27th) were employed in call those days. Ensigns on battleships the summer of 1946 she twice visited the this operation, the last of the major island were almost down in the bilge area. Naval Academy at Annapolis to embark mid- assaults of the Pacific war. Okinawa was Nevertheless, he was privileged to shipmen for training cruises in the Carib- needed because it was best located to support serve with that distinguished ship in a bean. In October of that year she returned to the planned invasion of the Home Islands of series of engagements. the place of her birth, the New York Navy Japan, and because it offered airfields and I have also found a record of his sec- Yard for inactivation. She was decommis- anchorages required for that purpose. Task sioned June 27, 1947, and placed in the ond Distinguished Service Medal. It is Force 58 covered the operation, providing air interesting. I am searching for the first ‘‘mothballed’’ Reserve Fleet at Bayonne, support and fighter defense. New Jersey, where she remained in obscurity The NORTH CAROLINA, in company with because it is likely that was in my pe- for the next 14 years. other fast battleships, conducted a pre-inva- riod of tenure when a radioman third In 1960 the Navy announced its intention to sion bombardment of Okinawa from very class had become Secretary of the scrap the famous battleship, and two famous long ranges on 24 March; and fired again, in Navy, because this one covers the pe- natives of North Carolina, Hugh Morton and support of a feint landing on 17 April. riod of June 1975 through December of James S. Craig, Jr., with the endorsement of On 6 April, in the heat of air attack with 1978. then Governor Luther Hodges began a cam- all ships firing, the Showboat was acciden- paign to bring the ship to North Carolina and I want to read these remarks, signed tally hit by a 5-inch AA Common projectile by the then Secretary of the Navy: preserve her as a war memorial. fired at a low-flying kamikaze by a friendly Thousands of citizens, and countless school ship. The projectile struck the supporting For exceptionally meritorious service to children contributed money. $330,000 was trunk of the secondary battery director (Sky the Government of the United States— raised to acquire the ship from the Navy and 2), killing three men, wounding 44, and dis- Rear Adm. James W. Nance, U.S. prepare a suitable berth. In September 1961 abling the director. During a lull in the Navy— she was towed from New Jersey, and on Octo- fighting, the dead were buried at sea with while serving as the Assistant Vice Chief of ber 2 she was moored in her present berth members of the crew sadly bidding their Naval Operations/Director of Naval Adminis- across the river from downtown Wilmington. shipmates a last farewell in the traditional tration from June 1975 through December On April 29, 1962 she was dedicated as a me- solemn rites. 1978. morial to all the North Carolina men and Just before taps that night, the voice of In directing the efforts of the vast human women who served in the war, and in par- the Chaplain came over the ship’s public ad- and physical resources of the Office of the ticular, to the more than 10,000 North Caro- dress system with the following prayer: Chief of Naval Operations, Rear Admiral linians who gave their lives in the war. ‘‘Heavenly Father, today we committed to Nance displayed the highest order of leader- ASIATIC-PACIFIC CAMPAIGNS OF THE the deep three of our shipmates who gave ship, superb managerial acumen, and BATTLESHIP NORTH CAROLINA their lives so that others may live. We are unexcelled initiative. Prelude to Combat—December 1941–July particularly mindful at this time of their 1942. loved ones at home. Sustain them in their The same qualities, Mr. President, I Landings on Guadalcanal and Tulagi—7–9 sorrow. Help them to understand that those say to the chairman of the committee, August 1942. they love gave their lives for their protec- that he exhibited on the Foreign Rela- Capture and Defense of Guadalcanal—16 tion and care. Be with all the officers and tions Committee. Isn’t it interesting, August 1942–8 February 1943. men of this ship. Give all of us heart and these many years prior thereto, he was Battle of the Eastern Solomons—23–24 Au- mind to serve thee and our country willingly recognized for those qualities? gust 1943. and faithfully....’’ I–19 Submarine Attack: USS WASP—Car- The NORTH CAROLINA, with Task Force His keen foresight and perception coupled rier—SUNK, USS O’BRIEN—Destroyer— 58, was in the thick of the fighting around with an extensive knowledge of Navy organi- SUNK, USS NORTH CAROLINA—Battle- Okinawa for a total of 40 days before being zation were significantly instrumental in ship—Damaged—15 September 1942. ordered to withdraw for repairs to her battle successfully guiding the reorganization of New Georgia Group Operations: New Guin- damage. During this 40-day period, hundreds several major realignment programs. ea, Rendova, Vangunu Invasion—30 June–31 of kamikaze attacks were launched against Did he not do some reorganization August 1943. naval units operating in the vicinity of Oki- for you, Mr. Chairman? Gilbert Islands Operations: Tarawa, nawa, and a total of 73 ships were crashed by Utilizing dynamic leadership, keen admin- Mrakin—19 November–8 December 1943. them. Of these, 20 were sunk or so badly istrative ability, and steadfast perseverance, Bismark Achipelago Operations: Kavieng damaged they had to be scuttled, and 22 were Rear Admiral Nance managed the Navy’s Strike—25 December 1943. damaged to the extent that repairs would massive organizational network in a note- Marshall island Operation: Invasion of not be completed before the war was over. worthy manner, thereby enhancing the shore Kwajalein Atoll, Invasion of Majuro Atoll— However, for every Kamikaze pilot who suc- establishment’s support to the fleet. Addi- 29 January 1944–8 February 1944. ceeded in crashing one of our ships, there tionally, he personally initiated and imple- Task Force Strikes: Truk—16–17 February were scores shot down by our fighters and mented important improvements in both 1944, Marianas—21–22 February 1944, Palau, ship’s gunners. Yap, Ulithi, Woleai—30 March–1 April 1944, procedural and institutional aspects of the Turk, Satawan, Ponape—29 April–1 May 1944. REFLECTIONS ON THE KAMIKAZES Office of the Chief of Naval Operations and, Western New Guinea Operations: A Kamikaze attack, as witnessed by a po- by personal attention, example, and vigorous Hollandia—21–24 April 1944. tential victim, can be ranked among the advocacy, he provided positive leadership in Marianas Operations: Invasion of Saipan— most frightening experiences in the history the area of Equal Employment Opportunity. 11–24 June 1944, Battle of the Philippine of modern warfare. As a rule, such attacks Rear Admiral Nance’s distinctive accom- Sea—19–20 June 1944. were pressed home with fanatical determina- plishments, unparalleled effectiveness, man- Leyte Operation: Attacks on Luzon—13, 14, tion, despite the most intense antiaircraft agerial expertise, and tenacious devotion to 19–25 November 1944, 14, 15 December 1944. fire. Virtually all Kamikaze attacks ended in duty reflected great credit upon himself and Luzon Operation: Attacks on Luzon—6, 7 flaming violence and death, if only for the were in keeping with the highest traditions January 1944, Formosa—3, 4, 9, 15, 21 January pilot crashing into the sea amid a torrent of of the United States Naval Service.

VerDate jul 14 2003 13:40 Jan 13, 2005 Jkt 069102 PO 00000 Frm 00016 Fmt 0686 Sfmt 0634 E:\BR99\S18MY9.000 S18MY9 9860 CONGRESSIONAL RECORD—SENATE May 18, 1999 I ask unanimous consent to have tiveness and efficiency, have contributed sig- and knowledge of each of these complex or- printed in the RECORD the very detailed nificantly to the United States Navy. ganizations provided him with much of the briefing that goes behind this, the Directly responsible for the management data he required preliminary to directing re- Navy’s highest noncombat award, for of an annual budget of approximately 400 ductions. The knowledge gained during this million dollars, over 16,000 military and ci- tremendous and time consuming effort and which he received two. I hope to com- vilian personnel, and approximately 200 com- his years of experience enabled him to deter- plete my research about the first. mands within the CNO claimancy, Rear Ad- mine those areas where critical manning de- There being no objection, the mate- miral Nance has demonstrated unique abili- ficiencies were already developing as a result rial was ordered to be printed in the ties in management of these resources. Con- of the many reductions already applied to RECORD, as follows: stantly aware of the worldwide inflation and OPNAV and those areas where a reduction SUMMARY OF ACTION its adverse effects on the CNO claimancy and could be imposed. The application of his Rear Admiral James W. Nance distin- the national priorities, Rear Admiral Nance knowledge made it possible to develop a guished himself by exceptionally meritorious fostered and encouraged strong leadership, presentation which obtained the SECNAV’s service to the United States in a position of professional skills, and force in fiscal and support for an effort to stem the shrinking of great responsibility as Assistant Vice Chief personnel management. Whether involving the OPNAV staff and permit the staff to of Naval Operations/Director of Naval Ad- the more than 125 activities for which the meet its responsibilities. The required reduc- ministration (AVCNO/DNA) from June 1975 CNO provides direct Operation and Mainte- tion was effected with minimal disruption thru December 1978. As the principal advisor nance Navy (O&MN) appropriation financial and was superbly balanced among military and executive to the Vice Chief of Naval Op- support or the more than 90 activities for and civilian positions. In subsequent years erations (VCNO) and the Chief of Naval Oper- which the CNO is the civilian manpower additional personnel reduction actions were ations (CNO) for all organizational matters claimant, Rear Admiral Nance consistently directed. Rear Admiral Nance, after review- embracing the Office of the Chief of Naval and aggressively sought improvements in all ing the OPNAV staff, its requirements and Operations (OPNAV), and for all organiza- areas. Included in activities supported in the the requirements of the SECDEP, estab- tional echelons under the command of the CNO claimancy are such diversified com- lished an OPNAV Support Activity. This CNO, he has demonstrated the highest degree mands as CINCPAC, CINCLANT, SEATO component organization satisfied SECDEP’s of astute planning, detailed knowledge, ex- Military Headquarters, MAAG China, all the requirements for the reduction of Navy De- ceptional managerial skill, and the ability to Navy Sections in the MAACs in South Amer- partment Headquarters since those personnel identify requirements that would compete ica and Europe, USN Member SHAPE Head- not involved in Navy-wide policy making for support in an increasingly austere fiscal quarters, Naval Observatory, all the District were assigned thereto. This fresh approach and personnel resource environment. In this Commandants, COMUSJAPAN, Commander developed by Rear Admiral Nance prevented broad area encompassing more than 1250 Iceland Defense Force, most of the major the crippling of the OPNAV staff’s capability shore activities, plus all the operating forces Naval Support Activities in CONUS, all to perform its mission. of the U.S. Navy, Rear Admiral Nance initi- Legal Service Offices worldwide, NAP Wash- Mr. WARNER. But the interesting ated and implemented many innovative im- ington, COMOPTEVFOR, Board of Inspection thing is the direct parallels between, and Survey, the Vice President’s quarters provements which significantly enhanced Mr. Chairman, what he performed in the Navy’s capability and ability to support and Presidential helicopters, just to name a CNO in carrying out his mission. Astutely few. the Navy in 1974 and what he performed aware of the operational and material ex- Rear Admiral Nance set realistic standards in the Senate in 1994. When I spoke of penditures for the operation of the navy and for the management and administrative per- him as ensign, I heard on the floor of the complex requirements of Mission and formance of these field commands and ac- the Senate a little chuckle from a Program Sponsors in the OPNAV organiza- tivities in such areas as management poli- former ensign who is over there now tion, Rear Admiral Nance was able to relate cies, procedures and controls, organizational preparing to address the Senate. I am organizational changes to ongoing efforts, structure, position structure, staffing and sure he might expand a little bit on the delegation, management systems and related and to estimate potential costs and effec- relationship between an ensign and the tiveness with respect to the total navy effort management practices. In these areas, and and management decision at hand. He arbi- while servicing as resource and executive higher officers. I see him busily going trated among the various OPNAV sponsors manager for the CNO, he made significant over his notes over there. and technical managers in order to develop a contributions. Since the aforementioned ac- But I say to my distinguished col- convincing and balanced program for the tivities under the CNO claimancy are unique league from Massachusetts, we should VCNO and CNO. As the focal point for all or- in that they have no Systems Command or conclude these remarks by saying: An ganizational matters Rear Admiral Nance Bureau sponsorship and are administered officer and a gentleman—a phrase demonstrated the highest degree of patience, centrally under the CNO, they prove to be a known in the U.S. Navy. My distin- objectivity, sound judgment, integrity and major undertaking. Management of these ac- guished colleague from Massachusetts tivities is further complicated by the diverse skill in both persuasion and application. earned that title, as did Admiral These traits, coupled with a superior man- programs represented in their missions. agement ability, enabled him to overcome Through Admiral Nance’s direction and lead- Nance. problems and maintain the proper perspec- ership, the quality and level of services has I thank the Chair and thank my dis- tive during frustrating times. All of these been enhanced, and services in such areas as tinguished colleagues. qualities Rear Admiral Nance has in abun- property maintenance, personnel services, I ask unanimous consent that the dance, and they have been demonstrated and services to tenant commands have been Distinguished Service Medal citation time and again during his tenure as AVCNO/ greatly improved even though funds and per- be printed in the RECORD. DNA. sonnel have been reduced over the years. As Admiral Nance’s first Distinguished Rear Admiral Nance initiated and imple- an example of the concern for real property Service Medal was awarded and signed mented vital improvements in both the pol- facilities, during Fiscal Years 1976 through by my colleague, Senator CHAFEE, icy and procedural aspects regarding pro- 1978 the CNO claimancy allocated resources posals for the establishment, disestablish- for the maintenance and repair of real prop- when he was Secretary of the Navy and ment, and modification of shore activities erty in a proportion to its backlog of mainte- I was Under Secretary of the Navy. and of fleet activities of the Operating nance and repair that exceeded by over 50% There being no objection, the mate- Forces. Rear Admiral Nance has displayed a the same ration for the entire Navy shore es- rial was ordered to be printed in the flair for discovering organizational incon- tablishment supported by the O&MN appro- RECORD, as follows: sistencies. In each instance he instinctively priation. THE SECRETARY OF THE NAVY, recommends the best solution. In these rec- Rear Admiral Nance assumed his duties at Washington, DC. ommendations he exhibits a uniqueness in a time when a major reduction in force had The President of the United States takes looking at each proposal from the whole De- been directed. Confronted with this directed pleasure in presenting the Distinguished partment of the Navy standpoint and not a reduction of 12% in manning in OPNAV he Service Medal to Rear Admiral James W. more restrictive and narrow aspect of pro- approached the task with a unique freshness Nance, United States Navy for service as set gram sponsors. His efforts in maintaining which rallied the support of all concerned. forth in the following citation: For excep- strict compliance to the Secretary of De- Apportioning these reductions to the varied tionally meritorious service to the Govern- fense (SECDEF), Secretary of the Navy offices within the OPNAV would be no small ment of the United States in duties of great (SECNAV), and the direction and decisions task. He personally conferred with each of responsibility from January 1970 to January regarding the reduction of operational ex- the Deputy Chiefs of Naval Operations 1972, while serving with the Organization of penditures and for providing better utiliza- (DCNOs) and the Directors of Major Staff Of- the Joint Chiefs of Staff as Deputy Director tion of limited manpower resources, while fices (DMSOs) reviewing their mission and for Operations, National Military Command still maintaining the highest degree of effec- staffing. Gaining immeasurable information Center, Operations Directorate, and as Chief

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of the Studies, Analysis, and Gaming Agen- pression. Up until his last illness, he At any rate, Senator HELMS and the cy. had great vitality. And I admired him. admiral belonged to a mutual admira- As Deputy Director for Operations, Rear Less than a week before he passed tion society. All of us became associate Admiral Nance was responsible for moni- away, I saw him here in the staff gal- members of this wonderful friendship toring the worldwide political/military situation on an around-the-clock basis, acting as lery. I went over and talked to him. I that these two individuals shared. Bud personal representative for the Secretary of admired his tenacity. In spite of all Nance had an excellent relationship Defense; the Chairman, Joint Chiefs of Staff; that he was going through at the hos- with the chairman, as all of us know, the Director, Joint Staff; and the Director pital, transfusions and all the rest, he based on their deep loyalty to one an- for Operations. He was particularly adept in remained determined to be here and de- other, deep appreciation of each other’s handling the many events, incidents, and termined to be involved. talents, abilities and sense of char- sensitive operations of national interest in- It is a great lesson for all of us that acter, and deep friendship that goes volving the highest governmental authori- we should live life to the fullest. He back to childhood. ties. In his capacity as Chief of the Studies, certainly did. The loyalty that many We make friends in our lives through Analysis, and Gaming Agency, Rear Admiral members of the Senate and the staff, the various phases of our travels in Nance masterfully directed studies and sim- many of whom are here today, felt to- this world, but there is no friendship ulations prepared to analyze strategic and ward Bud Nance should be noted as that is more enduring or more deeply general purpose force capabilities relevant to well. appreciated than one that begins in national security decision-making at the Both sides of the aisle respected Bud childhood and carries on through life. highest level. Nance enormously. We were extremely That does not happen often, but when By his outstanding leadership, superior fond of him personally. All of us who it does it is a unique relationship. judgment, and inspiring devotion to duty, had the honor of knowing him are Rear Admiral Nance reflected great credit The fact that Bud Nance and my upon himself and the Organization of the deeply saddened to hear of his passing. great friend, JESSE HELMS, had this Joint Chiefs of Staff, and upheld the highest I express my condolences to his wife friendship at the young age of 4 or 5 traditions of the United States Naval Serv- and children and grandchildren as well. years of age that lasted to Bud’s pass- ice. As has been noted, he was the staff ing says wonderful things about both of FOR THE PRESIDENT, director of the Senate Foreign Rela- these individuals that they sustained JOHN H. CHAFEE, tions Committee. He took over the Secretary of the Navy. that friendship over these many, many stewardship of the committee in 1991. years. Mr. DODD addressed the Chair. He was summoned out of retirement, as For me personally, I say to the chair- The PRESIDING OFFICER. The has been noted over and over again man, every day it was a pleasure to Chair recognizes the Senator from Con- here by the chairman of the com- work with Admiral Nance. He was can- necticut. mittee. It is not the first time that the did. He was straightforward. He always Mr. DODD. Mr. President, I join my admiral had worked for the Foreign tried to do what he believed was in the colleagues in expressing our condo- Relations Committee. best interest of our country. He was lences to the Nance family. As Senator Back in 1979 and 1980, he had served truly a patriot. That word too often is HELMS has pointed out, there are a as a special consultant to the minority used to describe too many people, but number of them gathered today in the staff on the SALT II deliberations. in this case it happily applies to Bud Senate gallery to hear these tributes. Over the years, many Senators con- Nance. I cannot help but think what Bud sulted with him on matters related to Nance would think about a lot of this strategic arms treaties. He was truly He was 77 years old and a veteran of language out here. I imagine that I an expert in this area. When his won- several distinguished careers. And he would see a twinkling in his eye. He derful friend, his lifelong friend, and was tapped by Senator HELMS to take over the helm of the committee. Of might think we are getting excessive— our friend, JESSE HELMS, called him up to describe it politely. I do not think in 1991, seeking his help in reorganizing course, he had a wonderful and distin- you can get excessive when talking the committee, the admiral did what guished career in the Navy, as was about someone of the human quality he had always done—he showed up noted by the Senator, and others. He that Bud Nance possessed. ready for duty. He had retired to Vir- grew up in North Carolina, attended The reason you are seeing this bipar- ginia sometime before, but he could North Carolina State, enrolled in the tisan demonstration here today is be- not say no. He accepted the challenge; U.S. Naval Academy, U.S. Naval War cause I never knew what Bud Nance’s and we are all the better because of it. College, and specialized in world gov- politics were. I had my suspicions be- In fact, he was excited to take on an- ernments and strategic planning. He cause he was working with the chair- other challenge. earned a master’s degree at George man of the committee, but I never de- Some of you may know that the ad- Washington University. He had many tected an ounce of partisanship in any miral had initially refused to take any wonderful accomplishments. But the approach he ever made to a Member of salary. This is something of which not most important quality of all was he this body or members of the staff on ei- many Americans are aware. But there was just a wonderful human being, and ther side of the aisle. are people around here who do work be- all of our lives are enriched because he It is a great tribute to his human cause they believe in the work they are was a part of our lives. We are going to qualities that he saw issues as they doing. Admiral Nance was one of those miss him. were—either right or wrong—or ways individuals. He insisted he should not The PRESIDING OFFICER. The in which to get a job done to move a be paid lest someone think there was Chair recognizes the majority leader. bill forward. Throughout that process, an appearance of impropriety. Of Mr. LOTT. Mr. President, I thank the which too often brings out acrimony in course that never crossed anyone’s Senator from Connecticut for his very people, Bud Nance seemed to attract mind. The words ‘‘impropriety’’ and kind and heartfelt comments. I know the better angels in all of us. And it is ‘‘Bud Nance’’ just would not fit in the Senator HELMS appreciates it very that wonderful quality that he pos- same sentence, page, or book. He was a much also. sessed that I admired so much. I came person of impeccable integrity. In case it hasn’t been announced, I to really respect and enjoy this man’s Eventually, the two friends had to want all Senators to be aware that Ad- wonderful company over too brief a pe- compromise, as I am told, on minimal, miral Nance’s graveside services will riod of time. symbolic compensation in order to be at Arlington National Cemetery at We lost a great friend and a wonder- comply with Federal laws. Bud Nance 11 a.m. on Wednesday, tomorrow. For ful member of the Senate family a few would also not want to be in violation any Senators who would like to be days ago. Many of us knew Bud Nance of Federal laws. So there was a sym- there and participate, I am sure it will simply as ‘‘the admiral.’’ He was 77 bolic compensation that became Bud’s be a beautiful and appropriate cere- years young. That is not a polite ex- salary. mony.

VerDate jul 14 2003 13:40 Jan 13, 2005 Jkt 069102 PO 00000 Frm 00018 Fmt 0686 Sfmt 0634 E:\BR99\S18MY9.000 S18MY9 9862 CONGRESSIONAL RECORD—SENATE May 18, 1999 I served 4 years as a staff member on He went on to be Deputy National Se- smile, the constant twinkle in his eye, the House side, working for the chair- curity Adviser in the Reagan adminis- and the wonderful kind of calm that he man of the Rules Committee. Now I tration. And then, of course, for the had about him. Literally, I think 5 have served 26 years in the House and last 6 years, he was staff director of the days or 6 days before he passed away, the Senate. I have a very enduring ap- Foreign Relations Committee. clearly without any inkling on our part preciation for the importance and the His wife, Mary Lyda, and their two that that might happen so suddenly, we loyalty, the dedication and the fine sons—I know Phil—are grateful to have were down in Senate Foreign Relations service that we receive from our staffs, had this man as husband and father. room 116 dealing with a number of both in this Chamber, in our com- We all have been enriched and are bet- issues. I went over to sit beside him mittee work, and on our personal ter off because of his service to our and seek his counsel on something. As staffs. country and to this institution and to was his manner, he sort of patted me Admiral Nance was one of those his friend. on the knee in a calm way and said: I unique staff members, though, who had Bud Nance, sailor, public servant, pa- think we can take care of that; we can a very close personal relationship, be- triot. God rest his soul. take care of that. yond a normal staff relationship, with I yield the floor, Mr. President. That is the way he worked. He en- the chairman of the committee, but The PRESIDING OFFICER. The Sen- joyed the give and take. He loved the also with a lot of Senators. When I first ator from Massachusetts is recognized. responsibility. He loved the Senate. came to the Senate, I found myself Mr. KERRY. I thank the Chair. And most of all, he clearly loved his more than once back in the back room Mr. President, with sadness but with country which he served so diligently. seeking the advice and counsel of Ad- great pride, I join my colleagues today Not only did he have the confidence miral Nance, and he always took the to mark the passing of a remarkably and friendship—a very, very special time to try to explain the situation patriotic and—I think everyone would friendship—with Senator HELMS, but and try to make clear what was in the agree—extraordinarily committed pub- he also approached the job with pure country’s best national interests. And lic servant. professionalism, with fierce determina- so I feel a personal sense of loss. Rear Admiral James ‘‘Bud’’ Nance tion, and great skill. Surely he was al- When you go through life and then devoted his entire life to serving his ways committed to advancing the val- you sort of get to the end of your road country, to public service. That was ues and belief system—such a strong and you look back, I think there are made up, as we have heard, of a re- value system and belief system—of really at least three things you hope markable 35 years in the U.S. Navy, 2 Senator HELMS. Their priorities were for: a good name, good friends, and, years as Deputy Assistant for National the same. But he also was every bit as hopefully, a little good fortune. But Security Affairs under President committed to working out even the very important on that list is good Reagan, and then, as we heard our col- most contentious issues on a bipartisan friends. leagues recount today, great years of basis. I have had the privilege of having service here in the Senate, years where I consider myself privileged to have some great friends, going back to my all of us know he didn’t have to serve. worked very closely with Admiral childhood days at Duck Hill, MS, peo- He could have chosen any number of Nance when Senator HELMS was a ple I still stay in touch with from high other courses for his life, but right up member of the Senate POW–MIA com- school and college years. We still get until the end, he stood watch. mittee, which I then chaired. I will altogether. In less than 2 weeks, we are He earned, as we have heard, two Dis- ways be grateful to him for his very all going to be together at the mar- tinguished Service Medals in all of the steady support during that difficult riage of my daughter. My friends from campaigns that were listed by my col- and highly emotional time. He under- high school and college will be there. I leagues. One of the things for which I stood the importance of dealing with know that when you are in the greatest personally—and I am sure Senator that issue head-on, regardless of par- need of comforting, the greatest need MCCAIN will join me—express the tisanship or political consideration, of counsel, there are few friends that greatest respect was his service as and understood as well as anybody, be- you turn to. skipper, commander of the U.S.S. For- cause of his years of service, the need So we have had this unique relation- restal, which our colleague, Senator to begin to heal the wounds of war that ship with Rear Admiral James W. MCCAIN, has very close ties to. I served still divided this country. ‘‘Bud’’ Nance and our beloved chairman one of my tours of duty in Vietnam at His participation with Senator of the Foreign Relations Committee, the Gulf of Tonkin, as we did a lot of HELMS and the work of that committee the senior Senator from North Cali- search and rescue work with pilots and was a great service to this country. fornia. He was born in Monroe, NC— occasionally were doing guard duty The admiral and I also worked closely most folks probably have never heard right behind the carrier, so I became together during the 6 years that I was of it, or certainly have never been intimately familiar with carrier oper- privileged to have the responsibility as there—a small town, one block from ations. chairman, and then ranking member, the home of JESSE HELMS. I wonder I think anybody who has ever been on of the International Operations Sub- how many blocks there are in Monroe— a carrier, those 5,000-person floating committee for the State Department probably not many. But this son of the cities, understands the extraordinary authorization bill. I know that Bud South from North Carolina went to the leadership skills that are necessary to Nance believed it was more than just Naval Academy, a 1944 graduate. He keep everybody in those close quarters another bill. To him, it was a reflection was a gunnery officer on the U.S.S. working at the pace they work under— of our priorities in a global strategic North Carolina at Iwo Jima. He was a the intense, stressful combat situation sense, which he understood so well. So combat pilot in Korea and Vietnam. He in which they work. It is a remarkable it wasn’t just a substantive issue to was a test pilot. He was commander of tribute to this man that he rose to that him; it was also an institutional issue, the U.S.S. Raleigh, a cruiser, and com- level and, indeed, performed those re- and he cared about that. He cared mander of the U.S.S. Forrestal, one of sponsibilities with such distinction. about the Senate prerogatives, he our great carriers in history. I first met him, obviously, when he cared about the committee priorities I had the pleasure one time of land- came here, in 1991, and he became the and prerogatives, and he shared that ing on the deck of that carrier. It was Republican staff director for the Sen- concern with all of us. a tremendous experience. My attitude ate Foreign Relations Committee. Be- Although we found much to agree on, ever since has been: I have done that. I lieve me, it became evident very quick- we obviously sometimes disagreed. don’t want to do it anymore. ly how fast he was going to be sort of But, boy, I can tell you it was never To be commander of that great vessel the glue that helped to bring people to- with anything except the deepest sense is the height of success in many peo- gether and keep them together. Every- of respect and understanding for the ple’s lives. But he went beyond that. body here will remember the great substance of another person’s position.

VerDate jul 14 2003 13:40 Jan 13, 2005 Jkt 069102 PO 00000 Frm 00019 Fmt 0686 Sfmt 0634 E:\BR99\S18MY9.000 S18MY9 May 18, 1999 CONGRESSIONAL RECORD—SENATE 9863 Even throughout those disagreements, can be. We will miss him today, but so in all the years that I saw Bud Nance I always knew I could talk to Bud much more so, we honor his legacy and here, never once did I see him lose pa- Nance and he was going to give me a his memory. tience with anyone. His courtesy was fair hearing, and, working with Sen- Mr. HELMS addressed the Chair. unfailing, and, frankly, he represented ator HELMS, he was going to do his best The PRESIDING OFFICER. The Sen- what we know of as the greatest gen- to resolve those differences. ator from North Carolina is recognized. eration in more ways than just having We all know the degree to which Bud Mr. HELMS. Mr. President, I thank served in combat and risked his life for Nance was a devoted public servant. the Senator. I am touched by all of his country in three wars. But of greater meaning and of greater these remarks. I hope the Chair will Mr. President, when I think of Bud consequence to him, surely, Bud Nance recognize Senator MCCAIN next. But Nance, as I always have, as we not only was a devoted husband and father. We before he does, I want to make a point mourn his passing but celebrate his have heard others talk of the wonderful that Bud Nance said many times how life, I could not help but be reminded of marriage that he had to Mary Lyda for much he admired Senator MCCAIN’s fa- what is one of my favorite poems, writ- 53 years. Together they had four chil- ther. With that, I hope the Chair will ten by Robert Louis Stevenson, who dren. I simply want to take this oppor- recognize Senator MCCAIN. also had an incredibly unusual life of tunity to extend my condolences to The PRESIDING OFFICER. The Sen- adventure, with great and vast experi- them and to their families for their ator from Arizona is recognized. ences and great contributions. Robert loss. Mr. MCCAIN. Mr. President, I thank Louis Stevenson wrote a poem that he It is also very hard to think about my dear friend from North Carolina for wrote for his own epitaph called ‘‘Req- Bud Nance without obviously thinking the love and friendship he bestowed on uiem,’’ which I believe also fits our about the special relationship he had Bud Nance for many, many years. It is dear friend, Bud Nance. with his closest friend and our col- a rare thing—the relationship that ex- The poem is a very simple one: league, Senator HELMS. I will always isted between my dear friend from Under the wide and starry sky. fondly remember the many stories that North Carolina and Adm. Bud Nance. It Dig the grave and let me lie. Senator HELMS shared with us in the was a relationship characterized by Glad did I live and gladly die. Foreign Relations Committee and here mutual respect, political courage, and And I laid me down with a will. on the floor about two young tykes love and affection, which is, as the pre- This be the verse you gave for me: growing up within streets of each other vious speaker mentioned, somewhat Here he lies where he longed to be; and spending literally their lives to- rare in this town—although not as rare Home is a sailor, home from the sea. gether, even when they weren’t to- as some would think. And the hunter home from the hill. gether. No one could ever doubt the Bud Nance was not only a friend of Mr. President, I yield the floor. strength of the bond between them or my father’s, he also served under my The PRESIDING OFFICER. The the personal loyalty they felt toward grandfather in World War II. Mr. Presi- Chair recognizes the Senator from Min- one another over so many years. This dent, there is a book that has been No. nesota. was really a rare friendship. That it 1 on the best seller list for a long time. Mr. WELLSTONE. Mr. President, I has a marvelous endurance is a tribute The title of that book is ‘‘The Greatest say to my colleague from North Caro- to both Bud Nance and JESSE HELMS, Generation,’’ written by Tom Brokaw, lina, I was thinking to myself that one not just as public servants or as part- a man known to all of us. It is one of of the things that rarely gets written ners in a public endeavor, but as pri- the more moving books I have read in about regarding politics, and it is al- vate people, as human beings. a long time. It chronicles the personal most the thing I have enjoyed the most Modern politics is not kind to per- experiences of those of the generation about being a Senator, is the kind of sonal lives, to private lives. It is some- that fought and won World War II and, friendships that develop here. times easy to lose sight of the impor- indeed, did make the world safe for de- Senator HELMS and I are not exactly tance of those friendships in this city, mocracy. It contains very moving sto- in agreement on most issues, and Ad- and that is why I think it is so impor- ries. The impact of those stories gives miral Nance and I weren’t in agree- tant, in part, to recognize the full us a renewed and indeed, perhaps, an ment on most issues, but I tell you measure of the friendship they shared. unappreciated recognition of the serv- something, I came to love that man I don’t remember all of the words, ice and sacrifice of that generation, and I will never forget him. I agree but there is a wonderful poem by Wil- what they went through, what they with what everybody has said about his liam Butler Yates that speaks about achieved, and the reality that they impact on the Senate. the glory man shares here on Earth, really did make not only the world safe I think it started a couple of years but in the end he calls on us to hope for democracy, but make it possible for ago; I would be walking with a bad that every individual would say: And future generations to live much better knee and Bud would ask me how I was so my glory was I had such friends. lives in a broad variety of ways. doing. We would start talking, and Really, that is glory in itself, that he Bud Nance was of the greatest gen- then we would talk more. It came to had a friend like Bud Nance. eration and he was one of the greatest the point, Senator HELMS, where I just Mr. President, this is a city marked Americans to serve in the greatest gen- decided—I never had a chance to know by transients. People come and people eration. In fact, his service spanned the admiral in the same way Senator go. But Adm. Bud Nance was forever three wars, and in all of them he served HELMS knew him as a dear friend, or proud that his service here was, in with distinction and courage. the way some of my other colleagues many ways, neither ephemeral or tran- I believe that Bud Nance epitomized have known him over the years—I just sient. It was a tireless service to the in the Senate all the best we see in peo- reached the conclusion that this was a country, the Senate, stellar leadership ple who serve the Nation. Unfailingly man I really believed in. I hope and in the Senate Foreign Relations Com- courteous, always considerate to oth- pray he felt the same way about me. mittee, and lifelong devotion to coun- ers, he took into consideration with I think he represented the very best try. It defines patriotism. He will be equal weight and gravity the views of of treating people well, the best of greatly missed, but he will also be re- those on the other side of the aisle. being willing to stand up for what you membered very fondly by all of us who And although perhaps in disagreement, believe in, the best of patriotism, the knew him and remembered him as a he always treated those views with the best of public service. As far as I am good man who made no secret of his respect and consideration they de- concerned, there are certain people you love of family, love of friends, and love served. meet whom you never forget. They are of country. He epitomized the best of Obviously, as has been mentioned, with you for the rest of your life. I cel- what can come from our Nation’s cap- the relationship between the two men ebrate this man’s life. In all the work ital and from the country itself, as well was remarkable and unusual. But it I will get a chance to do as a Senator as the best of what our foreign policy was also remarkable and unusual that, or as a teacher, or whatever I do, I will

VerDate jul 14 2003 13:40 Jan 13, 2005 Jkt 069102 PO 00000 Frm 00020 Fmt 0686 Sfmt 0634 E:\BR99\S18MY9.000 S18MY9 9864 CONGRESSIONAL RECORD—SENATE May 18, 1999 always try—I will never succeed—to do more. And it’s obvious he never The PRESIDING OFFICER. Without live up to Bud’s example. wished to do less. objection, it is so ordered. Mr. MOYNIHAN. Mr. President, I rise The PRESIDING OFFICER. The The PRESIDING OFFICER. The to pay tribute to Rear Admiral James Chair recognizes the Senator from Chair recognizes the Senator from Ne- W. Nance, a gentleman and a patriot. I North Carolina, Mr. EDWARDS. braska. will leave it to others to talk about Mr. EDWARDS. Thank you, Senator Mr. HAGEL. Mr. President, to my Bud’s accomplishments in the Navy, at HELMS, for allowing me to speak today friend and distinguished colleague, the the White House, in the private sector in a tribute to an extraordinary North senior Senator from North Carolina, and in academia, and here in the Sen- Carolinian, Adm. Bud Nance. chairman of the Senate Foreign Rela- ate. They are legion. I wish to high- I found Senator MCCAIN’s poem very tions Committee, I offer my sympathy, light the central role he played in as- moving and very touching. I know Bud my condolences. I have expressed those sisting the Commission on Protecting Nance was an extraordinary friend to sentiments to Senator HELMS in writ- and Reducing Government Secrecy, my senior Senator, who has been an ex- ing and face-to-face. which I chaired. Senator HELMS was a traordinary friend to me since I have I have heard the eloquence of many Commission Member. Bud understood been here in the Senate. They grew up of my colleagues here this morning, ex- the importance of keeping some se- together. I think they were born a cou- pressing themselves about how they crets. But he also understood that ex- ple of blocks away from each other, feel about a very special American. cessive secrecy is a mode of regulation. over in Monroe, NC, and even a couple The only weakness that has been pre- The most pernicious mode, really, of months apart, if I am not mistaken. sented here is that most of them have The things that Bud Nance did with since we don’t know what we don’t been Navy. Having been an Army ser- his life are the things we would strive know. It is a fitting tribute to Bud, his geant in Vietnam in 1968, I, too, have for all of our children to do. He spent wisdom, and his talents that the Com- some sense of appreciation for a Navy his life in service of this country. Hav- mission unanimously issued its report admiral. Of course, when I was in Viet- ing attended the Naval Academy, hav- containing recommendations for pro- nam as an Army sergeant, I didn’t ing gone on to rise to prominence as an tecting and reducing government se- know any admirals, but I got to know admiral in the Navy, having served on crecy. this admiral rather well. the U.S.S. North Carolina, and then, Bud battled his illness gallantly, I wish to share a quick story that the after retirement, when most people which is no surprise. His death from Senator from North Carolina may not would go on to spend time with their that illness is no surprise, either, but it know about Bud Nance. Two weeks family and children, he went to his sec- hurts nonetheless. We who were privi- after I was elected to the Senate from ond career, which was working for his leged to know Bud will miss him. The Nebraska in 1996, I received a call from great lifelong friend, Senator HELMS, country will miss him. Admiral Nance. It had gotten around on the Foreign Relations Committee. He and I were frequent correspond- While I did not know Bud Nance inti- back here that I was interested in serv- ents. His last letter to me, from last mately the way the Senators who have ing on the Senate Foreign Affairs Com- October, is characteristics. He wrote, spoken knew him, I have to say, when- mittee. Admiral Nance first congratu- As I mentioned in a discussion we had sev- lated me on my victory and then said ever I went to Senator HELMS for ad- eral months ago, I have myelodysplasia, or vice—which seemed to be often—on the Senate Foreign Affairs Committee smoldering leukemia. I have had all the ex- would be willing to even take an Army perimental treatments they do out at NIH issues of foreign relations, the very first thing he would say to me is, you veteran—if it came to that—but want- without success. At present, I am living on ed me to know that he was at my dis- transfusions. This problem does not worry need to talk to Bud Nance. I know how me in the slightest because I have had 77 much he relied and depended on Bud posal to help me and assist me in any wonderful years and have had the privilege Nance. way with the staff that I was assem- of knowing some of the great people of my I might add, aside from the fact that bling, whether I joined the Senate For- time. I am so proud of Bud Nance as a North eign Affairs Committee or not. Not the slightest tinge of self-pity, Carolinian, I have another connection We had a long talk—as I recall about remorse, regret, or bitterness. He was with him, which is that my father-in- 45 minutes—about our country, about confident in his faith and comfortable law, Vince Anania, who was a captain service to our country, military, for- in his accomplishments. Rather, he was in the Navy, went to the Naval Acad- eign relations. After that 45-minute concerned about the imminent dangers emy and was a classmate of Bud Nance conversation, I walked out of my office our country faced in the Balkans and at the Naval Academy. My father-in- in Omaha and said to the person who is elsewhere: law was a career naval aviator, a man now my chief of staff: I am going to What does bother me, Senator, is I am ex- for whom I have great love, admira- seek a seat on the Senate Foreign Af- tremely worried about our country. In 1939, I tion, and respect, and he held Bud fairs Committee if for no other reason did not register for the draft for World War Nance in enormous esteem and friend- than Bud Nance. II. The reason I did not register was because ship, having gone to school with him, Bud Nance and I talked about that they already had me . . . Everywhere we having known him over the years. occasionally, and that relationship look around the world things are bad—Bos- I have to say, this man’s career built. For me, it was a very important nia, Kosovo, Iraq, India/Pakistan (nuclear speaks for itself. The fact that he is part of my service on the Senate For- testing), North Korea, Latin America is eign Affairs Committee and in this stewing in drugs, et. al. We should remember held in such high esteem by Capt. what Charles DeGaulle said, ‘‘There are no Vince Anania, whom I love, admire and body. friends in international politics.’’ We have respect, just about says it all. I think I recall 4 months into my first year countries that respect us; countries that fear this man was an extraordinary man in the Senate at a hearing Senator us; and countries that hold us in contempt. I who gave extraordinary service to his HELMS was presiding over—and I know see too many cases where we are held in con- country. We have lost a great Amer- this will come as a surprise to some tempt. We have to do better internationally. ican. Members on the floor—one of our col- Bud wrote to me, with his char- I yield the floor. leagues had an awful lot to say that acteristic modesty, ‘‘In the roughly 60 The PRESIDING OFFICER. The day and was not inhibited by time or years that I have been with the govern- Chair recognizes the senior Senator bashful about how much he wished to ment in both the executive and legisla- from North Carolina. contribute on this particular subject. tive branches I have always tried to Mr. HELMS. I ask unanimous con- As one of our colleagues went on and make our country a little safer and a sent that any further remarks by other on and on, Admiral Nance leaned for- little better.’’ This, rhetoricians will Senators today or subsequent to today ward and said, ‘‘Senator,’’ and I turned tell you, is understatement. If I may relative to Bud Nance be printed in and I said, ‘‘Yes, Admiral Nance.’’ He paraphrase General Robert E. Lee, Bud tandem with the remarks that will al- said, ‘‘I want you to observe some- did his duty in all things. He could not ready appear. thing.’’ He smiled and winked and

VerDate jul 14 2003 13:40 Jan 13, 2005 Jkt 069102 PO 00000 Frm 00021 Fmt 0686 Sfmt 0634 E:\BR99\S18MY9.000 S18MY9 May 18, 1999 CONGRESSIONAL RECORD—SENATE 9865 looked down and then said, ‘‘Senator, many more dealings with him than I staff director of the Foreign Relations remember, you need not be eternal to had, a person who brought to this Sen- Committee and he had requested a doc- be immortal.’’ ate a very substantial background and ument from AID on funds for Nica- I don’t think that was an original, a very special kind of knowledge about ragua. The answer the Admiral got but it was at that time effective and these issues in foreign affairs. from AID was not in English with dol- framed the issue in rather simple Bud So I want to add my voice today to lar amounts, but rather it came in Nance eloquence that the Senator has the expressions of gratitude for his Spanish with amounts in cordobas. come to know for so many years. public service. Yes, condolence over his So the Admiral wrote back to AID Of course we will all miss him; not passing and sympathy to his family saying he had three staff members who only for what he represented—and and loved ones, but especially, at the were Spanish speakers, but they were maybe, more than anything, what he same time, to say thank you to Admi- all busy, and since English was obvi- represented was a role model. Each of ral Nance for lending himself in service ously not AID’s official language, he us who has the privilege of serving our to his country in such a noble way and wanted all communication from AID to country should always understand that especially thank you to him for being the committee to be either in Russian the greatest responsibility we have is of service to his country here in the or Hebrew during the month of August. to be as good a role model as we pos- Senate with Senator HELMS for so But—here is the real kicker—the Ad- sibly can. For his staff, as you know so many years. miral sent his response to AID through well, Mr. Chairman, you who loved this I yield the floor. the proper channels on Foreign Rela- man, who adored this man—not be- Mr. GRAMS. Mr. President, I take tions Committee stationery, it was all cause he was a friendly man, but he this opportunity to join many of my very proper and official looking, except guided them and he helped them; he colleagues this morning in saying just for one thing: He had a member of his was tough when he needed to be how grateful I am that I had the staff draft it up in Hebrew. And that is tough—for all those staff members who chance to work with ‘‘the Admiral.’’ the truth. I have a copy of the letter served with Admiral Nance, I wish to When I call Bud Nance ‘‘the Admiral,’’ right here. say thank you on their behalf, since I do so on purpose, because when a Sen- By the way, the only bit of English they do not have the privilege of being ator referred to ‘‘the Admiral,’’ of was, of course, his signature at the bot- on the floor of the Senate this morn- course you never had to question which tom of the letter: ‘‘James W. Nance.’’ ing, acknowledging his service. And on one. We all knew that Member was According to the Admiral, he never behalf of this Army veteran, very jun- talking about—of course, Admiral heard back from AID on that matter, ior Senator, I wish to thank Admiral Nance. but he never received another foreign- Nance. For you, Bud Nance, wherever The Admiral was a great man, a true language document without a trans- you are: We will miss you, Admiral. American hero. He survived over 150 lation as well. I yield the floor. Japanese suicide bomber attacks dur- So again, Mr. President, this is not The PRESIDING OFFICER. The ing World War II. He became a Navy just a time to mourn our loss, but I be- Chair recognizes the Senator from test pilot, which was dangerous work. lieve very strongly it is a time to cele- North Carolina. In one of the 10-men units in which he brate the Admiral’s life. He will be Mr. HELMS. Mr. President, I think I served, five pilots died in crashes. So missed, but he will not be forgotten. have never heard such eloquence in my we know he was not only brave but also Thank you very much, Mr. President. 27 years in the Senate. It was a glory to blessed. I yield the floor. me just to sit here and hear the evalua- Later he commanded the aircraft car- The PRESIDING OFFICER. The tions of a man whom I have known and rier U.S.S. Forrestal and served as dep- Chair recognizes the Senator from loved all my life. uty assistant to the President for na- California. Mr. DORGAN. Mr. President, I want- tional security affairs under Ronald Mrs. BOXER. Thank you very much, ed to just add a note of sympathy and Reagan. Mr. President. condolence, but also, on this day, a Chairman HELMS and the Senate For- I associate myself with the remarks note of admiration for Admiral Nance’s eign Relations Committee benefited that have been made all morning con- public service. As I said one day on the from his intense patriotism and vast cerning the passing of Admiral Nance, floor when we were talking about the experience. We are all very lucky that and what a gentleman he was, and late Scott Bates, there are many peo- he was willing to serve his country in what a difficult thing it is for Senator ple who serve this country, and work in this way, continuing his lifelong com- HELMS to lose a friend he has had since this Senate especially, who do so in mitment to the defense of our Nation’s childhood. ways that are not obvious to people on interests. Mr. MCCONNELL. Mr. President, in the outside, but in ways that are criti- Let me say something else about the 1941, Monroe, North Carolina, lost Bud cally important to the workings of the Admiral. He was a modest man, a very Nance, a favorite home grown boy, who Senate and the construction of good simple man, and he certainly would not traveled north to the U.S. Naval Acad- public policy in America. want all of this fuss about his accom- emy. Last week, we all suffered the I did not know Admiral Nance well. I plishments over a very long life. But loss of Admiral Nance to a different knew him to see him. I, on several oc- Admiral Nance was a Navy man and, of journey. He passed away after a life casions, approached him with some course, loved to tell stories. In his time of dedicated and successful serv- questions about policy issues that I memory, I want to relate an anecdote ice to his country. But, what most of knew the committee was working on, about the Admiral which reflects his us will recall beyond his distinguished that I knew he was involved in with straightforward nature and, above all, record and credentials is the support Senator HELMS. On each occasion, he his sense of humor. and friendship Bud offered many of us, answered my queries with patience and This happened before my time in the especially to Senator HELMS. with a great deal of understanding. I Senate, but it is one of those stories Bud brought the quiet confidence and walked away thinking to myself, this that gets repeated by members of the certain purpose he had gained from is a person who really knows these Foreign Relations Committee. I share growing up in a close knit community issues, both from experience and just a it with everyone today because if any to each challenge and task he faced. general knowledge from a wide range of you did not have the pleasure of When he arrived to serve Senator of interests and issues. It reminded me knowing Bud Nance, you will have a HELMS as chief of staff of the Foreign again, then, with him, as it has with so better understanding of why he was so Relations Committee there were no many others, of the wonderful service beloved by everybody with whom he shortages to the variety and com- given the Senate by so many people on worked. plexity of those challenges. But, Bud our staffs. But he was different. He was It occurred in the summer of 1992 had a gift for dissecting and analyzing by all accounts, of all those who had when Admiral Nance was the minority complicated issues—whether personnel

VerDate jul 14 2003 13:40 Jan 13, 2005 Jkt 069102 PO 00000 Frm 00022 Fmt 0686 Sfmt 0634 E:\BR99\S18MY9.000 S18MY9 9866 CONGRESSIONAL RECORD—SENATE May 18, 1999 or policy—cutting with certainty to Admiral Nance stood out. He will be Admiral Nance began his tenure with the heart of any matter, giving guid- missed. Our thoughts and prayers go the exorbitant income of $3.36 a week. ance then moving on to the next chal- out to his wife, Mary Lyda Faulk; their When Congress became bound by the lenge. He saw each problem as an op- children, James Lee Nance, Mary Cath- laws of the land, Senator HELMS was portunity to support his friends and erine Worth, Andrew Monroe Nance forced to raise Admiral Nance’s salary serve his country. and Susan Elizabeth Nance, and their to minimum wage. The many conversations I enjoyed many grandchildren. We smile as we reflect on the Admi- with Bud flowed from our common rev- Mr. ASHCROFT. Mr. President, I rise ral’s paltry salary, but what a selfless erence for the history and stories so fa- today to join every member of this display of service that was to his coun- miliar in the South. He represented the body in mourning the loss of Admiral try and this body. Earning the min- best of North Carolina traditions—he James W. ‘‘Bud’’ Nance. His loss is felt imum wage was not a publicity stunt. had that strong streak of country especially among those Members and Admiral Nance operated behind the sense, yet was ever sentimental; his staff who worked closely with the Ad- scenes almost entirely. This man was wisdom twinkled with humor. He miral on the Foreign Relations Com- truly motivated by gratitude to the brought these strengths to every dis- mittee. He is survived by his wife of 53 United States. cussion we had on a wide range of years, four children, and seven grand- Admiral Nance was a dedicated con- issues from arms control to foreign children. servative, and his conservatism was aid—he made a difference with South- The much-celebrated friendship be- rooted in respect for his fellow man ern distinction. tween Admiral Nance and Senator and an unshakeable commitment to Bud’s loss will be felt most deeply by JESSE HELMS set the tone for the work the best interests of his country. His his life long and good friend, ‘‘JESSE’’. of the Foreign Relations Committee. partisanship was good-humored and I thank him for sharing Bud with us for Few committee chairmen have known balanced. The Admiral had a verse dis- the past 8 years. The Senate and its their staff directors since first grade. played prominently in his office from Members are the richer for his con- The level of trust between those two Ecclesiastes which read ‘‘The heart of tribution and service. elevated the work of the Committee to the wise inclines to the right, but the Mr. DASCHLE. Mr. President, I join a distinct level. heart of the fool to the left.’’ Whether my colleagues in saying how much this Born in 1921 in Monroe, North Caro- as a formidable opponent or valued ally Senate, and this nation, will miss Bud lina, Admiral Nance went on to grad- in the work of the Senate, Admiral Nance. I want, as well, to offer my con- uate from the Naval Academy, fight in Nance respected—and won the respect dolences to Admiral Nance’s family, to World War II, and serve 35 years in the of—all members of the Foreign Rela- Senator HELMS on the loss of his child- U.S. Navy. That was all before he tions Committee. hood friend and staff member, and to began his second career after 1979 in This man was a warrior his entire Admiral Nance’s colleagues at the Sen- the Legislative and Executive branches life, placing himself in harm’s way for ate Foreign Relations Committee. of Government. In the Navy, the Admi- the good of his country. He died as he Other Senators on both sides of the ral was a first rate aviator, involved in lived—he fought to the very end. Many Members of this body probably are not aisle have spoken of Admiral Nance’s some of the more dangerous testing aware of the health difficulties he distinguished careers—in the Navy, the and developing programs for naval struggled with during his entire tenure White House, and here in the Senate. fighters. He served as Commanding Of- as Staff Director of the Foreign Rela- He was, as they have said, a war hero, ficer of the Attack Carrier Air Wing tions Committee. It would have been and a true patriot. Senior Naval offi- Eight aboard the U.S.S. Forrestal and easy to walk away. There was a reason cer. Commander of U.S. forces in Eu- later became the Commanding Officer he stayed, though. rope. National security advisor to two of that aircraft carrier—a ship that had Admiral Nance was a true American. Presidents. Chief of Staff to the Senate more sailors (5,000) than his hometown His life was a testament to the ideals Foreign Relations Committee. of Monroe, North Carolina. which have made this country great. Senator HELMS is his dearest and old- The Admiral concluded his naval ca- He believed in the United States of est friend in the Senate. But Admiral reer as Assistant Vice Chief of Naval America. He believed in prudent and Nance leaves many friends here—on Operations and Director of Naval Ad- decisive American leadership in the both sides of the aisle. He was a good ministration. He went on to serve as a world. He believed in what this country and decent man. A man of great accom- staff member of the Senate Foreign Re- stood for and what it could accomplish. plishment and true humility. He was lations Committee in 1979–80 and Dep- As we reflect on his life in the com- also a man of integrity. You knew, uty Assistant for National Security Af- ing days, may each of us gain a re- whenever you dealt with Admiral fairs under President Reagan. In that newed sense of commitment to pre- Nance, that you were dealing with a capacity, he was responsible for man- serve the blessings of freedom which fair and open man. You knew if Bud aging the entire staff of the National the Admiral defended. My sympathies Nance made a commitment, it would be Security Council at the White House. are with the Admiral’s wife Mary Lyda kept. His word was his bond. Admiral Nance returned specifically and their children. Mr. President, I He was also an tireless worker. Most to naval aviation by running Boeing’s yield the floor. mornings, he arrived at the Capitol at Navy Systems program from 1983 to Mr. COVERDELL. Mr. President, I 7 o’clock. He was still at his desk late 1990. In 1991, he returned to the Foreign rise today to honor a great man and a into most nights. I don’t know whether Relations Committee as Deputy Staff great American who passed away last his work ethic was formed in the Navy, Director for the Minority and has week. I had the privilege of working or earlier in life, but it was remark- served the last four years as Majority with and knowing Admiral James ‘Bud’ able. And it never wavered, even during Staff Director for the Committee. Nance. His passing was a great loss for his last great battle with sickness and The Admiral’s commitment to serv- me personally, for the Senate, and pain. Admiral Nance was a steady hand ice can be seen throughout his life, and most importantly, for our country. on the foreign relations Senate ship, that was certainly the case in the four In both his long and distinguished just as he was in his command of the years that I worked with him as a naval career and his work directing the aircraft carrier Forrestal. He displayed Member of the Foreign Relations Com- activities of the Foreign Relations courage and grace in his fight against mittee. In assuming the position of Committee, Bud set the highest stand- illness. Staff Director, Admiral Nance told ard in his selfless commitment to The Senate is served every day by Senator HELMS he viewed the job as a country and his loyalty to friends. His men and women of great dedication, service to his country and wanted no commanding presence, his decorum in commitment and industry who believe compensation. Senate rules required all that he did, and his model of sac- in the American system of government. some level of compensation to be an of- rifice and service is an inspiration for Even among these exceptional people, ficial Senate employee, however, so all who knew him.

VerDate jul 14 2003 13:40 Jan 13, 2005 Jkt 069102 PO 00000 Frm 00023 Fmt 0686 Sfmt 0634 E:\BR99\S18MY9.000 S18MY9 May 18, 1999 CONGRESSIONAL RECORD—SENATE 9867 While we are saddened by his passing, my colleagues who have risen today to the misfortunes for our children and we rejoice in his memory and in the talk about the remarkable service grandchildren. legacy of loyalty and service he left be- given this body, and our nation, by Ad- One of those innovators is a 101-year- hind. Chairman HELMS, my sympathy miral James W. Nance, majority staff old woman from Sioux City, IA. Louise and condolences to you in the loss of director of the Foreign Relations Com- Humphrey was a leading light in the this great friend. Our prayers and mittee. battle against polio, one of the most thoughts are also with the Admiral’s Although I am no longer on the Com- terrifying illnesses of our century. Be- wife and children. mittee, I had the honor and pleasure of cause of her work and the work of oth- Mr. President, I would like to con- serving as a member of that Committee ers devoted to finding a cure, polio is clude these brief remarks with a poem in the 105th Congress, and to come to almost nonexistent in our country. by Ralph Waldo Emerson, titled ‘‘Great know and admire ‘‘The Admiral.’’ It is hard for anyone who did not live Men.’’ It captures, far better than I In many ways, Admiral Nance was through the forties and fifties to under- could in my own words, Bud’s commit- the living embodiment of what Tom stand fully the fear and hysteria which ment and service to this country. Brokaw, in his recent book, has called accompanied the polio epidemic during Not gold, but only man can make ‘‘The Greatest Generation.’’ He had a any particular summer. The disease A people great and strong; distinguished career in the Navy, serv- was highly contagious and sometimes Men who, for truth and honor’s sake ing in combat in World War II, as a test fatal. It attacked the lungs and limbs. Stand fast and suffer long. pilot, and later as commander of the It immobilized its victims. It made Brave men who work while others sleep, aircraft carrier U.S.S. Forrestal. them struggle for breath and often Who dare while others fly— Following his Naval career, he served forced them to breathe through me- They build a nation’s pillars deep chanical iron lungs. Parents would not And lift them to the sky. as deputy assistant to the President for National Security Affairs in the allow their children to go swimming or Bud Nance was once of these great Reagan administration, and then to drink out of public fountains for fear men who helped build our nation’s pil- joined his boyhood friend, the distin- of contagion. lars deep and lift them to the sky. Those children fortunate enough to Mrs. BOXER. Mr. President, I join guished Senator from North Carolina, escape the illness saw their classmates my colleagues and the entire Senate in offering his service, and his exper- return to school in the fall in leg family in honoring the life and mem- tise, to the U.S. Senate as staff direc- braces and watched newsreels of people ory of Admiral James Nance, the tor for the Foreign Relations Com- former majority staff director for the mittee. in iron lungs. At the height of the epidemic in the Senate Foreign Relations Committee. His kindness to me—as a junior mem- 1940s and early 1950s, polio struck be- My deepest sympathies go out to Bud’s ber of the minority party—in getting wife, Mary, and to his four children and to know the ins and outs of the Com- tween 20,000 to 50,000 Americans each seven grandchildren. mittee was always appreciated, and his year. In 1 year, 1952, 58,000 people I also want to express to my Chair- sage council and advice were always a caught the disease. Most of these peo- man, Senator HELMS, my sincerest con- welcome addition to the Committee’s ple were children. dolences on the loss of his lifelong consideration of a range of pressing na- Mrs. Humphrey of Sioux City became friend. He and Bud Nance, born just a tional security issues. interested in polio before the height of few months apart, grew up a mere The Admiral will be sorely missed— the epidemic. In the 1930s, according to three blocks from each other in Mon- but I join my colleagues in celebrating the Sioux City Journal, she saw first- roe, North Carolina. his life of service to the United States. hand the ravaging effects of polio after Bud Nance joined the Navy in 1941 Mr. HELMS. Mr. President, I suggest meeting a man who had been disabled and retired 38 years later as a rear ad- the absence of a quorum. by the disease. miral. He served this nation in active The PRESIDING OFFICER. The She and her husband, the late J. Hu- duty in three wars. During his service clerk will call the roll. bert Humphrey, a Sioux City dentist, in World War II, he survived 162 Japa- The legislative assistant proceeded became leaders in the fight against nese air and kamikaze attacks. Over to call the roll. polio. They headed the Woodbury the course of his career, he served as a Mr. GRASSLEY. Mr. President, I ask County chapter of the National Foun- Navy test pilot, led an attack squadron unanimous consent that the order for dation for Infantile Paralysis. Mrs. and an air wing, and commanded the the quorum call be rescinded. Humphrey was elected State chairman U.S.S. Raleigh and the aircraft carrier, The PRESIDING OFFICER. Without of the women’s division of that founda- Forrestal. After leaving the military in objection, it is so ordered. tion. 1979, Admiral Nance served as assistant Mr. GRASSLEY. I ask unanimous The Humphreys raised thousands of national security adviser until he consent to speak for 5 minutes. dollars for equipment and therapy to joined the private sector as head of The PRESIDING OFFICER. Without battle the disease. They enlisted enter- naval systems for Boeing. objection, it is so ordered. tainers and circus performers in the In 1991, Senator HELMS asked his old f cause, hosting these individuals at fundraising parties. Their guests in- friend to bring his military knowledge OLDER AMERICANS MONTH and experience in world affairs to the cluded Bob Hope, clown Emmett Kelly, Senate Foreign Relations Committee. Mr. GRASSLEY. Mr. President, May and even an elephant that loved ham Admiral Nance refused to take a salary happens to be Older Americans Month. sandwiches. and received only the minimum com- I believe we should honor older Ameri- Their work contributed to a climate pensation allowed under federal law— cans through this month, not only be- in which Jonas Salk developed the first $153 per year. cause my State of Iowa has many fine polio vaccine. His vaccine, and another Bud Nance will be remembered in senior citizens whom I am very willing developed by Dr. Albert Sabin, soon be- this body as a gracious and kind gen- and happy to talk about because of came widely available. Thus, polio is tleman. When I joined the Foreign Re- their contributions to our State and virtually nonexistent in our country, lations Committee this year, Bud our society, but also because I am although it remains a Third World called to welcome me and my staff to chairman of the Aging Committee. threat. the Committee. It was typical of Bud’s It may be human nature to overlook Mrs. Humphrey has said she has no courtesy and good manners. the hardships of previous generations. secret for living such a long life. She Mr. President, in Bud Nance the Sen- We do not think about suffering that advises people to, in her words, ‘‘just ate has lost a loyal public servant and we do not have to endure, and that is be happy and be well.’’ She has never the nation has lost a true patriot. the way it should be. That is the way had an ache or pain. What she did have Mrs. FEINSTEIN. Mr. President, I we hope it is and it is the hope of in abundance was empathy, kindness, would like to add my voice to those of American innovators who work to ease generosity, and devotion. Because of

VerDate jul 14 2003 13:40 Jan 13, 2005 Jkt 069102 PO 00000 Frm 00024 Fmt 0686 Sfmt 0634 E:\BR99\S18MY9.000 S18MY9 9868 CONGRESSIONAL RECORD—SENATE May 18, 1999 her contributions, millions of Amer- grandparents—to ensure that our chil- Some people might say, well, haven’t ican children will live without a debili- dren understand that in a society that we fixed that? Well, for handguns, 21; tating disease, polio. is worthy there should be as little vio- that is, if you go to a dealer. I believe On June 3, Mrs. Humphrey will be lence as possible, if we can just trans- Senator ASHCROFT said you have to be 102. In advance of her birthday, during mit that to our children, this will be a 18 to buy a semiautomatic at a gun Older Americans Month, I thank Mrs. better world. show. You have to be 18 if you go to a Humphrey for helping to make our In the course of the debate, we have dealer to buy a long gun. But if you go country strong. Mrs. Humphrey, with talked about many areas in our society to a gun show or you make a private her clear vision and compassionate that need attention. There isn’t one of purchase, you can be 14 to buy a rifle concern for America’s children, per- us who could truly stand up here and or a shotgun under Federal law. You fectly illustrates the theme of Older say, well, I do everything I can; there could be 12. So I think it is time for us Americans Month, which is: ‘‘Honor is nothing wrong with me. And there is to look at what we are doing in this the Past, Imagine the Future: Toward no industry that can stand up and say country. a Society for All Ages.’’ it. We all have to look inside ourselves Eighteen to buy cigarettes, 18 to buy I yield the floor. to make sure our kids understand that beer or whiskey or wine, 18 to buy a The PRESIDING OFFICER. The violence is wrong, it is a black and semiautomatic handgun, 21 at a dealer. Chair recognizes the Senator from Min- white situation, and it isn’t the way to But you could buy these long guns. And nesota, Mr. GRAMS. resolve our problems, et cetera. So this we have juveniles going to unlicensed Mr. GRAMS. Mr. President, what debate surrounding this bill is very rel- vendors at a gun show or at a flea mar- business is before the Senate? Are we evant to the lives of our people. ket and buying a long gun in what we still in morning business? In my home State—and I have said call private sales. Now, I want to talk about what hap- f this often on the floor, but it is worth repeating to some of my friends—the pened in the Colorado massacre, be- CONCLUSION OF MORNING No. 1 cause of death among children cause one of the things people are say- BUSINESS happens to be gunshots. In other words, ing is, well, many laws were broken The PRESIDING OFFICER. Morning for children, from as soon as they are there so we don’t need any more laws. business is closed. born to age 18, that is the No. 1 cause The truth is, the young woman who f of death—that they are going to be transferred those guns to the juveniles, killed by a gun. because she said she didn’t know they Y2K ACT—MOTION TO PROCEED Somebody could say, well, that is were going to use it for adverse pur- The PRESIDING OFFICER. The Sen- just the price you pay to live in Amer- poses, broke no law. She broke no law. ate will now resume consideration of ica. That is ridiculous. That is ridicu- She was 18. She purchased, as I under- the motion to proceed to S. 96, which lous. In our Constitution we have the stand it, three weapons and gave them the clerk will report. right to pursue happiness; we have the to these kids. She broke no law. She The assistant legislative clerk read right to life, liberty, and the pursuit of was 18. She gave three long guns to the as follows: happiness—life, liberty, and the pursuit shooters, legal under Federal law. It Motion to proceed to the consideration of of happiness. So when we see gunshots should not be. You should not be able S. 96, a bill to regulate commerce between causing so much death and mutilation to sell a gun to a juvenile, and you and among the several States by providing in our society, we have to take a look should not be able to give a gun to a ju- for the orderly resolution of disputes arising at, Where have we gone wrong? What is venile unless you are the parent or the out of computer-based problems related to wrong? Can we do something? grandparent or the legal guardian. processing data that includes a 2-digit ex- We have taken a couple steps in this I could see that. I have talked to my pression of that year’s date. bill to try to fix this problem of guns, friend, PATRICK LEAHY, who told me he f but we have a long way to go. I want to gave up a hunting rifle to his daughter THE JUVENILE JUSTICE BILL show a chart here which indicates why when she was 15 or 16. That was his this is such an important issue in choice. So we have in our amendment Mrs. BOXER. Mr. President, at the America. the ability for a grandparent or a par- end of my remarks I am going to make In the 11 years of the Vietnam war, ent or a legal guardian to give such a a unanimous consent request—I see the we lost 58,168 of our precious people, gun, but not for a friend to run down to Senator from Idaho is here; I want him and this country—this country—was the store and get a gun and give it to to know that—that I be permitted to torn apart. Every one of those deaths you if you are 17 or you are 16 or you send an amendment to the desk regard- was mourned by family and by the are 15. That shouldn’t be appropriate. ing the age people have to be before greater American family. So the amendment that I want to put they can buy a weapon or gain access In the last 11 years, we have lost forward here does not say a juvenile to a weapon. But I will not do that 396,572 people to guns. can’t get a long gun from a parent, now; I will wait until the end of my re- Yes, it might be time to spend a few grandparent, or legal guardian. It marks, and then I will make that unan- more days on this bill when you find would not make it illegal for that juve- imous consent request. I wanted to yourself in this kind of situation. You nile to possess a rifle or a shotgun or make sure my colleagues knew I was cannot turn away from facts. You may even to own such a gun, if a parent or going to do that. want to turn away from facts, but you a legal guardian gave it to them, or a I think it is really important, as we cannot turn away from facts. grandparent. However, if it isn’t a par- move forward on this juvenile justice As I look around and see these num- ent or a grandparent or a legal guard- bill, to debate all the issues sur- bers and I see what is happening in the ian, it would be illegal to give a juve- rounding juvenile justice as fully and news—in the last few days we had nile a gun, any kind of gun, any kind of as completely as we can. After all, about four or five other schoolkids firearm. there isn’t a politician I know who does who, it was found, thank goodness, My children would call this a no- not say our future is our children. That were going to perpetrate a massacre brainer. It is pretty clear that we set is what our future is about. And as with guns at their schools —something age limits for all kinds of things, but healthy as our children are, that is as rings out in my mind, and that is, not to own a firearm, unless it is a healthy as our country will be. As sta- angry kids and guns do not mix. Angry handgun and now a semiautomatic ble as our children are, that is how sta- people and guns do not mix. weapon. So there is a giant loophole. ble our country will be. As productive It seems to me that since we know As I understand it, all of these guns as our children are, that is how produc- you have to be 18 years of age to buy would be able to be bought by a juve- tive our country will be. wine, to buy beer, to buy cigarettes, nile under current law. What I want to As we all attempt in various capac- you ought to have to be 18 years old be- do, Mr. President, is bring guns in line ities in our lives—as parents, and as fore you can buy a gun. with cigarettes in terms of purchase.

VerDate jul 14 2003 13:40 Jan 13, 2005 Jkt 069102 PO 00000 Frm 00025 Fmt 0686 Sfmt 0634 E:\BR99\S18MY9.000 S18MY9 May 18, 1999 CONGRESSIONAL RECORD—SENATE 9869 I now ask unanimous consent that I sume consideration of the Hatch-Fein- school is breaking the law. If it is a may offer that amendment to S. 254 at stein amendment No. 353, that there be handgun and they are under 21 years of this time. 5 minutes for debate and, upon the use age, they have broken the law. The PRESIDING OFFICER. Is there or yielding back of time, the Senate What we are saying is that on private objection? proceed to vote in relation to the property, on a ranch or a farm where Mr. CRAIG. Mr. President, reserving amendment with no intervening ac- they are out hunting varmints, or if the right to object, we are in morning tion, provided provisions of the pre- they are en route to a registered shoot, business. We are not on the bill. This vious unanimous consent remain in ef- if they have permission from their afternoon it appears we would be back fect. Would the Senator allow me to guardian, they fall outside the law— on the bill. At that time it would be offer that? guardian or parent. So what the Sen- appropriate to introduce that amend- Mr. CRAIG. I would object, but I ator from California was talking about ment. Therefore, I object. hope the Senator from California would in her proposed amendment is, in part, The PRESIDING OFFICER. There is not characterize that objection in the not unlike what is in current law in objection. improper fashion. Both the chairman of many respects. Mrs. BOXER. Mr. President, as the the Judiciary Committee and the rank- It is true what she has said about Senator knows, I asked unanimous ing member, who are managing this long guns after 18 years of age. No consent to send this amendment to the bill, are not on the floor. The Senator question about it. But it is not true of desk now. I do not want people to be from California knows that the leader- the semiauto assault weapons, if you confused. In the Senate, you can send ship at this moment, both her leader include the Ashcroft amendment that an amendment to the desk any time and my leader, are trying to craft a passed the Senate and is now incor- you want, if you ask unanimous con- unanimous consent agreement to allow porated into the juvenile justice bill. sent and no one objects. The Senator the Senator from California and others Mr. President, in the juvenile justice from Idaho is objecting. He is not al- to offer appropriate amendments. I am bill, as it relates to guns, we have lowing me to send this amendment to in no way attempting to obstruct. I say crafted a juvenile Brady provision, a the desk to get a vote on this amend- that I believe her offering is inappro- very important part of the bill. We ment, to put this amendment at the priate and out of context of the way have dramatically restricted gun shows desk, to put it in line, when all I am the Senate operates. Certainly, she and demanded, if this becomes law, saying is you should be 18 before you knows, as I do, that we work through background checks. We have now, with can buy a firearm. our leaders, and we also work through Senator KOHL and Senator HATCH, I just want to be clear, I am very dis- the managers of the bill. I do not op- crafted a trigger lock provision that I appointed that this unanimous consent pose her arguing her point before the think is an important piece of language request has been objected to. I will Senate in the appropriate fashion, but and ought to become law. stay on the floor as long as it takes to I certainly would object to the context As I have just said, we have prohib- offer this amendment, which merely under which she has offered it. ited juveniles from owning semiauto says if you have to be 18 to buy ciga- Mrs. BOXER. Would the Senator assault weapons with extended loading rettes, you ought to be 18 to buy a yield for a brief comment on my part devices. If we pass this bill, that be- weapon. here? comes law. The PRESIDING OFFICER. The Sen- Mr. CRAIG. Very brief, unless you Senator FEINSTEIN was able to pass ator’s time has expired. object to my unanimous consent to an amendment that restricts certain The Chair recognizes the Senator complete the morning? importations of extended loading de- from Idaho. Mrs. BOXER. I do not object. vices or clips. If we pass this bill, it be- Mr. CRAIG. Mr. President, how much The PRESIDING OFFICER. Is there comes law. time remains prior to adjournment for objection? Without objection, it is so But if this bill becomes simply a gun the Tuesday lunches under the unani- ordered. control measure and not an extensive mous consent? Mrs. BOXER. I want to make it clear juvenile crime provision, it will not be- The PRESIDING OFFICER. Six min- to my friend, my purpose here, as a come law. I hope the Senator from utes remain. Senator from California who views this California and others know that, that Mr. CRAIG. And the 6 minutes is in issue as one of the most important we we ought to work cooperatively to- place by unanimous consent, is it not? will ever take up, is to move the bill gether to pass a much broader law and The PRESIDING OFFICER. Yes, for along. That is why I offered to send my language to control violent juveniles discussion of S. 96. other amendment to the desk, to push and their actions than to play the poli- Mr. CRAIG. Mr. President, I ask forward these two amendments that tics of guns, because that is what we unanimous consent that I be allowed to have already been heard, so that we have heard for the last day on the proceed for 6 minutes as in morning can move things along. But I appre- floor, the last 3 days, is the politics of business prior to adjournment for ciate the Senator has a different view. guns. lunch. Mr. CRAIG. I thank the Senator from The Senator from California and I The PRESIDING OFFICER. Without California. have voted for some new gun control objection—— Mr. President, it is important that I measures. We believe those are exten- Mrs. BOXER. Reserving the right to characterize in the appropriate fashion sive measures that craft a window and object, I don’t intend to object to my an amendment that passed the Senate close the window that she and others friend. I know that my friend objected that the Senator from California voted were objecting to. But it is interesting to my laying down a new amendment. for, I believe. That was the Ashcroft that once we close a window, they rede- There were two amendments that al- amendment on semiauto assault weap- fine and create a new window and say, ready have been debated—the Kohl ons for young juveniles. She is wrong and now this and now this, and the safety lock amendment and the Hatch- that it was tied to 18. It is tied to the goalposts constantly move. Feinstein gang amendment. 21 age limit that is already current Mr. President, if the goalposts are I am wondering if the Senator would law, as it relates to handguns and other constantly moving, then there will be object if I would ask unanimous con- restricted weapons. I helped craft that no juvenile crime bill because the sent that at 2:15 we resume consider- law, along with Senator KOHL, several other side will have killed it. I think it ation of the Kohl amendment No. 352, years ago, and it became law, and we is tragic that, after two years in a bi- and that there be 5 minutes for debate, are very proud of it. partisan effort by the Senate Judiciary and that upon use or yielding back of She is absolutely right to be con- Committee to craft a much broader bill the time, the Senate proceed to vote on cerned about juveniles having guns. dealing with violent juveniles, we or in relation to the amendment, and That is why we were very restrictive. would see that prohibited by these ac- upon disposition of that, the Senate re- Any juvenile who brings a gun to tions. I hope we can get past that. I

VerDate jul 14 2003 13:40 Jan 13, 2005 Jkt 069102 PO 00000 Frm 00026 Fmt 0686 Sfmt 0634 E:\BR99\S18MY9.000 S18MY9 9870 CONGRESSIONAL RECORD—SENATE May 18, 1999 hope this afternoon we can craft a headline that says, ‘‘Killer Sent To this man to be sent to Federal prison 3 unanimous consent agreement for both Wrong Prison After 2nd Murder.’’ I years ago, he is not in a Federal prison. sides to offer some reasonable amend- want to describe this killer and I want He has been out here at Lorton in the ments and that we can see final pas- to describe what has happened in the District of Columbia for the last 3 sage of this bill. District of Columbia, because I have years. In fact, at one point he was Mrs. BOXER. Will the Senator yield spoken about this case, I suppose, five given part of a day to go home to at- to me? or six times on the floor of the Senate tend his mother’s wake. The PRESIDING OFFICER. The Sen- over the last 4 or 5 years. The story talks about the judge’s ator’s time has expired. First, let me tell you about the man anger. The judge has a right to be Mrs. BOXER. Mr. President, I ask they are talking about, the killer. His angry. All of us have a need to be unanimous consent that the Senator be name is Leo Gonzales Wright. On June angry. This is gross, utter incom- given an additional 2 minutes. 10, 1974, he committed a rape and competence. I don’t know anybody in the Mr. CRAIG. I object. mitted a burglary. On June 18, 1976, criminal justice system in the District The PRESIDING OFFICER. Objec- armed robbery; shot a store owner dur- of Columbia. I don’t know anybody tion is heard. Under the previous ing an armed robbery. February 1, 1976, there. But there is such gross incom- order—— robbery and murder of a cab driver, Jo- petence there it just staggers the Mrs. BOXER. Mr. President, the Sen- seph Woodbury. Apprehended, incarcer- imagination. ator made a huge mistake in the anal- ated, pled guilty to second degree mur- I have spoken probably five times on ysis of the Ashcroft amendment. der and armed robbery. Released on pa- the floor of the Senate about this mur- I ask unanimous consent that I may role some 17 years later. Arrested for der, only because it is so reflective of have 30 seconds to set the record cocaine in the District of Columbia. In- what is wrong in our criminal justice straight on the Ashcroft amendment. dictment in a drug case, arraigned on system. We know this guy is a mur- Mr. CRAIG. I would allow that. the drug charge, failed to report for derer. We knew it before and society The PRESIDING OFFICER. Without drug testing. Failed to report for drug put him in jail, and the parole folks let objection, it is so ordered. testing. Carjacking and armed robbery him out early so he could murder Mrs. BOXER. Mr. President, I am of Kristina Keyes. Failed to report for again. holding the Ashcroft amendment in my drug testing. Carjacking and murder of Who is accountable for that? Is some- hand. It says: Bettina Pruckmayr. body going to lose his or her job? The For purposes of this subsection, the term Who is Bettina Pruckmayr? She was last time a Federal judge sent him to ‘‘juvenile’’ means a person who is less than a young, 26-year-old human rights law- Federal prison he didn’t go. Who is ac- 18 years of age. yer. You can’t see this picture much. countable for that? Or he gets to go to So the age was not raised to 21. There She had just graduated from George- his mother’s wake, this fellow who has are some on this side who would do town, a young woman who one evening murdered twice. Who is accountable for that. My amendment talks about all was getting into her car and this Leo that? Who is going to tell the other guns. There is no age limit to go Gonzales Wright abducts here, forces Pruckmayr family: We are sorry. This to a gun show. They can be 12 and buy her to drive to an ATM machine, and is just the way bureaucracy works. a long gun, a shotgun or a rifle. gets her ATM code. She cooperates in It ought not be the way the system f every way: gives him the PIN number works anywhere. for the ATM machine, says, ‘‘I only I want to say to the Mayor of this RECESS have $20 in my account,’’ and then she city and the folks who run the criminal The PRESIDING OFFICER. Under tries to run away. justice system in this city, I am not the previous order, the hour of 12:30 He follows her and, according to the someone who bashes the city of the having arrived, the Senate now stands paper, got angry and decided to kill District of Columbia. I have never done in recess until the hour of 2:15 p.m. her, this 26-year-old lawyer. He said he that. Some do, but I do not. But I say There being no objection, the Senate, was so enraged he stabbed her 38 times, today I am on the Appropriations Com- at 12:31 p.m., recessed until 2:16 p.m.; plunging the knife into her body with mittee and you are going to pay a whereupon, the Senate reassembled such force that her sternum was price. You are going to pay a price for when called to order by the Presiding crushed and many of the wounds, in- this gross, staggering, incompetence, Officer (Mr. INHOFE). flicted with a 5.5 inch butcher knife, unless someone is held accountable for The PRESIDING OFFICER. The Sen- were more than 6 inches deep. this kind of nonsense. ator from South Carolina. This young lady, this wonderful People have the right to expect the Mr. THURMOND. Mr. President, I young attorney, was killed by someone streets are safe. People have the right ask to speak in morning business for who should not have been able to kill to expect that murderers are not walk- about 10 minutes anybody. He was on the streets, re- ing up and down the streets in this The PRESIDING OFFICER. Without leased early. He had already murdered, country. And in the District of Colum- objection, it is so ordered. was put in prison, but released early bia, at least, they knew this fellow was (The remarks of Mr. THURMOND per- and then picked up again for an offense a murderer—he had murdered before, taining to the introduction of S. 1064 and not put back in jail. Then he mur- committed armed robbery before, com- are located in today’s RECORD under dered this young woman. So the judge mitted rape before—only for them to ‘‘Statements on Introduced Bills and sentenced him, and the judge said, say somehow: We decided to put him Joint Resolutions.’’) when he sentenced him 3 years ago: It back on the streets. Then a Federal The PRESIDING OFFICER. The Sen- is my intent, sir, that you will never be judge says: I want him in Federal pris- ator from North Dakota. released into society again. You, sir, on forever. The District of Columbia Mr. DORGAN. Mr. President, I ask will die in jail. This court will do ev- cannot even get that right. unanimous consent to speak for 15 min- erything in its power to ensure that We need to understand why. I do not utes in morning business. you will never walk the streets of this mean this as a threat. I just mean it as The PRESIDING OFFICER. Without country or anyplace again. a promise. They are going to pay a objection, it is so ordered. That is what the Federal judge said price unless they demonstrate to the f to Leo Gonzales Wright, a double mur- American people and to this Congress derer, a man with a criminal record as they are holding people accountable for WHO IS ACCOUNTABLE? long as my arm, someone who should this kind of gross negligence and gross Mr. DORGAN. Mr. President, this not have been on the streets to murder incompetence. morning I opened the Washington Post Bettina Pruckmayr. I never met Bettina Pruckmayr. I newspaper to the Metro Section and This morning the story in the paper have spoken in the Senate about a saw on page 1 of the Metro Section, a says that, while Judge Sullivan ordered young 11-year-old boy, I suppose, about

VerDate jul 14 2003 13:40 Jan 13, 2005 Jkt 069102 PO 00000 Frm 00027 Fmt 0686 Sfmt 0634 E:\BR99\S18MY9.000 S18MY9 May 18, 1999 CONGRESSIONAL RECORD—SENATE 9871 a half dozen times as well. They found folks out of prison and say to them: this amendment, as will other Sen- that young boy dead. They found grass You be responsible. If you want to let ators. I want, for the record, to make it and dirt between his fingers. He was them out early, then you bear the con- clear that since we are in a debate also killed by a guy who previously had sequences. about whether or not we are ready to been convicted of murder. That young Am I upset by reading this story this proceed, I am on the floor with an boy was stabbed many times and left morning? Yes, I am. Again, I did not amendment. I am ready to go. for dead in a pond, except he was not know this young woman, but I have This particular amendment says that dead. He tried to crawl his way out. He spoken about her often, and many oth- in our past juvenile justice legislation, died at the top of the embankment ers have, I believe, watched this case most recently an amendment that was with dirt and grass between his fingers. with bewilderment, wondering who on adopted by the Senate and the House in He should never have been murdered. Earth could be in charge of a system 1993, we said to States, including my He was murdered by someone we knew that is so fundamentally incompetent, own State of Minnesota: You have a was a murderer, because he murdered a system that, in my judgment, ulti- situation where you have kids, young before. But the system said it was OK mately allowed this person to be free people, minorities incarcerated all out that he be let out of jail. on the streets to kill this young of proportion to the percentage of the The exact same thing is true with woman, a system that now can’t even population in your State. So that if this young woman, Bettina comply with a simple order by a Fed- you have, let’s say, a 7 or 8 or 10 per- Pruckmayr. She ought not have died. eral judge that this person ought to be cent minority population but, in your Her death is on someone’s conscience. I in Federal prison forever, never again juvenile justice system or correctional do not know who it is. Who makes to be released on the streets in this facilities, close to 40 or 50 percent of these decisions? Who makes the deci- country. the kids incarcerated are kids of color, sions that these killers be turned loose People of this country deserve better what we said back in 1993, based upon on our streets? and expect better. Those of us in the some very good work by some very I have come to the floor today only Congress who have some capability of good people in this field was, States, to ask the question: Who makes the de- applying some pressure to the people of please take a look at your situation. cision to say to a Federal judge you the District of Columbia to remedy Please collect the data. Please look at may want this person in a Federal pris- these problems have an obligation, it the why of this and see what kind of on out of society for life, but we have seems to me, to use that leverage to strategies and programs you can de- decided differently. We will stick him force that to happen. velop and implement to improve upon back in Lorton and when his mother Mr. President, I yield the floor. the situation. That is what this is all dies, he can go to the wake. f about. For some reason in this bill that is Who makes that decision? Who is Y2K ACT—MOTION TO PROCEED going to be held accountable for this, before us, this language has been The Senate continued with the con- because this is the same kind of stag- dropped. There are some 40 States that sideration of the motion. gering incompetence that led to this are working on this. There are some Mr. WELLSTONE. Mr. President, I States that are doing a very good job, person’s release in the first place, that am ready with an amendment. I in- led to this person not being appre- but as a Senator, I am not about to let quire as to what the situation is right the Senate turn the clock back. I am hended when he failed a drug test while now on the floor. on parole. It is the same staggering in- not about to let us, all of a sudden, say The PRESIDING OFFICER. The Sen- that we no longer are interested in competence. ate is under the motion to proceed to I am saying as one Member of the calling upon States to deal with this S. 96, the Y2K bill. problem of disproportionate minority Senate that when we take a look at our Mr. WELLSTONE. Mr. President, I obligations and I as an appropriator confinement. I do not think we should actually will not ask unanimous condo so. We cannot pass quotas. We never take a look at our obligations to the sent because there is nobody here on should. We cannot tell States how District of Columbia, I will insist that the majority party side. I want to go many kids should be incarcerated, for the mayor and others in this system forward with an amendment on the ju- what crimes and all the rest. demonstrate to us that they have held venile justice bill, but I guess I will What we can say is when you have people accountable for this kind of be- wait until Senator HATCH comes to the disproportionate minority confine- havior. floor. ment, when you have a situation where Too many innocent people die. I have I will, therefore, speak a little about all too many times kids of color are had a piece of legislation in the Sen- an amendment I will offer. That way, it given much stiffer sentences for having ate—I have never been able to get it certainly will not be tricky or sneaky committed the same offenses as white passed and I will never quit trying— on my part. kids, we want to know what is going that says if a unit of government, a f on. city, a State, decides they want to let What this legislation does—and it JUVENILE DELINQUENCY killers out early, time off for good be- purports to be juvenile justice legisla- PREVENTION EFFORTS havior; we want to manage you in pris- tion—is take the justice out. It takes on, so we will give you an inducement: Mr. WELLSTONE. Mr. President, I the justice out. The justice would be to If you behave in prison we will give you am going to offer an amendment with make sure there is no discrimination. time off. If you commit violent crimes Senator KENNEDY. We will be joined by The justice would be to make sure and murder, we will let you out early if other Senators as well. The operative there is fairness. The justice would be you are good behind bars so you can language of this amendment, to give it to make sure there is justice. walk the streets early and commit an- some context, calls upon the States to The reason I mention this is that not other crime. ‘‘address juvenile delinquency preven- only do the kids of color all too often What I have said is those units of tion efforts and system improvement find themselves way out of proportion government that decide to let people efforts designed to reduce, without es- to their numbers in the State to be in- convicted of violent crimes out early, tablishing or requiring numerical carcerated but also to wind up in adult if those people commit a violent crime standards or quotas’’—we make that facilities. Moreover, these corrections during a period when they would have explicit; nobody is talking about any facilities, if you want to call them cor- still been serving their sentence in quotas—‘‘the disproportionate number rections facilities, all too often become prison, should be held responsible to of juvenile members of racial minority the gateway to kids then being impris- the victims and the victims’ families. groups who come into contact with the oned in adult life. Yes, that means lawsuits, recompense. juvenile justice system.’’ It is astounding, but in 1999, going There ought to be responsibility. With some charts and with some into a new century, one-third of all Af- Let’s find those who are letting these numbers, I will be able to talk about rican American men, I think ages 20 to

VerDate jul 14 2003 13:40 Jan 13, 2005 Jkt 069102 PO 00000 Frm 00028 Fmt 0686 Sfmt 0634 E:\BR99\S18MY9.000 S18MY9 9872 CONGRESSIONAL RECORD—SENATE May 18, 1999 26, are either in prison or on parole or that when we go to amendments on the Mrs. MURRAY. Mr. President, I ask they are waiting to be sentenced. juvenile justice bill, that this be the unanimous consent to speak as in I did not make an argument here on first amendment up? morning business for 10 minutes. the floor of the Senate that we should Mr. HATCH. If the Senator would The PRESIDING OFFICER. Without not hold all citizens, regardless of color withhold, right now we are trying to objection, it is so ordered. of skin, accountable for crimes com- work out a unanimous consent agree- Mrs. MURRAY. Thank you, Mr. mitted. That is not my argument. But ment. We are trying to work out some President. my argument is, when we have some other matters, but I am certainly going f concern about possible discrimination, to try to work with the Senator on BOMBING OF THE CHINESE then let’s at least be willing to study this. It is an important amendment, EMBASSY the problem. and we have to face it. So, if the Sen- I see my colleague coming in. I want ator will just work with me, I will try Mrs. MURRAY. Mr. President, the to, when the Senator from Utah gets to get this so that it works. Senate is focused on many important issues this week, including youth vio- settled in, try to explain the situation. f I will give my colleague time to catch lence, the important Y2K issue, emer- his breath. KOSOVO gency appropriations for our Nation’s farmers, victims of Hurricane Mitch, I say to Senator HATCH, I did not Mr. WELLSTONE. Mr. President, want to ask unanimous consent to while we are waiting, let me just re- and funding NATO’s efforts in the Bal- offer an amendment because I did not peat a little bit of what I said yester- kans. These are all very timely and im- see anybody on the other side. I was day. I have been speaking with some portant debates, and I look forward to joining my colleagues in discussing saying to the Chair that I am ready to other Senators about this as well. these important issues. go forward with an amendment, this While I understand that we have a very For a moment, though, I would really crowded schedule, I do believe that the one dealing with disproportionate mi- like to focus the Senate on the recent Senate should take some time this nority confinement, because I know accidental bombing of the Chinese em- week to discuss or to debate our mili- you want to move the bill forward. bassy in Belgrade and on the U.S.- tary action in Kosovo. I have been in contact with Senator China relationship. KENNEDY, and if you are ready, I am I have spoken now for the last sev- The bombing of the Chinese embassy certainly ready to debate it, and we eral weeks about this. I will not repeat in Belgrade cannot be trivialized. As will try to do it within a reasonable all that I have said. Next time I come President Clinton has repeatedly ex- time limit. to the floor with specific proposals and pressed, the U.S. and NATO accepts Mr. HATCH. If the Senator will yield, ideas, I hope to be able to do that with full responsibility for this terrible mis- I believe the majority leader is going other Senators. And I see my colleague take. We all extend our apologies to to propound a unanimous consent re- from Washington is on the floor, so I the Chinese people and the families of quest. I am hopeful the minority will am going to yield in about 30 seconds, those who were killed and injured. agree to this request so we can move if I can. But quite apart from what spe- I am prepared to accept that this un- this forward. If I could suggest the ab- cific proposals I want to make as a fortunate accident caused a lot of sence of a quorum so we can get this Senator about where we are and where anger among the Chinese Government done, and as soon as that is granted, if I believe we must go as a nation, I and the Chinese people. That is to be that is granted, then we will move on want to make a larger point right now, expected. Certainly our country would to his unanimous consent and then try which is I believe the Senate ought to be outraged and saddened if our em- to work out the time for the Senator. be debating this question. I believe we bassy had been bombed under such cir- Mr. WELLSTONE. Let me say to my should have full discussion and full de- cumstances. colleague that I think I will continue bate. But our regret and apologies to the to, rather than go into a quorum call, One thing I am certain of—and I Chinese people do not diminish the fact speak about the subject matter. mentioned this yesterday—when we that we cannot accept the deliberate Mr. HATCH. Sure. voted on authorizing airstrikes, I asked harassment of U.S. citizens and de- Mr. WELLSTONE. That might help. I my colleague, Senator BIDEN, what is struction of U.S. property in China. want to make it crystal clear that I am the purpose? I read yesterday from the The reports from China—the television ready to go forward with this amend- RECORD; and in the RECORD it was stat- images of our embassy targeted by or- ment. I am not asking unanimous con- ed hopefully to be able to stop the chestrated mobs—troubled me a great sent that I be able to send this amend- slaughter, hopefully to be able to get deal. ment to the desk because I guess until Milosevic to the bargaining table, and Americans are dismayed at the grow- we have this agreement, then it most to degrade the military force. ing animosity of the Chinese people to- likely would be rejected. But I am I think in light of the last 8 weeks wards the United States. For the U.S.- ready for debate on this amendment. and what has happened, in many ways China relationship to succeed, both Let me just say that when we get the objectives have changed. The objec- countries must take strides to ensure into the thick of this debate, I want to tives have changed. The bombing is that the presentation of the relation- just bring to the attention of Senators, more than just degrading the military ship is balanced and fair. Clearly, this Democrats and Republicans alike, the force. It has a different set of goals. did not happen in the days before or strong support, the strong passionate I am not even right now going to after the tragic embassy bombing. support for this amendment on the argue about the pluses and the minuses I am heartened that things do seem part of the civil rights community in of all that. I think it is irresponsible to have calmed down throughout this country, broadly defined, on the for the Senate not to take up this ques- China. It is encouraging that President part of children’s organizations, broad- tion and not to have positive—not Clinton and President Jiang have spo- ly defined, and on the part of lawyers hateful, not demagogic—really ken and resumed high-level discussions and people who have been down in the thoughtful, substantive discussion and over the bombing and other important trenches working with kids for years. debate. U.S.-China issues. This is an extremely important I know we have other business right Some of my colleagues have men- amendment that speaks to a funda- now, but I am going to come back very tioned the phenomenal work of our mental flaw in this legislation. So, for soon and try to push this question Ambassador in China, Jim Sasser, who the record, I am ready to offer this much harder. is our former Senate colleague and a amendment. I will wait for the major- I yield the floor. close friend. He has served our country ity leader to come out. Mrs. MURRAY addressed the Chair. with great honor. I commend him and I ask my colleague from Utah, who is The PRESIDING OFFICER. The Sen- all of our embassy and consulate offi- leaving, could I ask unanimous consent ator from Washington. cers who are serving in China.

VerDate jul 14 2003 13:40 Jan 13, 2005 Jkt 069102 PO 00000 Frm 00029 Fmt 0686 Sfmt 0634 E:\BR99\S18MY9.000 S18MY9 May 18, 1999 CONGRESSIONAL RECORD—SENATE 9873 Ambassador Sasser has given us mistake, not a propaganda tool to be derscoring the accidental nature of the great insight as he addressed the tragic deployed at the bargaining table. Embassy bombing. bombing of the Chinese Embassy and Consistent with admitting the mis- Much progress has been made on the the demonstrations and violence that take and accepting responsibility, the U.S.-China relationship in recent followed in Beijing and other Chinese United States and NATO should be pre- years. The Zhu Rongi visit was impor- cities. pared to enter into talks with China tant. This followed two Presidential Let me share a few of Ambassador about appropriate compensation for in- Summits in Washington and Beijing. It Sasser’s comments with my colleagues dividual and government losses. This is is my hope that the recent tragic as I do believe they serve as a reminder not unprecedented. In the late 1980’s, events do not derail the progress made that the U.S.-China relationship is, in Iraq paid compensation to the families toward building a strong and com- my opinion, one of our most difficult of U.S. sailors killed in the accidental prehensive U.S.-China relationship, and most important relationships. bombing of the U.S.S. Stark during the based on trust and mutual under- Ambassador Sasser said, Iran-Iraq war. Following the downing standing. The relationship can only When all the emotion has drained out of of an Iranian passenger plane, the exist if both governments and both this terrible tragedy, then wiser heads in United States offered to compensate peoples can deal with each other hon- both China and the United States are going the victims families. And the U.S. is estly and forthrightly. Now is the time to realize it’s in both countries’ interest to now in the midst of paying compensa- to address the issues standing in the try and resume constructive ties. . . . When tion for property damage and to the we are all through grieving over this very way of accomplishing this. Now is the tragic event that occurred, the United States victims’ families for last year’s cable time to move forward. will still be the economic superpower in the car accident in Italy. Mr. President, I yield the floor, and I world and China will still be the most popu- The U.S. and China both stand to suggest the absence of a quorum. lous nation in the world and an emerging gain by closer relations. China has be- The PRESIDING OFFICER. The power in this region. come one of our largest trading part- clerk will call the roll. Once again, our former colleague has ners, creating high-wage jobs for thou- The assistant legislative clerk pro- offered wise counsel to the Senate that sands of American families and open- ceeded to call the roll. will be very important to future China ing markets for American businesses Mr. INHOFE. Mr. President, I ask debates. that depend on overseas trade. While unanimous consent that the order for The unfortunate Embassy bombing trade is the foundation of the U.S.- the quorum call be rescinded. should not be used by those in China as China relationship, my home state of The PRESIDING OFFICER (Mr. a justification for severing or post- Washington’s relationship with China CRAPO). Without objection, it is so or- poning ties with the U.S. Nor should clearly illustrates the promise of dered. China think that this incident will broader ties between Americans and f lessen America’s resolve as we address the Chinese people. Washington’s many the issues of human rights, weapons cultural, educational and commercial Y2K proliferation, or the issues related to ties are fostering dramatic change in Mr. BYRD. Mr. President, I regret espionage targeted at U.S. nuclear fa- China; change led by and on behalf of that, earlier today, I was compelled to cilities. the Chinese people. vote against the Majority Leader’s clo- One of my hometown papers offered With the recent visit to the United ture motion with respect to S. 96, the the following in an editorial last week, States by Chinese Premier Zhu Rongi Y2K litigation reform bill. I did so, the editorial reads, ‘‘China is furious and the ongoing negotiations between however, for the simple reason that I and rightly so. The test, however, is our two governments, the U.S. and believe it is vitally important that the whether China plays the incident like China are poised to reach a truly his- Senate first complete its business on the country it wants to be, a world toric agreement, paving the way for the juvenile justice bill before moving leader that sees events and relation- China’s entry into the World Trade Or- on to other business. We are on the ships in a larger context.’’ I completely ganization this year. I support China’s verge of finishing our work on this agree and I believe that many in Con- entry into the WTO on commercially much-needed legislation, and it would gress will judge China’s ability to play viable terms and I encourage the have been, in my opinion, a grotesque a larger role on the international scene United States Trade Representative waste of time and effort to simply by her handling of this temporary cri- and her Chinese counterparts to re- throw that away in some artificial rush sis in the relationship with the U.S. sume negotiations at the earliest op- to proceed to the Y2K bill. Despite my The United States, and particularly portunity. vote, I look forward to having the op- the Congress, must also demonstrate Because of the importance of the portunity to turn our attention to the our commitment to responsible global U.S.-China relationship, I believe a Y2K litigation problem as soon as we leadership. We should be cautious as high-level U.S. delegation to China, have finished our work on the issue of last week’s unfortunate events enter headed by Secretary of Defense Wil- youth crime and violence. the contentious political debates over liam Cohen, is warranted as soon as Mr. LEAHY addressed the Chair. U.S.-China relations. I continue to be- possible. I realize the difficulties of The PRESIDING OFFICER. The Sen- lieve a mature and stable relationship sending the Secretary of Defense half ator from Vermont is recognized. with China is in our national interest. way around the world while the U.S. is f It is not a goal we should be prepared prosecuting military action in the Bal- to abandon. A mature and stable rela- kans. But the U.S.-China relationship WILLIAM SAFIRE’S ARTICLE ON tionship is certainly in the best inter- is so important, and we have been CHINA est of the American and Chinese peo- struggling with so many difficult Mr. LEAHY. Mr. President, yester- ple. Though progress toward this goal issues within the context of that rela- day, in the New York Times, William has been hampered by the events of tionship, that I believe the maximum Safire had an essay called ‘‘Cut the this last week, it is still a goal we effort must be made to provide the Chi- Apologies.’’ I am shortly going to ask should strive for. We must continue nese leadership with a full and com- unanimous consent that it be printed our dialogue with China. plete understanding of the accidental in the RECORD. It perhaps says some China should expect continued U.S. bombing of their embassy. I know that things beyond what I might, but I am interest and in fact, vigilance, on the Secretary Cohen is well respected by concerned. I have watched what has variety of issues important to the U.S. the Chinese, and a trip by the Sec- happened and the reactions of China to government and the American people. retary to China would have the dual the accidental bombing of their Em- There will not be widespread conces- purpose of stressing to the Chinese the bassy in Belgrade. I hold no brief for sions granted by the United States. great importance we place on having a the totally negligent—I might even say The Embassy bombing was a tragic mature and stable relationship and un- stupid—mistake made in the bombing

VerDate jul 14 2003 13:40 Jan 13, 2005 Jkt 069102 PO 00000 Frm 00030 Fmt 0686 Sfmt 0634 E:\BR99\S18MY9.001 S18MY9 9874 CONGRESSIONAL RECORD—SENATE May 18, 1999 of that Embassy. It is as inexcusable By making Clinton beg forgiveness, they The PRESIDING OFFICER. Without and unexplainable as the maps that are able to cancel human rights talks while objection, it is so ordered. extracting new trade concessions. The deal: brought about the death of the people f in the cable car in northern Italy. they will accept Clinton’s apologies when he caves in on their application to the World VIOLENT AND REPEAT JUVENILE Having said that, however, for the Trade Organizations. Chinese, who will not allow any kind of OFFENDER ACCOUNTABILITY No wonder that no reputable diplomat AND REHABILITATION ACT OF demonstrations—and haven’t since would accept the President’s pleas to replace Tiananmen Square—criticizing their our fed-up ambassador in Beijing. Clinton is 1999 own government, to whip people into a now trying to appoint an admiral whose ami- Mr. HATCH. Mr. President, I ask frenzy and let them go and destroy able association with the Chinese military unanimous consent that the Senate much of our Embassy and the British and U.S. arms contractors will be closely ex- now resume S. 254, and that the first amined by the Senate. Embassy in Beijing, and to say how Though Clinton is softer than ever on five amendments previously debated to shocked they are that this is going on, China, he’s taken a hard line in resisting the pending juvenile justice bill now be and that we have done that, demanding Congress’s investigations into Beijing’s pen- the pending question in the order in all kinds of apologies, frankly, is irre- etration of our nuclear labs and our political which they were offered, with up to 5 sponsible and unimaginable. I can’t ac- process. His latest trick: the improper use of minutes for each side for additional de- cept it. I don’t know how many people documents submitted for intelligence declas- bate prior to a vote on or in relation to would. sification to prepare advance refutations of those amendments. If the Chinese think that by doing evidence of security lapses. I further ask that following the dis- this somehow we are now going to The White House has delayed for four months the three-volume report on security position of debate on each amendment, jump in and let them join the WTO and laxity by the House select committee headed the amendment be laid aside, and at everything else, that is a sad mistake. by Representative Chris Cox. Clinton spin- the hour of 3:50 p.m. today the Senate Their conduct is incomprehensible. We ners are already distributing a packet of re- proceed to vote on or in relation to the have apologized for bombing the Em- prints of derogations by offended scientists, amendments in the order in which they bassy, which we would expect some- China-defenders and favorite journalists. were offered, with 2 minutes prior to body to do with a similar mistake dam- Cox has used the ‘‘clearance’’ delay to re- each vote for explanation. aging ours. This is a war going on, and write the turgid prose and to enliven the re- Mr. LEAHY. Reserving the right to things happen, as General Schwarzkopf port with photographs and diagrams showing what missiles and satellites were stolen; that object—and I will not object because said, in the fog of war. might even awaken television interest. the distinguished Senator from Utah China is not the one to lecture the The Senate Intelligence Committee, head- and I have been trying to move this world on free and open demonstrations. ed by Richard Shelby and Robert Kerrey, is forward—is the Senator from Vermont China is not the one to lecture us on not about to hold still for the abuse of clear- correct in understanding that we would how we should conduct our economy. ance. After it submitted one of its reports on do 10-minute votes? The 2 minutes is in China has a great deal to explain on ev- nuclear lab laxity for review to protect intel- addition to the 5 minutes? The reason ligence sources, it learned of a refutation of erything from their attempt to steal I ask is that I think the Senator from our secrets, spying on our country, and that bipartisan report in work by the Na- tional security Council response machine. Utah will have to adjust the time of human rights violations in their own The White House was told that the submis- the first vote. country and their own repression. sion of documents was for security clearance I want to make sure I understand. Mr. President, I ask unanimous con- only. It was not to be used for (a) advance Are we talking about 5 minutes on sent that Mr. Safire’s column be print- policy review so that ‘‘rapid response’’ would each side, but then an additional 2 mined in the RECORD. occur in the same news cycle as the reports’ utes between the votes, so, in effect, 7 There being no objection, the article release, or for (b) leakage of portions to the minutes on each side? press for ‘‘inoculation’’ to later reduce its was ordered to be printed in the Mr. HATCH. The 2 minutes would be RECORD, as follows: impact as ‘‘old news.’’ The intelligence business is not the pub- after the first vote. [From the New York Times, May 17, 1999] licity business. National security reports are Mr. LEAHY. Mr. President, I ask CUT THE APOLOGIES not to be equated with the Starr report that the unanimous consent request be (By William Safire) about hanky-panky. The Shelby committee modified only to this extent: The dis- WASHINGTON.—After a week of whipping up made plain to the Berger Rapid-Apology Cen- tinguished Senator from Utah gave an hatred of Americans by accusing us of delib- ter that if this undermining of inter-branch opening time, and I think, because we erately murdering Chinese journalists in comity did not stop forthwith, ‘‘we’re going had some time slip from when this was to zero out the N.S.C. staff budget.’’ (By Belgrade, President Jiang Zemin Deigned to written, the Chair be allowed to start accept a call from The Great Apologizer. withholding some $15 million, Congress could For the fifth time, President Clinton force the spinners onto the Department of that initial vote at the time the var- apologized, expressed regrets, sent condo- Defense payroll or cause agonizing layoffs in ious 5 minutes would run out. lences, kowtowed and groveled, begging to be the White House basement). Mr. HATCH. Mr. President, Let me believed that we did not bomb China’s em- In both House and Senate, bipartisan com- modify my request to make it no later bassy on purpose. mittees are discovering serious intelligence than 4 o’clock. But it is America that is owed an apology. weaknesses: too little analysis of too much The PRESIDING OFFICER. Without After an accident of war, we have been false- collection. ‘‘If there’s a flare-up in Iraq, objection, it is so ordered. ly accused of killing Chinese with malice North Korea or the Andes,’’ worries an inves- The Senate resumed consideration of tigator, ‘‘we could not handle it and Kosovo, aforethought. That is a great insult, com- the bill. pounded by the calculated trashing of our too.’’ embassy by a bused-in mob encouraged by The most troubling breakdown is in coun- Pending: police. terespionage. The F.B.I. and C.I.A., which Lott (for Allard) amendment No. 351, to The truth is that Beijing’s leaders, worried are not blameless, are telling Congress the allow the erecting of an appropriate and con- about demonstrations on the 10th anniver- weakest link is the Department of Justice. stitutional permanent memorial on the cam- sary next month of the Tiananmen massacre, What began as corrupt political protection pus of any public school to honor students are milking this mistake for all it is worth. became dangerous national security laxity. and teachers who have been murdered at the By lying about our intent and suppressing Who will apologize for that? school and to allow students, faculty, and coverage of our prompt admission of error, Mr. LEAHY. Mr. President, I suggest administrative staff of a public school to the nervous rulers are diverting their peo- the absence of a quorum. hold an appropriate and constitutional me- ple’s anger toward us and away from them- The PRESIDING OFFICER. The morial service on their campus to honor stu- selves. clerk will call the roll. dents and teachers who have been murdered By demanding we investigate the accident, at their school. they seek to water down the current Con- The assistant legislative clerk pro- Kohl/Hatch/Chafee amendment No. 352, to gressional investigations of their nuclear ceeded to call the roll. amend chapter 44 of title 18, United States spying—a series of penetrations of our lab- Mr. HATCH. Mr. President, I ask Code, to require the provision of a secure gun oratories and political campaigns that was unanimous consent that the order for storage or safety device in connection with no accident. the quorum call be rescinded. the transfer of a handgun.

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Hatch/Feinstein amendment No. 353, au- Second, the American people over- Senators KOHL, CHAFEE, and I have thorizing funds for programs to combat gang whelmingly support it. According to a joined forces to produce a compromise violence. recent Newsweek poll, 85 percent of the on child safety locks that lays aside Byrd/Kohl amendment No. 339, to provide for injunctive relief in Federal district court American public backs legislation re- partisan rhetoric and demonstrates the to enforce State laws relating to the inter- quiring the sale of child safety locks positive steps that can result from put- state transportation of intoxicating liquor. with new handguns. ting aside such rhetoric and focusing Feinstein modified amendment No. 354, to Third, despite the pledges of some of on protecting our children. modify the laws relating to interstate ship- the largest manufacturers to sell safe- Under the Kohl-Hatch-Chafee amendment of intoxicating liquors. ty locks with every handgun, most ment, for the first time every handgun Frist amendment No. 355, to amend the In- manufacturers are still not including purchased from a manufacturer, im- dividuals with Disabilities Education Act and the Gun-Free Schools Act of 1994 to au- safety locks. In fact, the Los Angeles porter, or licensed dealer will have to thorize schools to apply appropriate dis- Times reported, ‘‘only a handful of the be sold with a storage or child safety cipline measures in cases where students arms makers who eventually signed on lock device. have firearms. are complying, according to industry This amendment will not change the Wellstone amendment No. 356, to improve insiders.’’ fundamental principle that govern- the juvenile delinquency prevention chal- Fourth, and most importantly, child mental action cannot be used to micro- lenge grant program. safety locks will help save lives. Each manage specific methods of parental Sessions/Inhofe amendment No. 357, relating to the placement of a disclaimer on ma- year, nearly 500 children and teenagers responsibility. We do not expect par- terials produced, procured or disseminated are killed in gun-related accidents, ents to let their small children drive a as a result of funds made available under thousands are injured, and approxi- car or play with matches, and we do this Act. mately 1,500 children and teenagers not expect them to permit their chil- Wellstone amendment No. 358, to provide commit suicide with guns. Perhaps as dren to have unsupervised access to for additional mental health and student disturbing, nearly 7,000 violent crimes firearms. This amendment will provide service providers. Sessions (for Ashcroft) amendment No. 348, each year are committed by juveniles parents with a tool to help prevent to encourage States to prosecute violent ju- using guns they found in their own such access. veniles as adults for certain offenses involv- homes. Last year the Senate overwhelmingly ing firearms. Just last weekend, a 7-year-old Mil- agreed to an amendment that funded Wellstone amendment No. 359, to limit the waukee boy named Brian Welch killed gun safety education by State and effects of domestic violence on the lives of himself accidentally with a gun he local entities. It also required gun children. found in his father’s drawer. What do dealers to stock safety devices. These Hatch (for Santorum) amendment No. 360, to encourage States to incarcerate individ- we say to Brian’s family, if we cannot efforts encouraged people to lock up uals convicted of murder, rape, or child mo- takes steps as reasonable as this one? their guns and to act safely and respon- lestation. You know, Mr. President, in the past sibly. This amendment is another step Ashcroft amendment No. 361, to provide for few weeks there’s been a lot of discus- in enhancing this successful effort. school safety and violence prevention and sion about Republicans and ‘‘gun con- I should add that no child safety lock teacher liability protection measures. trol.’’ Hardly a talk show goes by with- or gun safe will ever make our society Mr. HATCH. The five amendments out a pundit opining on whether it’s a safe from gun violence if criminals who that are going to come up in this order, true epiphany or a ‘‘poll-driven ploy.’’ use firearms are not aggressively pros- and I hope people will not use their 5 Well, cynics can believe whatever they ecuted and punished. No safety device minutes, are: the Allard amendment on want. But my sense is that, in the will stop a felon, but jail will. So once school memorials; the Kohl-Hatch wake of Littleton, both sides have again I call upon the Attorney General amendment on safety trigger locks; the grown up a bit: Democrats in acknowl- to start prosecuting criminals who use Hatch-Feinstein amendment on gangs; edging that culture has something to guns. Only then will we truly be able to the Byrd amendment on interstate do with juvenile violence today; and create a safer environment for our chil- transportation of intoxicating liquor; Republicans in endorsing reasonable dren. and the Feinstein amendment to mod- measures to take handguns out of the This amendment gives law-abiding ify the laws pertaining to interstate hands of kids who shouldn’t have them. gun owners the peace of mind of know- shipment of liquor. So I applaud all of those on both ing their children are protected. Fur- Mr. President, why don’t we begin sides of the aisle who have ‘‘converted’’ ther, it will give law-abiding gun own- with the Kohl-Hatch amendment and on safety locks. I appreciate those who ers qualified immunity from civil suit we will use our 5 minutes. have been with us from the beginning, if they use the child safety device or AMENDMENT NO. 352 including our cosponsor Senator child safety lock. Mr. KOHL. Mr. President, our amend- CHAFEE, who has been so resolute in This amendment is a good idea for ment is a reasonable, bipartisan meas- support of reasonable gun control gun owners and a good idea for chil- ure that will help protect children from measures. And I credit Chairman dren. I am pleased we have bipartisan the countless accidental deaths, sui- HATCH, Senator LEAHY, and Senator support in the Senate for this amend- cides and violent crimes that result CRAIG for their work in making this a ment. I hope it will be agreed to. from improperly stored handguns. Sim- better amendment. And one that we all Mr. CHAFEE. Mr. President, I am ply put, it would require that every believe will shortly become law. pleased to join with Senator KOHL in handgun be sold with a child safety de- The PRESIDING OFFICER. The Sen- support of the commonsense child safe- vice, but leaves the decision about ator from Utah. ty lock amendment. The amendment whether to use a safety device to indi- Mr. HATCH. Mr. President, this child we had offered last Friday addresses a vidual gun owners. Here’s why we be- safety device amendment will, first, shameful—and uniquely American— lieve you should support it. provide qualified immunity to law- tragedy: that of children finding hand- First, we’ve added a section that ex- abiding gun owners who use a trigger guns, and accidentally causing great tends limited liability protection to lock or gun storage device, and two, it harm to themselves or others. gun owners who lock up their handguns will require the sale of a child safety Most of these terrible shootings properly. This liability protection is device lock or gun storage device with occur in the home, when a curious very narrow—it does not extend any the sale of every handgun sold by a li- youngster finds a parent’s loaded hand- immunity to manufacturers, and it censee. gun in the closet, under the couch does not apply if the gun owner acted In the past week it has been clear cushions, or in a bedside table drawer. negligently. We believe that this provi- that some on the other side of the aisle The child then shoots a sibling, a sion actually improves the bill by cre- believe that playing politics is more friend, or him- or herself. And all too ating incentives to use child safety important than taking action. Some— often the result is death, or permanent locks. but not all. So I am pleased to say that injury.

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One of the most tragic examples of ator KOHL, regarding his Safe Handgun Mr. CHAFEE. Does this bill create children accidentally shooting other Storage and Child Handgun Safety civil liability immunity only for gun children occurred last year in Greens- Amendment (#352) to S. 254, the juve- owners who use a safety device? boro, North Carolina. A 4-year-old who nile crime bill. Mr. KOHL. That is correct. was attending the sixth birthday party The amendment makes it unlawful Mr. CHAFEE. Does that immunity of a friend, found a loaded gun in a for any licensed manufacturer, im- apply if the gun owner is negligent— purse in the house where the party was porter or dealer to sell, deliver or even if he doesn’t actually give anyone taking place. The 4-your-old shot and transfer any handgun to any person permission to use the gun, but for ex- killed the 6-year-old. (other than under certain exceptions) ample leaves the key to the lock sit- The National Center for Health Sta- unless the transferee is provided with a ting next to the gun? tistics tells us that every day in Amer- secure gun storage or safety device. I Mr. KOHL. No. ica 13 children are shot and killed, and am interested in clarifying the intent Mr. CHAFEE. And is it correct that every day at least one of those deaths of the amendment with regard to gun this section does not change in any is accidental. Every year in America, safety devices. way existing product liability law? approximately 1,500 children and teens Senator KOHL, as you know, a com- Mr. KOHL. That is correct. commit suicide with guns. The Bureau pany in my home state of Arizona has Mr. CHAFEE. And, finally, is it cor- of Alcohol, Tobacco and Firearms esti- developed a handgun safety device rect that any pending suits against gun mates that about 7,000 violent crimes called Saf-T-Hammer. It is a removable owners would be allowed to continue? hammer which can be incorporated Mr. KOHL. That is correct. are committed by juveniles each year Mr. CHAFEE. I thank the Senator with guns they found in their own into new guns or retrofit most handguns now in circulation. When the top once again. On another matter, I want homes. Today, in few other countries to make equally clear for the record are children so affected by gun vio- of the hammer is removed, the gun cannot be fired. Parents can take off exactly what a ‘‘secure gun storage or lence, accidental or otherwise: CDC safety device’’ is and is not. Specifi- tells us that the rate of death among the hammerhead and carry it with them when they leave home, secure in cally, would the Senator from Wis- children under age 15 from guns in this consin agree with me that the defini- country is 12 times that of the other 26 the knowledge that no unauthorized user—including children—will be able tion of such devices in our amendment major industrialized nations combined. is intended solely to include personal- A 1995 study by the Journal of the to fire the gun. ized guns, lockable devices which ei- American Medical Association found Because Saf-T-Hammer is a removable safety device, is it your intent, ther are affixed to a firearm directly, that there is a gun in approximately Senator KOHL, that Saf-T-Hammer or to secure locked containers or safes. half of all U.S. households. Another would still qualify as a gun safety de- Mr. KOHL. I would agree. 1995 study by the SAFE KIDS Cam- vice for purposes of your amendment? Mr. CHAFEE. Finally, would you fur- paign found that 59 percent of parents Mr. KOHL. Mr. President, I thank the ther concur with me that our defini- with guns admitted that they don’t Senator from Arizona for his question. tion of a ‘‘secure gun storage or safety lock-up their guns. I am indeed familiar with Saf-T-Ham- device’’ is not intended to include a The statistics about children who are mer and share the Senator’s enthu- permanent feature of a home or motor harmed accidentally by handguns are siasm for the promise of handgun safe- vehicle, such as a closet or glove box, appalling. They are a national shame. ty that this device offers. I commend even though such environments also And to grieving parents, siblings, and the intent of the developers of the de- may be locked? friends, they are not just statistics. vice to safeguard the lives of innocent Mr. KOHL. I would agree. For them, the loss or serious injury of children and others who might other- The PRESIDING OFFICER. The time a child is absolutely devastating. Yet wise be killed or injured by handguns. on the amendment has expired. these accidents are wholly preventable. I can assure the Senator from Ari- Mr. LEAHY. Mr. President, I ask That is why we are taking action zona that it is indeed the intention of unanimous consent for 1 additional today. The child safety lock amend- the amendment that devices such as minute. ment, No. 352, that we are proposing Saf-T-Hammer, an easily removable The PRESIDING OFFICER. Without would require that all future sales of hammer, are included within the pur- objection, it is so ordered. handguns be accompanied by a locking view of the amendment. I also believe Mr. LEAHY. Mr. President, I know device—a mechanism that prevents the that on its face the definition of a safe- the distinguished Senator from Wis- guns from being discharged without a ty device in 18 U.S.C. 921(34) would in- consin and distinguished Senator from key or combination lock. clude a device such as Saf-T-Hammer. Utah have worked in good faith on this Earlier in the debate on S. 254, the Accordingly, when a handgun is manu- amendment. My one concern is that Senate voted overwhelmingly to ap- factured or retrofitted with Saf-T- the immunity provision does not define prove an amendment offered by Sen- Hammer, it would be, under the terms the term ‘‘person,’’ so it could include ators HATCH and LEAHY that requires of the amendment, exempt from the not only individual gun owners but internet services providers to give par- amendment’s prohibitions on transfer. also dealers, manufacturers, possibly ents a tool to filter violent material Handguns so equipped with a Saf-T- even governments. I mention that not their children could be exposed to on Hammer may be freely transferred to in any way deter this from being the internet. It was an amendment to under the amendment. agreed to, but I say to the distin- provide parents with a tool to help I hope this answers your question and guished Senator from Utah and the dis- keep their children safe. The amend- clarifies the legislative intent of the tinguished Senator from Wisconsin, we ment Senator KOHL and I are offering amendment. will all be on the conference if this bill with Senator HATCH is identical in its Mr. KYL. I thank the distinguished passes. That provision I suggest we purpose. It is meant to provide parents Senator from Wisconsin for his time may want to define more narrowly in a with a tool—the trigger lock for a and clarification of the amendment re- conference. handgun—to keep their children safe. garding this important issue. The PRESIDING OFFICER. The time I appreciate the support of the Judi- Mr. CHAFEE. I just want to be clear on the amendment has expired. ciary Committee chairman and urge about the civil liability provisions. The Senate will move to the next my colleagues to show the same level Does this bill create civil liability im- amendment. of support for this amendment as they munity for gun manufacturers, dealers The Senator from Colorado. showed for the internet filtering of guns accessed in the home, or manu- AMENDMENT NO. 351 amendment last week. facturers or distributors of safety de- Mr. ALLARD. Mr. President, I under- Mr. KYL. Mr. President, I rise for the vices? stand I have 5 minutes. purpose of entering into a colloquy Mr. KOHL. No. It creates civil liabil- The PRESIDING OFFICER. The Sen- with the Senator from Wisconsin, Sen- ity immunity only for gun owners. ator is correct.

VerDate jul 14 2003 13:40 Jan 13, 2005 Jkt 069102 PO 00000 Frm 00033 Fmt 0686 Sfmt 0634 E:\BR99\S18MY9.001 S18MY9 May 18, 1999 CONGRESSIONAL RECORD—SENATE 9877 Mr. ALLARD. I will be talking about Mr. ALLARD. I misunderstood. make the opposite claim—that the es- amendment No. 351, which is the Allard Mr. HATCH. Will the Senator yield tablishment clause has been violated— amendment. for a comment? will be disadvantaged. Mr. HATCH. Will the Senator yield? Mr. ALLARD. I will be glad to yield The first amendment’s religion Mr. ALLARD. I yield to the Senator. to the chairman. clauses are meant to ensure that the Mr. HATCH. The Senator will have Mr. HATCH. Mr. President, I com- Government is neutral in matters of 21⁄2 minutes and the other side will mend Senator ALLARD for offering this religion. It says you can practice any have 21⁄2 minutes. amendment that conveys the Senate’s religion you want or none if you want, Mr. ALLARD. I stand corrected. I heartfelt sympathy to the families and but the Government will remain neu- thank the Senator from Utah. friends of all school shootings. tral, thus providing the diversity in Basically, there are two parts to this His amendment allows the families this Nation of so many religions, a di- amendment. There is a part which we and friends of all victims of shootings versity which has greatly promoted our refer to as the ‘‘findings’’ part, and an- to grieve and honor the victims at a democracy. other part which deals with the actual memorial service held on school This legislation, by offering the At- statutory change. grounds. This amendment tells these torney General’s assistance to those The first part, in findings, just says families and friends that the Senate be- who take one viewpoint, while depriv- the local school district, working with lieves they have a right to congregate ing those who take the opposite view- the school board and the administra- at a memorial service on school point of normal civil rights law rem- tion and the parents and the students grounds to mourn the deaths of stu- edies, violates this most basic principle in a school, if they decide to hold a me- dents and faculty. of neutrality. morial service or to erect a memorial, Further, this amendment states that The congressional finding paints with if they reach a local consensus, there is the Senate believes it is constitutional far too broad a brush. It could encom- a finding by the Senate and by the Con- for these memorial services to include pass a variety of activities that violate gress that it is OK for them to go ahead spiritual aspects, including the reading the first amendment. and do that. It is just a finding. It is of prayers and scripture and the per- While I joined in my own State in not a change in law. formance of religious music. gatherings to express condolences to There is a second part that does deal This amendment also states that the those of the tragedy, I have been in me- with statutory changes where there is Senate believes that an appropriate morial services, I have been in church- a change in law, and that says if there and constitutional permanent memo- es and in synagogues where we have happens to be a lawsuit based on the rial can be erected on school grounds, a prayed for those who have been the vic- first amendment or one of the other part of which can include religious tims of tragedies. We have done it amendments, then on the first amend- symbols, motifs, or sayings. knowing that was an appropriate place ment it says the school district would This amendment will, hopefully, ease to do it. I have gathered with families pay for its own legal expenses and then some of the pain associated with pre- in public gatherings where we have ex- the litigants would then pay for their paring memorial services for loved pressed, within the context we do in a own; whoever is suing would pay for ones killed in any act of school vio- public setting, our feelings, and that is their own legal expenses. lence. I thank the Senator from Colo- appropriate. The second part of it says the U.S. rado for offering this amendment and As I said, I do not know how the peo- Attorney General may defend the commend him for it. ple, not only Columbine but so many school district in the lawsuit. It is a Mr. ALLARD. Mr. President, I thank communities which have been visited very straightforward amendment. the chairman. I yield the floor. with tragedy, can even get through the The parents of Cassie Bernall re- The PRESIDING OFFICER. The Sen- tragedy. I do not know how a parent in cently contacted me about the dif- ator from Vermont. these tragedies again, without fear, can ficulty they have encountered in estab- Mr. LEAHY. Mr. President, I cannot ever send their child off to school. lishing a memorial for their daughter. think of anything that a parent, a com- Let us not, in our unified intent This is in relation to the Columbine munity, or a family would want to do within this body to show our sym- High School tragedy. To quote Cassie’s more than to join in their expressions pathy, in any way diminish the protec- father: of grief if a disaster struck. tions of our first amendment. It is too Our Cassie was the young woman who bold- In my family, a disaster like Col- important to all of us. ly answered to a gunman ‘‘yes’’ when he umbine—in fact, it is almost impos- I have great respect for the sponsor asked if she believed in God, prompting him sible to say how one would even get of this amendment. I have great re- to pull the trigger. Cassie’s response did not through it. I suspect we would gather spect for his honesty and his feelings of surprise us.... It was from her strong faith as a family; we would gather with our sympathy. I have joined with other in [Jesus Christ] and His promise of eternal community; we would go to our Senators on the floor of the Senate in life that she was empowered to make her church. Expressions are made in expressing my sympathy. I worry this stand. is overly broadly against the first My wife . . . and I both believe any Col- schools, of course. umbine incident memorial should memori- I do not question the concerns of the amendment, and because of that, I alize each individual in a personal way. Ev- distinguished author of this amend- have to oppose it. I am perfectly will- eryone knows . . . that Cassie was a very ment, which are heartfelt. I know him ing to yield back time. strong Christian. To leave this facet of her as a good and honest man. I worry, Mr. LEVIN. Mr. President, I have persona out would be to mis-memorialize her though, that we set a precedent involv- great sympathy for the motives and ob- and others. ing our first amendment. jectives of the Senator from Colorado Mr. and Mrs. Bernall strongly sup- Our Constitution says everyone has in offering this amendment. We all port the amendment that I am pro- equal access to the courts to assert want to support the appropriate service posing today because they have experi- constitutional rights. This amendment and memorial for victims of such trag- enced already a threat to their first can be read to promote one constitu- ic events. However, I did not support amendment rights. tional viewpoint while depriving those the Allard amendment because, in my I urge the Senate to vote yes for the who hold the opposing viewpoint of judgement, it too broadly states a view Allard amendment. their day in court. regarding constitutionality under the I yield back the remainder of my If this becomes law, those who com- First Amendment and arbitrarily sin- time. plain of free exercise clause violations gles out memorials for victims who are Mr. President, reclaiming my time, I by public authorities that exclude reli- slain on the campus of a public school, have been informed that I have another gious observances from public spaces excluding memorial services involving 21⁄2 minutes. could do so with the benefit of addi- victims of slayings during a robbery or Mr. HATCH. I am sorry, I misstated. tional fee-shifting, whereas those who other event not on the school’s campus

VerDate jul 14 2003 13:40 Jan 13, 2005 Jkt 069102 PO 00000 Frm 00034 Fmt 0686 Sfmt 0634 E:\BR99\S18MY9.001 S18MY9 9878 CONGRESSIONAL RECORD—SENATE May 18, 1999 or victims of a tragic accident, for ex- Finally, our amendment enhances how to make or use an explosive device ample. Also, I do not believe that the penalties under the Animal Enterprise intending or knowing that the instruc- Senate should take the step of author- Terrorism Act (18 U.S.C. 43) to address tions will be used to commit a federal izing the Attorney General to become the growing problem of attacks on crime, has passed the Senate on at involved in litigation on one side or the businesses and research facilities, as least three separate occasions. It is other. well as establishes a clearinghouse to time for Congress to pass it and make The PRESIDING OFFICER. The Sen- track such offenses. These crimes are the law. ator from Colorado. increasingly being committed by some Sites with detailed instructions on Mr. ALLARD. Mr. President, I have a juvenile gangs, particularly in my how to make a wide variety of destruc- question to ask of the chairman. Is he State of Utah. tive devices have proliferated on the ready for the yeas and nays on this Gangs are an increasingly serious Internet. As many of my colleagues amendment? and interstate problem, affecting our know, these sites were a prominent Mr. HATCH. We are going to vote in crime rates and our youth. A 1997 sur- part of the recent tragedy in Littleton, a stacked sequence. vey of eighth graders in 11 cities found Colorado. Mr. ALLARD. I will wait for that. in 1997 that 9 percent were currently Let me give my colleagues an exam- Mr. HATCH. Why don’t we ask for gang members, and that 17 percent said ple of one of these sites. The self-styled the yeas and nays. I ask unanimous they had belonged to a gang at some Animal Liberation Front has been consent that the yeas and nays be or- point in their lives. These gangs and linked to numerous bombings and dered on all five amendments. there members are responsible for as arson across the country, including The PRESIDING OFFICER. Is there many as 68 percent of all violent several in my home State of Utah. objection to it being in order to order crimes in some cities. Posted on their Internet site is the the yeas and nays? Without objection, My home state of Utah continues to cyber-publication, The Final Nail #2. It it is so ordered. have a serious gang problem. In 1997, is a detailed guide to terrorist activi- Is there a sufficient second? there were over 7,000 gang offenses re- ties. This chart shows just one example There appears to be a sufficient sec- ported to the police in Utah. Although of the instructions to be found here—in ond. we have seen some improvement from this case, instructions to build an elec- The yeas and nays were ordered. the unprecedented high levels of gang tronically timed incendiary igniter— The PRESIDING OFFICER. The Sen- crime a couple of years ago, gang mem- the timer for a time bomb. ator from Utah. bership in the Salt Lake area has in- And how do the publishers intend AMENDMENT NO. 353 creased 209 percent since 1992. There that this information will be used? The Mr. HATCH. Mr. President, the are now about 4,500 gang members in suggestion is clear from threats and amendment which I offered with the the Salt Lake City area. 770 of these, or warnings in the guide. One page in the Senator from California, Mrs. FEIN- 17 percent, are juveniles. site shows a picture of an industry STEIN, is a much refined version of leg- During 1998, there were at least 99 spokeswoman, warning her to ‘‘take islation we offered last Congress to ad- drive by shootings in the Salt Lake our advice while you still have some dress the serious and troubling issues City area. Also, drug offenses, liquor time: quit your job and cash in your of interstate and juvenile gangs. offenses, and sexual assaults were all frequent flier points for a permanent I commend Senator FEINSTEIN for her up significantly over the same period vacation.’’ Now, on this chart, which hard work and dedication to this issue. in 1997. And in the first 2 months of comes from The Final Nail #2, we have Our amendment includes improve- 1999, there were 14 drive by shootings in redacted the spokeswoman’s address ments to the current Federal gangs the Salt Lake City area. and phone number to protect her pri- statute, to cover conduct such as alien An emerging gang in Utah is the vacy. The publishers weren’t so consid- smuggling, money laundering, and Straight Edge. These are juveniles who erate. And this is just the beginning. high-value burglary, to the predicate embrace a strict code of no sex, drugs, This same document has a 59 page list offenses under the penalty enhance- alcohol or tobacco, and usually no of targets, complete with names and ment for engaging in gang-related meat or animal products. Normally, of addresses from nearly every U.S. State crimes, and enhances penalties for such course, these are traits most parents and Canadian province. crimes. would applaud. But these juveniles Let there be no mistake—the pub- It criminalizes recruiting persons take these fine habits to a dangerous lishers know what they’re doing. For into a gang, with tough penalties, in- extreme, frequently violently attack- instance, the instructions on how to cluding a 4-year mandatory minimum ing those who do not share their purist make milk jug fire bombs come with if the person recruited is a minor. outlook. this caution: ‘‘Arson is a big time fel- It amends the Travel Act, of 1952 18 There are 204 documented Straight ony so wear gloves and old clothes you U.S.C., to include typical gang predi- Edgers in Salt Lake City, with an aver- can throw away throughout the entire cate offenses. age age of 19 years old. Like most process and be very careful not to leave It includes the James Guelff Body gangs, they adopt distinctive clothing a single shred of evidence.’’ Armor Act, which provides penalty en- and tattoos to identify themselves. Al- It is unfortunate that people feel the hancements for the use of body armor though not all Straight Edgers engage need to disseminate information and in the commission of a Federal crime. in criminal activities, many have be- instructions on bombmaking and ex- This provision also prohibits the pur- come very violent prone. They have en- plosives. Now perhaps we can’t stop chase, possession or use of body armor gaged in coordinated attacks on col- people from putting out that informa- by anyone convicted of a violent fel- lege fraternities, and a murder outside tion. But if they are doing so with the ony, but provides an affirmative de- the Federal Building in downtown Salt intent that the information be used to fense for bona fide business uses. How- Lake City last Halloween night was commit a violent federal crime—or if ever, our amendment places no duties Straight Edge related. This crime, in they know that the information will be or restrictions on the sellers of these which a 15-year-old youth named used for that purpose, then this amend- legitimate personal safety products. Bernardo Repreza occurred during a ment will serve to hold such persons Our amendment also enhances the gang-related fight against the accountable. availability of body armor to law en- Straight-Edgers. Three Straight Edge Unfortunately, kids today have un- forcement. It includes penalties for gang members, have been charged with fettered access to a universe of harmful teaching, even over the Internet, how the murder. material. By merely clicking a mouse, to make or use a bomb, with the And these gangs are learning some of kids can access pornography, violent knowledge or intent that the informa- their tactics on the Internet, which is video games, and even instructions for tion will be used to commit a Federal why our amendment includes a provi- making bombs with ingredients that crime. sion making illegal to teach another can be found in any household. Why

VerDate jul 14 2003 13:40 Jan 13, 2005 Jkt 069102 PO 00000 Frm 00035 Fmt 0686 Sfmt 0634 E:\BR99\S18MY9.001 S18MY9 May 18, 1999 CONGRESSIONAL RECORD—SENATE 9879 someone feels the need to put such tually every ethnic and racial group constitutional. The Fourth Circuit has harmful material on the Internet is be- has some gang that is operating in the heard a case and has effectively de- yond me—there certainly is no legiti- United States. clared the methodology herein as con- mate need for our kids to know how to The chairman has accurately stated stitutional. make a bomb. But if that person what this amendment would do. It in- The final part of this bill is the crosses the line to advocate the use of creases sentences for gang members James Guelff Body Armor Act. It that knowledge for violent criminal who commit Federal crimes. It en- speeds body armor of 10,000 surplus purposes, or gives it out knowing it hances the ability of Federal prosecu- pieces from the FBI and the DEA to will be used for such purposes, then the tors to prosecute gangs. It amends the local and State governments. It makes law needs to cover that conduct. Travel Act to include some offenses body armor more difficult to obtain by Mr. President, the Hatch-Feinstein which gangs perpetrate. It adds serious felons. And we are very hopeful this Federal Gang Violence Act incor- juvenile drug offenses to the Armed Ca- will be included. porated in this amendment is a modest reer Criminal Act. And it provides a 3- So we have the gang amendments, we but important in stemming the spread year mandatory minimum sentence to have the lawmaking amendment, and of gangs and violence across the coun- knowingly transferring a firearm for the body armor. try and among our juveniles. I urge my use in a violent crime or drug traf- I thank the Chair and yield the floor. colleagues to support it. ficking crime where the gun is trans- Mr. LEAHY. Mr. President, when the I am happy to yield to the distin- ferred to a minor. predecessor to this bill was introduced guished Senator from California. Let me move now to the second part in the last Congress, I raised a number The PRESIDING OFFICER. The Sen- of it. This has to do with bomb making of concerns about the bill. I am glad to ator from California is recognized. on the Internet. In the Judiciary Com- see that this amendment is much im- Mrs. FEINSTEIN. I thank the Chair. mittee not too long ago, I remember proved from the Hatch-Feinstein gang I thank the distinguished chairman somebody presenting a manual called bill in the last Congress. of the Judiciary Committee. I want ‘‘The Terrorist Handbook’’ that could This amendment also contains pro- him to know it has been a great pleas- be pulled up on the Internet. I went posals that Senator DEWINE and I have ure for me to be able to work with him back and we downloaded it from the worked on together. For example, this on these three issues, and now on the Internet. amendment contains new procedures gang bill, for the past 3 years. What I saw really chilled me, because for law enforcement to obtain clone Mr. President, I think the chairman what I saw was accurate information pagers. These are pagers held by law has very accurately and adequately on how to steal chemicals, how to enforcement that duplicate the nu- stated what these amendments do. I break into chemistry labs, what to buy meric messages received by a drug would like to just provide a little bit of in stores, and how to go home and dealer or other criminal. This is a use- filler material with respect to the make pipe bombs, telephone bombs, ful tool for law enforcement and I have need. There are over 23,000 youth gangs letter bombs, and mailbox bombs. Vir- long worked to streamline the proce- in all 50 States in the United States. I tually every use in the manual is ille- dures for the FBI, the DEA and other think it will come as no surprise for gal. And you have to ask, Why? law enforcement agencies to obtain people to learn that California is the The youngsters in Colorado who per- legal authorization to use clone pagers. No. 1 gang State, with almost 5,000 dif- petrated the crime indicated they got For including this clone pager pro- ferent gangs, more than three times as the formula for the pipe bombs directly posal in the amendment, along with many as the next State. Overall, there from the Internet. It well could have the other improvements made by the are over 600,000 members of gangs. And been from this very volume I hold up sponsors, they should be commended. I they have increased tenfold since 1975. today. know they worked hard on this amend- This legislation is a direct result of Since Littleton, CO, there has been a ment. the importuning of many in local law rash of these. Police arrested five stu- I remain concerned about some of the enforcement who have come to me and dents in Brooklyn for possessing this penalties in this amendment. The others in this body and said: Could the manual that they found on the Inter- amendment calls for a new death pen- Federal Government give us a hand in net. alty and new mandatory minimums fighting gangs? The PRESIDING OFFICER. The Sen- that should be revised in conference. In Los Angeles alone, over the past 16 ator’s time has expired. Mr. CAMPBELL. Mr. President, I am years, 7,300 people were murdered from Mrs. FEINSTEIN. Mr. President, I pleased to see that an important provi- gang warfare—more people than have ask unanimous consent just for one ad- sion that is based on a bill I introduced been killed in all the terrorist fighting ditional minute. earlier this year has been included in in Northern Ireland. The PRESIDING OFFICER. Without the pending legislation. Today, modern gangs are organized. objection, it is so ordered. This provision would provide Federal Take, for one, the Bloods and Crips, Mrs. FEINSTEIN. I will ask to print matching grants to help our state and which began in Los Angeles. They now in the RECORD a list of counties and local law enforcement officers acquire have a presence in 119 American cities, cities where we have had incidents di- life saving bullet resistant equipment. as you can see on this chart. Take, for rectly following Littleton: Salt Lake; This provision is based on S. 726, the instance, Chicago’s Gangster Disciples, Cobb County in Georgia; Port Aransas, Officer Dale Claxton Bullet Resistant which have expanded into 34 Midwest TX; Wichita Falls; Wimberley, TX. Police Protective Equipment Act of and Southern cities, with a board of di- More than 50 threats of bombs and 1999. S. 726 is named in memory of Dale rectors inside prison and a board of di- other acts of violence have occurred in Claxton, a Cortez, Colorado, police offi- rectors outside prison. the last few weeks since Littleton, CO. cer who was fatally shot through the These gangs operate very often as This amendment essentially says it windshield of his patrol car last year. A modern Mafia-type enterprises. They will become a Federal crime to teach bullet resistant windshield could have move across State lines. They move or distribute information on how to saved his life. drugs. They practice a whole series of make a bomb or other weapon of mass Unfortunately, incidents like this are crimes. And they do so in a very orga- destruction if the individual intends far from isolated. All across our nation nized way. the information be used to commit a law enforcement officers, whether in In Los Angeles alone, the 18th Street Federal violent crime or knows that hot pursuit, driving through dangerous Gang now deals directly with Mexican the recipient of the information in- neighborhoods, or pulled over on the and Colombian drug cartels. They have tends to use it to commit a Federal side of the road behind an automobile, expanded their operations to Oregon, violent crime. are at risk of being shot through their Utah, El Salvador, Honduras and Mex- The Justice Department has reviewed windshields. We must do what we can ico. And it goes on and on and on; vir- the legislation. We believe that it is to prevent these kinds of tragedies as

VerDate jul 14 2003 13:40 Jan 13, 2005 Jkt 069102 PO 00000 Frm 00036 Fmt 0686 Sfmt 0634 E:\BR99\S18MY9.001 S18MY9 9880 CONGRESSIONAL RECORD—SENATE May 18, 1999 better, lighter and more affordable technologies such as bonded acrylic, sales and something must be done to types of bullet resistant glass and polymers, polycarbons, aluminized ma- address the problem. other equipment become available. terial and transparent ceramics prom- I am a strong supporter of e-com- While I served as a deputy sheriff in ise to provide for lighter, more merce. But the sale of alcohol cannot Sacramento County, California, I be- versatile and hopefully less expensive be equated with the sale of a sweater or came personally aware of the inherent bullet resistant equipment. shirt. We need to foster growth in elec- dangers law enforcement officers en- The Officer Dale Claxton provision tronic commerce, but we also need to counter each day on the front lines. also directs the NIJ to inventory exist- make sure that alcohol control laws Now that I serve as a U.S. Senator here ing technologies in the private sector, are respected. in Washington, DC, I believe we should in surplus military property, and in use The growth of many of our nation’s do what we can to help our law enforce- by other countries and to evaluate, de- wineries is tied to their ability to ment officers protect themselves as velop standards, establish testing achieve name recognition and generate they risk their lives while protecting guidelines, and promote technology sales nationwide—tasks the Internet is the American people from violent transfer. uniquely suited to accomplish. I do not criminals. Our nation’s state, local and tribal want to preclude them from using the One important way we can do this is law enforcement officers regularly put Internet; I want to ensure that they to help them acquire bullet resistant their lives in harm’s way and deserve use it responsibly and in accordance glass and armored panels for patrol to have access to the bullet resistant with state laws. cars, hand held bullet resistant shields equipment they need. The Officer Dale If there is a problem with the system, and other life saving bullet resistant Claxton bill will both get life saving we need to fix the system, not break equipment. This assistance is espe- bullet resistant equipment deployed the laws. cially crucial for small local jurisdic- into the field where it is are needed and The 21st amendment gives states the tions that often lack the funds needed accelerate the development of new life- right to regulate the importation of al- to provide their officers with the life saving bullet resistant technologies. cohol into their states. However, ef- saving bullet resistant equipment they I urge my colleagues to join me in forts to enforce laws relating to the need. supporting this provision. importation of alcohol have run into This Claxton bullet resistant equip- The PRESIDING OFFICER. The Sen- significant legal hurdles in both state ment provision builds upon the suc- ator’s time has expired. and Federal courts. cesses of the Bulletproof Vest Partner- Mr. HATCH addressed the Chair. The scope of the 21st amendment is ship Grant Act, S. 1605, which I intro- The PRESIDING OFFICER. The Sen- essentially a federal question that duced in the 105th Congress and the ator has 2 minutes 43 seconds. must be decided by the federal courts— president signed into law last June. Mr. HATCH. Mr. President, unless and ultimately the Supreme Court. For This program provides matching grants there is opposition, I would yield that that reason, among others, I believe a to state and local law enforcement 2 minutes to the Senator from Cali- federal court forum is appropriate for agencies to help them purchase body fornia. state enforcement efforts. armor for their officers. This provision Has the Senator from California said Most states do not permit direct builds upon this worthy program by ex- all she wants to say on this? shipping of alcohol to consumers. panding it to help them acquire addi- Mrs. FEINSTEIN. I believe so, Mr. Therefore most Internet sales of alco- tional types of bullet resistant equip- President. I thank the Senator. hol are currently prohibited. If a state ment. AMENDMENT NO. 339 wants to set up a system to allow for The central part of the Claxton pro- Mr. HATCH. Mr. President, the next the direct shipment of alcohol to con- vision authorizes a new $40 million amendment is that of Senator BYRD. sumers, such as New Hampshire and matching grant program to help state, Mr. LEAHY. Mr. President, if the Louisiana have already done, then that local, tribal and other small law en- Senator will yield, I have been advised is their right under the 21st amend- forcement agencies acquire bullet re- by the distinguished senior Senator ment. But the decision to permit direct sistant equipment such as bullet resist- from West Virginia that he will not re- shipping, and under what conditions, is ant glass and armored panels for patrol quire his time in favor of the amend- up to the states, not the purveyors of cars, hand held bullet resistant shields ment, other than the minute he has re- alcohol. and other life saving equipment. served just prior to the vote. I was pre- The bill is supported by a host of in- This matching grant program is au- pared to yield back 5 minutes as a pro- terests including, inter alia, Utah inter- thorized for fiscal years 2000 through ponent. There may be, however, those ests (Governor Leavitt, Attorney Gen- 2002 and would be administered by the who seek time as opponents. eral Graham, Utah’s Department of Al- Bureau of Justice Assistance according Mr. HATCH. If the Senator will yield, coholic Beverage Control, the Utah to a formula that ensures fair distribu- I would like to take about a minute of Hospitality Association, numerous tion for all states, local communities, Senator BYRD’s time. Utah Congressional Representatives tribes and U.S. territories. To help en- The PRESIDING OFFICER. The Sen- and Senator BENNETT), SADD, the Na- sure that these matching grants get to ator from Utah is recognized. tional Licensed Beverage Association, the jurisdictions that need them the Mr. HATCH. And then protect the the National Beer Wholesalers Associa- most the bureau is directed to make at right of the Senator from California to tion, the Wine and Spirits Wholesalers, least half of the funds available to speak in opposition. Geerlings and Wade (leading direct those smaller jurisdictions whose budg- Mr. President, I am pleased to sup- marketer of fine wines to 27 states and ets are the most financially con- port this amendment, which is nearly more than 81 percent of the wine con- strained. identical to a bill I introduced earlier suming public), Americans for Respon- Another key part of the Claxton pro- this year, S. 577, The Twenty-First sible Alcohol Access, the National As- vision allocates $3 million over 3 years Amendment Enforcement Act. If noth- sociation of Beverage Retailers, the to the Justice Department’s National ing else can be said about this issue— National Alcohol Beverage Control As- Institute of Justice (NIJ) to conduct an it is absolutely imperative that states sociation, and the National Conference expedited research and development have the means to prevent unlawful ac- of State Liquor Administrators. program to speed up the deployment of cess to alcohol by our children. Having said that, I will yield back new bullet resistant technologies and If a 13-year-old is capable of ordering the remainder of any time the pro- equipment. The development of new beer and having it delivered by merely ponents have. bullet resistant materials in the next ‘‘borrowing’’ a credit card and making Mr. LEAHY. Mr. President, I com- few years could be as revolutionary in a few clicks with her mouse, there is mend the Senior Senator from West the next few years as Kevlar was for something wrong with the level of con- Virginia for his dedication to enforcing body armor in the 1970s. Exciting new trol that is being exercised over these state liquor laws. But I must disagree

VerDate jul 14 2003 13:40 Jan 13, 2005 Jkt 069102 PO 00000 Frm 00037 Fmt 0686 Sfmt 0634 E:\BR99\S18MY9.001 S18MY9 May 18, 1999 CONGRESSIONAL RECORD—SENATE 9881 with his approach. The Byrd amend- Sixth, mandates a bench trial. tifies the contents as alcoholic beverages, ment would permit the enforcement of Having said that, I probably will sup- and a’’ after ‘‘accompanied by’’; and state liquor laws in Federal court. This port both the Byrd amendment and the (B) by inserting ‘‘and requiring upon deliv- expansion of the jurisdiction of the next amendment by the distinguished ery the signature of a person who has attained the age for the lawful purchase of in- Federal courts is not warranted and Senator from California, Mrs. FEIN- toxicating liquor in the State in which the raises constitutional problems because STEIN. delivery is made,’’ after ‘‘contained there- one state may impose its laws on the Mrs. FEINSTEIN. I thank the rank- in,’’; and citizens of another state under this ing member for his comments. My (2) in section 1264, by inserting ‘‘or to any amendment. views parallel his. I think the Byrd person other than a person who has attained In the Judiciary Committee, we re- method is very well intentioned. I hap- the age for the lawful purchase of intoxi- cently held a hearing on this issue of pened to be on the floor when the Sen- cating liquor in the State in which the deliv- direct sales of alcohol products over ator presented it. However, I must say ery is made,’’ after ‘‘consignee,’’. the Internet and via mail order. In our I believe it is overly broad. It would es- Mrs. FEINSTEIN. Mr. President, the hearing, several expert witnesses raised sentially permit States to deputize the modification I have sent to the desk questions about a similar bill by Sen- Federal courts which exist to enforce changes the penalty, and I will explain ator HATCH, S. 577. I would like to work Federal laws, not State laws. I believe that in a moment. with Senator BYRD, Senator HATCH and it would have the unintended con- The amendment, as I have just de- others on the Judiciary Committee to sequence of dramatically expanding scribed it, would require persons who see if we can refine this legislation to the power of any one State in a matter ship alcoholic beverages across State make sure it will pass constitutional which would diminish consumer choice lines to: First, clearly and prominently muster. I have my doubts about con- and really harm legitimate businesses. label the contents as alcoholic bev- stitutionality of the language before us This is more or less an intra-industry erages; second, state the full name of today and will have to vote against the fight. California is home to 90 percent the person causing the package to be Byrd amendment as currently drafted. of the domestic wine industry. The shipped; i.e., the seller; and third, state If the full Senate is to pass an vast majority of these wineries are that an adult’s signature is required. It amendment today on the interstate small family farms. The wine industry would require the shippers—for exam- shipment of alcohol, I believe the is certainly vital. Many of these small ple, Federal Express—to not deliver a amendment by Senator FEINSTEIN is a wineries essentially have wine package so labeled unless they can: more targeted and sounder approach. tastings. Individuals come in, taste the One, verify that the person receiving Her amendment would require clear wine. They do not have shelf space. The the delivery is of legal age for pur- labeling of alcoholic beverages shipped wine is expensive, and they will use the chasing alcoholic beverages; and, two, interstate and require the signature of Internet to be able to ship this wine. obtain that person’s signature. an adult upon delivery of the alcoholic The problem which has been pre- Mr. President, the amendment I sent beverages. sented for remedy is children obtaining to the desk to modify would simply The Feinstein amendment does not this kind of alcoholic beverage through provide that existing penalties would raise constitutional issues and is tar- the Internet. I happen to doubt that apply to this bill. Those are criminal geted at preventing any underage pur- children would buy $90 bottles of wine, penalties of up to 1 year imprisonment chase of alcoholic beverages over the but, nonetheless, the second amend- and fines of up to $200,000 for organiza- Internet or through other direct sales. ment I will present in essence tackles tions or $100,000 for individuals. A sell- I will vote against the Byrd amend- the question at hand by saying that er who violates this requirement on ment and for the Feinstein amend- any of these shipments must be clearly three or more occasions may have their ment, because I believe that hers is labeled, and they must be received by ATF basic permit revoked. That is the constitutionally far more acceptable someone who has the qualification to effect of the law today, and we would but also hits the problem far better. receive them, identification showing repeat that penalty in this particular Mr. HATCH. Mr. President, before I that that individual is entitled to re- instance. relinquish the floor to Senator FEIN- ceive them and is in fact an adult. I thank the Chair. STEIN, let me say that I think States Therefore, I do not believe this The PRESIDING OFFICER. Does any need the ability to take action on their throwing of State alcohol law into the Senator wish to speak in opposition? own to enforce their State liquor laws. Federal courts is necessary to solve the Mr. HATCH addressed the Chair. Senator BYRD’s amendment provides problem at hand. The PRESIDING OFFICER. The Sen- States with a Federal court forum to I urge a no vote on the Byrd amend- ator from Utah. enjoin violations of their alcohol laws, ment and an aye vote on the Feinstein Mr. HATCH. Mr. President, I am pre- denying violators the ability to hide amendment. pared to yield back all the time in op- behind a jurisdictional curtain. The PRESIDING OFFICER. All time position to this amendment on our Mr. President, this is a summary of on the amendment has expired. side. We are prepared to vote. the Byrd amendment: AMENDMENT NO. 354, AS MODIFIED VOTE ON AMENDMENT NO. 351 First, it permits the chief law en- The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. The forcement officer of a state to seek an ate will now move to the debate on the question is on agreeing to amendment injunction in federal court to prevent Feinstein amendment. No. 351. The yeas and nays have been the violation of any of its laws regu- The Senator from California. ordered. The clerk will call the roll. lating the importation or transpor- Mrs. FEINSTEIN. Mr. President, if I The legislative clerk called the roll. tation of alcohol; may, I ask unanimous consent to mod- Mr. NICKLES. I announce that the Second, allows for venue for the suit ify my amendment No. 354. Senator from Kansas (Mr. BROWNBACK) where the defendant resides and were The PRESIDING OFFICER. Without is necessarily absent. the violations occur; objection, the amendment is modified. Mr. REID. I announce that the Sen- Third, no injunctions issued without The amendment (No. 354), as modi- ator from New York (Mr. MOYNIHAN) is prior notice to the opposing party; fied, is as follows: necessarily absent. Fourth, requires that injunctions be At the appropriate place, add the fol- I further announce that, if present specific as to the parties, the conduct lowing: and voting, the Senator from New York and the rationale underlying the SEC. ll. INTERSTATE SHIPMENT AND DELIVERY (Mr. MOYNIHAN) would vote ‘‘no.’’ OF INTOXICATING LIQUORS. issuance of the injunction; The PRESIDING OFFICER (Mr. GOR- (a) IN GENERAL.—Chapter 59 of title 18, Fifth, allows for quick consideration United States Code, is amended— TON). Are there any other Senators in of the application for an injunction; (1) in section 1263— the Chamber desiring to vote? conserves court resources by avoiding (A) by inserting ‘‘a label on the shipping The result was announced—yeas 85, redundant proceedings; and container that clearly and prominently iden- nays 13, as follows:

VerDate jul 14 2003 13:40 Jan 13, 2005 Jkt 069102 PO 00000 Frm 00038 Fmt 0686 Sfmt 0634 E:\BR99\S18MY9.001 S18MY9 9882 CONGRESSIONAL RECORD—SENATE May 18, 1999 [Rollcall Vote No. 121 Leg.] The PRESIDING OFFICER. The Sen- Mr. STEVENS. I move to reconsider YEAS—85 ator from Wisconsin. the vote. Abraham Enzi McCain Mr. KOHL. Mr. President, none of us Mr. LEAHY. I move to lay that mo- Akaka Feinstein McConnell is naive enough to believe today’s vote tion on the table. Allard Fitzgerald Mikulski signals a bipartisan consensus on all The motion to lay on the table was Ashcroft Frist Murkowski agreed to. Baucus Gorton gun control issues, or even most of Nickles The PRESIDING OFFICER. The Sen- Bayh Graham Reid them. But after a week of back-and- Bennett Gramm Robb forth—and forth-and-back—over fire- ator from Utah. Biden Grams Roberts AMENDMENT NO. 353 Bond Grassley arms, it is good to see a consensus de- Rockefeller Breaux Gregg veloping on at least this commonsense Mr. HATCH. Mr. President, this next Roth Bryan Hagel measure to keep handguns away from amendment is the Hatch-Feinstein Bunning Hatch Santorum amendment. It is an amendment to Burns Helms Sarbanes children. Simply put, the Kohl-Hatch- Schumer Chafee amendment will ensure that a give enhanced authority to combat Byrd Hutchinson gang violence. In addition to com- Campbell Hutchison Sessions child safety device—or trigger lock—is Chafee Inhofe Shelby sold with every handgun. bating gang violence, this also is an Cleland Inouye Smith (NH) amendment that bans bombmaking in- This proposal will move us forward Cochran Jeffords Smith (OR) formation on the Internet or informa- Collins Johnson Snowe today, and it will help save lives. I tion on the Internet with intent to in- Conrad Kennedy Specter hope we can all support it. jure. Coverdell Kerry Stevens The PRESIDING OFFICER. Who Craig Kohl Thomas I described this rather fully in my Crapo Kyl Thompson yields time in opposition to the amend- opening remarks earlier in the day. I Daschle Landrieu Thurmond ment? DeWine Lieberman give the rest of my time to the distin- Torricelli Mr. HATCH. We yield back the time. guished Senator from California. Dodd Lincoln Voinovich Domenici The PRESIDING OFFICER. All time Lott Warner Mrs. FEINSTEIN. Thank you very Dorgan Lugar is yielded back. The question is on Wyden much, I say to the Senator. And thank Edwards Mack agreeing to the Hatch-Kohl amend- you, Mr. President. NAYS—13 ment. The yeas and nays have been or- This amendment essentially has four Bingaman Hollings Murray dered. parts. One relates to gangs that move Boxer Kerrey Reed The clerk will call the roll. across interstate lines practicing Durbin Lautenberg Wellstone The legislative clerk called the roll. Feingold Leahy criminal enterprise, the second is body Harkin Levin Mr. NICKLES. I announce that the armor, the third is bombmaking, and Senator from Kansas (Mr. BROWNBACK) the fourth is animal terrorism. NOT VOTING—2 is necessarily absent. Essentially, with respect to gangs, Brownback Moynihan Mr. REID. I announce that the Sen- this bill will increase sentences for The amendment (No. 351) was agreed ator from New York (Mr. MOYNIHAN) is gang members who commit Federal to. necessarily absent. crimes. It will enhance the ability of Mr. HATCH. Mr. President, I move to I further announced that, if present Federal prosecutors to prosecute gangs reconsider the vote. and voting, the Senator from New York for this crime. And it will add serious Mr. LEAHY. I move to lay that mo- (Mr. MOYNIHAN) would vote ‘‘aye.’’ juvenile drug offenses to the Armed Ca- tion on the table. The result was announced—yeas 78, reer Criminal Act. The motion to lay on the table was nays 20, as follows: With respect to body armor, there agreed to. are about 10,000 surplus pieces of body The PRESIDING OFFICER. The Sen- [Rollcall Vote No. 122 Leg.] YEAS—78 armor that the FBI and DEA have. ator will withhold. The Senate will be The PRESIDING OFFICER. The Sen- in order. The Senator from Utah. Abraham Fitzgerald Lott ator’s time has expired. Mr. HATCH. Mr. President, we are Akaka Frist Lugar Baucus Gorton McCain Does anyone yield time in opposition making headway. I ask unanimous con- Bayh Graham McConnell to the amendment? The Senator from sent that the remaining votes in this Bennett Grassley Mikulski Vermont. series be limited to 10 minutes in Biden Gregg Murkowski Mr. LEAHY. Mr. President, it is not length. Bingaman Hagel Murray Boxer Harkin Reed in opposition, but I will use that time The PRESIDING OFFICER. Without Breaux Hatch Reid if nobody else is seeking it. objection, it is so ordered. Bryan Hollings Robb This is much improved from what it The Senator from Vermont. Byrd Hutchinson Roberts was last year. It has included a pro- Mr. LEAHY. Mr. President, just a Campbell Hutchison Rockefeller posal that Senator DEWINE and I have point of clarification before we start to Chafee Inouye Roth Cleland Jeffords Santorum worked on together. My one concern is vote. Each side gets 1 minute before Cochran Johnson Sarbanes the penalties. It does call for a new these votes. I urge Senators on both Collins Kennedy Schumer death penalty and new mandatory min- Conrad Kerrey Smith (OR) sides to give attention to both pro- imum. ponents and opponents so they can be Daschle Kerry Snowe DeWine Kohl Specter I will tell the distinguished Senator heard. Senator HATCH and I have Dodd Kyl Stevens from California and the distinguished worked very hard to get it down to this Domenici Landrieu Thurmond Senator from Utah, these are issues list, so we should make sure both sides Dorgan Lautenberg Torricelli Durbin Leahy Voinovich that will be raised in conference. are protected and can be heard. Edwards Levin Warner The PRESIDING OFFICER. All time AMENDMENT NO. 352 Feingold Lieberman Wellstone has expired. The question is on agree- The PRESIDING OFFICER. There Feinstein Lincoln Wyden ing to amendment No. 353. The yeas are 2 minutes equally divided on the NAYS—20 and nays are ordered. The clerk will Kohl-Hatch amendment. Who yields Allard Crapo Nickles call the roll. time? The Senator from Utah. Ashcroft Enzi Sessions The legislative clerk called the roll. Mr. HATCH. Mr. President, let me Bond Gramm Shelby Mr. NICKLES. I announce that the just make one quick comment and then Bunning Grams Smith (NH) Senator from Kansas (Mr. BROWNBACK) Burns Helms yield to Senator KOHL. Thomas is necessarily absent. Coverdell Inhofe Thompson The Kohl-Hatch amendment provides Craig Mack Mr. REID. I announce that the Sen- qualified immunity to law-abiding gun ator from New York (Mr. MOYNIHAN) is NOT VOTING—2 owners who use a child safety lock or necessarily absent. gun storage unit and requires that all Brownback Moynihan I further announce that, if present handguns be sold with a child safety The amendment (No. 352) was agreed and voting, the Senator from New York lock or gun storage unit. to. (Mr. MOYNIHAN) would vote ‘‘aye.’’

VerDate jul 14 2003 13:40 Jan 13, 2005 Jkt 069102 PO 00000 Frm 00039 Fmt 0686 Sfmt 0634 E:\BR99\S18MY9.001 S18MY9 May 18, 1999 CONGRESSIONAL RECORD—SENATE 9883 The result was announced—yeas 85, Mr. President, as the Senate con- Kennedy Murkowski Smith (OR) nays 13, as follows: siders this juvenile justice bill, de- Kerry Nickles Snowe Kohl Reid Specter [Rollcall Vote No. 123 Leg.] signed to reduce the scourge of youth Kyl Robb Stevens YEAS—85 violence and crime, I beseech my col- Lautenberg Roberts Thomas leagues to remember that alcohol use Levin Rockefeller Thompson Abraham Feinstein McCain Lieberman Santorum Akaka Fitzgerald McConnell and abuse constitute an important Thurmond Lincoln Sarbanes Voinovich Allard Frist Mikulski Lott Schumer facet of this national problem. Let us Warner Ashcroft Gorton Murkowski Lugar Sessions not overlook the pernicious effects Wellstone Baucus Graham Nickles McConnell Shelby Wyden Bayh Gramm Reed that alcohol has on our young people. Mikulski Smith (NH) Bennett Grams Reid Let us not turn our backs on them by Bingaman Grassley Robb foregoing this opportunity to put a NAYS—17 Bond Gregg Roberts Allard Chafee Mack Boxer Hagel stop to those who choose to evade our Rockefeller Bayh Collins Murray Breaux Hatch laws. I urge my colleagues to support Bingaman Feinstein Bryan Helms Roth Reed this amendment. Bond Kerrey Bunning Hollings Santorum Roth Boxer Landrieu Burns Hutchinson Sarbanes Mrs. FEINSTEIN addressed the Torricelli Campbell Leahy Byrd Hutchison Schumer Chair. Campbell Inhofe Sessions The PRESIDING OFFICER. The Sen- NOT VOTING—2 Chafee Jeffords Shelby Cleland Johnson Smith (NH) ator from California is recognized. Brownback Moynihan Cochran Kerrey Smith (OR) Mrs. FEINSTEIN. Mr. President, I ANSWERED ‘‘PRESENT’’—1 Collins Kerry Snowe rise to oppose the amendment. The McCain Coverdell Kohl Specter amendment really is developed because Craig Kyl Stevens The amendment (No. 339) was agreed Crapo Landrieu of problems with alcohol being shipped Thomas to. Daschle Leahy Thurmond to minors, and the amendment has DeWine Lieberman Torricelli major concern to the California wine Mr. BYRD. Mr. President, I move to Domenici Lincoln Voinovich reconsider the vote. Durbin industry. We believe it opens the Fed- Lott Warner Mr. REID. I move to lay that motion Edwards Lugar eral courts to State law. It does not Wyden Enzi Mack focus on underage drinking, it is not on the table. The motion to lay on the table was NAYS—13 supported by Mothers Against Drunk agreed to. Biden Harkin Murray Driving, and it is opposed by the larg- Conrad Inouye Thompson est Internet trade group and by the AMENDMENT NO. 354, AS MODIFIED Dodd Kennedy Wellstone wine industry. The PRESIDING OFFICER. The Dorgan Lautenberg question now is on the Feinstein Feingold Levin Rather, my amendment would focus directly on underage drinking by re- amendment. There are 2 minutes equal- NOT VOTING—2 quiring that any shipment be clearly ly divided. Brownback Moynihan marked with a label as to what the Who seeks recognition? The amendment (No. 353) was agreed contents are and require that the re- Mr. HATCH. May I ask the distin- to. cipient be qualified to receive it—in guished Senator from California, since AMENDMENT NO. 339 other words, be able to present identi- everybody understands this, why don’t Mr. BYRD addressed the Chair. fication that that person is, in fact, an we yield back the time? The PRESIDING OFFICER (Mr. adult. The PRESIDING OFFICER. There HAGEL). The Senator from West Vir- The PRESIDING OFFICER. The will be order in the Chamber. ginia is recognized. question is on agreeing to Amendment Mr. HATCH. If I could ask the distin- Mr. BYRD. Mr. President, this pro- No. 339. guished Senator from California—I cer- posal by Senator KOHL and myself sim- The yeas and nays have been ordered. tainly support this amendment; I be- ply authorizes the attorney general of The clerk will call the roll. lieve everyone understands that—why a State to go into Federal district The assistant legislative clerk called don’t we just yield back the time? court and seek an injunction against Mrs. FEINSTEIN. I will be happy to. the roll. any person importing alcohol into that Mr. HATCH. I yield back the time on Mr. MCCAIN (when his name was State in violation of that State’s law. this side. called). Present. Unfortunately, recent Federal court Mr. GRAMM. Can’t we just voice Mr. NICKLES. I announce that the decisions have held that States do not vote it? necessarily have the power to seek Senator from Kansas (Mr. BROWNBACK) The PRESIDING OFFICER. The such an injunction despite the fact is necessarily absent. question now is agreeing to the amend- that the 21st amendment to the Con- Mr. REID. I announce that the Sen- ment. stitution and the Webb-Kenyon Act ator from New York (Mr. MOYNIHAN) is Mr. HATCH. Can we voice vote this give States the power to prohibit alco- necessarily absent. amendment? I ask unanimous consent hol importation. As a consequence, I further announce that, if present that the yeas and nays be vitiated. many States are at a loss when it and voting, the Senator from New York The PRESIDING OFFICER. Without comes to enforcing their own laws. (Mr. MOYNIHAN) would vote ‘‘no.’’ objection, it is so ordered. For those who may have concerns The result was announced—yeas 80, Mr. HATCH. I thank the Chair. with this proposal, let me state un- nays 17, as follows: The PRESIDING OFFICER. If there equivocally that the amendment will [Rollcall Vote No. 124 Leg.] be no further debate, the question is on not restrict the lawful manufacture, YEAS—80 agreeing to the amendment. advertisement, sale, transportation, or Abraham Craig Gramm The amendment (No. 354), as modi- importation of any alcoholic beverage. Akaka Crapo Grams fied, was agreed to. As long as a distiller, or a brewer, or a Ashcroft Daschle Grassley Mr. HATCH. Mr. President, I move to Baucus DeWine Gregg winemaker complies with the laws of Bennett Dodd Hagel reconsider the vote. the given State, they will have no addi- Biden Domenici Harkin Mr. REID. I move to lay that motion tional restrictions placed upon them by Breaux Dorgan Hatch on the table. Bryan Durbin Helms this amendment. The only ones who Bunning Edwards Hollings The motion to lay on the table was need to fear this amendment are those Burns Enzi Hutchinson agreed to. who are conducting their business in Byrd Feingold Hutchison Several Senators addressed the an unlawful manner, particularly those Cleland Fitzgerald Inhofe Chair. Cochran Frist Inouye who are willing to sell alcohol to our Conrad Gorton Jeffords The PRESIDING OFFICER. The Sen- children. Coverdell Graham Johnson ator from Utah.

VerDate jul 14 2003 13:40 Jan 13, 2005 Jkt 069102 PO 00000 Frm 00040 Fmt 0686 Sfmt 0634 E:\BR99\S18MY9.001 S18MY9 9884 CONGRESSIONAL RECORD—SENATE May 18, 1999 Mr. HATCH. Mr. President, in just a The PRESIDING OFFICER. The Sen- Frist-Ashcroft amendment on IDEA, few minutes we believe we can get con- ator from Vermont. there is no time limit. sent to have three more votes this Mr. LEAHY. What this does, I tell Mr. HATCH. No time limit. It will be evening and we will put over a stacked Senators on my side of the aisle, is say the last of the amendments in the group of amendments for tomorrow, we will have two votes tonight. They order we are listing them. but we are just a few minutes away have to go out of the sequence, but I ask unanimous consent that that be from having that consent. I suggest the then we go back to the sequence. It is so. absence of a quorum while we get it. my understanding, from the distin- The PRESIDING OFFICER. Is there The PRESIDING OFFICER. The guished Senator from Mississippi, that objection? clerk will call the roll. those will be the only two rollcall Without objection, it is so ordered. The legislative clerk proceeded to votes we will have tonight, and then we Mr. HATCH. I hope we can move to call the roll. will be back on the sequence tomorrow, these two amendments. We have 5 min- Mr. HATCH. Mr. President, I ask if I am correct. utes to debate them. unanimous consent that the order for Mr. LOTT. That is correct. AMENDMENT NO. 359 the quorum call be rescinded. If I could get recognition, if the Sen- Mr. HATCH. The first amendment The PRESIDING OFFICER. Without ator desires to have some debate on his coming up will be Senator objection, it is so ordered. amendment tonight, that will be fine WELLSTONE’s on domestic violence for Mr. HATCH. Mr. President, I ask and will be anticipated also. So we will 21⁄2 minutes. unanimous consent that the Senate do these two out of sequence, with the Mr. WELLSTONE addressed the now resume S. 254, and the amend- last vote occurring probably around Chair. ments, in this order tonight: Amend- 6:15 or so. The PRESIDING OFFICER. The Sen- ment No. 358, followed by amendment Mr. LEAHY. Or earlier. ator from Minnesota. No. 348; that these will be the next two Mr. LOTT. Or perhaps earlier. That Mr. WELLSTONE. Might I ask a amendments, previously debated, to will be the last vote tonight. The next question first? I am sorry. I do not in- the pending juvenile justice bill, which amendment in order will be the amend- tend to take a lot of time. will now be the pending question, in ment the Senator from Iowa is con- Is there a time limit on this amend- the order in which they were offered, cerned about. And if he would like to ment tonight? with up to 5 minutes equally divided debate that tonight, that would be fine. Mr. HATCH. The time limit of 5 min- for additional debate prior to a vote on Mr. HARKIN. Reserving the right to utes equally divided. or in relation to these two amend- object, it is my understanding that for Mr. LEAHY. Could we have order. ments. 359 and 348, we will have those two The PRESIDING OFFICER. The Sen- I further ask that notwithstanding a votes. That will be all tonight? ate will be in order. vote in relation to an amendment, if Mr. LOTT. Right. Mr. WELLSTONE. Thank you, Mr. any amendment is not tabled or Mr. HARKIN. Then what will occur President. skipped in the voting sequence, it then after that? What is the next thing in Mr. President, this amendment goes be laid aside for additional votes in the sequence? right to the heart of this legislation. If sequence, with the amendments reoc- Mr. HATCH. Could I make it clear? we are serious about youth violence, curring at the end of the sequence end- After that will occur No. 360, then No. one of the things we want to do is help ing with amendment No. 361. 361, then No. 356, then No. 357, and last kids before they get into trouble. I further ask that following the dis- will be No. 355, which is the amend- This amendment would authorize position of each debate on each amendment the distinguished Senator is con- grant money which would go to the ment, the amendment be laid aside, cerned with. community level for counselors and and at the hour of 5:50 p.m. today the Mr. HARKIN. And your unanimous courts and schools and health care pro- Senate proceed to vote on or in rela- consent did not put any time limit on viders and teachers and battered tion to the amendments, in the order that? women programs to provide support in which they were offered, with 2 min- Mr. LEAHY. No. and help to those children who witness utes prior to each vote for explanation. Mr. HATCH. We did not. I ask unani- violence in their homes. Mr. LEAHY. Mr. President, reserving mous consent that they be put in that We have focused on the violence the right to object, and I shall not—— order, with No. 355, the one with which against the adult—usually the woman, Mr. HATCH. Will the Senator yield the distinguished Senator is concerned, I am very sorry to say. But one of the for one other question? I believe I said last on the list. things I found around the country, I amendment 358, but the two amend- The PRESIDING OFFICER. Is there say to my colleagues, is that we have ments tonight will be 359 and 348, in objection? not provided the support for kids. If that order. I ask unanimous consent. Mr. HARKIN. Reserving the right to you care about this issue of family vio- Mr. KENNEDY. Reserving the right object, is there a time limit? lence, and if you care about trying to to object. Mr. HATCH. There is not. get more support for children who wit- The PRESIDING OFFICER. The Sen- Mr. HARKIN. On any of these? ness this and see it all the time and ator from Massachusetts. Mr. HATCH. No. then cannot do well in school and are Mr. KENNEDY. As I understand, the Mr. LEAHY. No. It is my under- in trouble, then you need to support Senator has asked for rollcalls on those standing that there is a time limit on this amendment. two votes, but then he asked for con- only the two this evening. In the bill right now, the language is sent after that to sequence which Mr. HARKIN. I see. not specific; it is very weak. It just amendments and in what order? Mr. HATCH. We are hoping we can simply talks about kids at risk, but it Mr. HATCH. To sequence the remain- set aside basically the other controver- does not focus specifically on the prob- ing amendments, the skipped amend- sial, but not seriously controversial, lem of violence in homes and the ef- ments, in the order in which they were amendments to be stacked tomorrow fects on children who witness this vio- following amendment No. 361. In other at some time, in accordance with the lence. This is one of the best amend- words, we are putting them at the end wishes of the majority and minority ments we could support. of the group of amendments. leaders, and they will proceed in the For those of you who have done this Mr. KENNEDY. I have no objection. same way these have. But we under- work dealing with the issues of family I understand that Senator HARKIN is stand on No. 355 there is not a time violence, for those of you who care not here. limit. about reducing violence in families and Mr. HARKIN. I am here. I am trying Mr. HARKIN. I will not object as supporting children, this is really an to figure it out myself. long as I understand and the record is important amendment. I hope it will Mr. LEAHY addressed the Chair. clear that on amendment No. 355, the have strong support.

VerDate jul 14 2003 13:40 Jan 13, 2005 Jkt 069102 PO 00000 Frm 00041 Fmt 0686 Sfmt 0634 E:\BR99\S18MY9.001 S18MY9 May 18, 1999 CONGRESSIONAL RECORD—SENATE 9885 The PRESIDING OFFICER. Who Mr. ASHCROFT. Mr. President, The PRESIDING OFFICER. The Sen- seeks recognition? thank you very much. ator’s time has expired. Mr. HATCH. Mr. President, I yield Mr. President, 50 percent of all ar- The Senator from Vermont. back the remainder of my time on this sons, 37 percent of all burglaries are Mr. LEAHY. Mr. President, I will tell amendment, except let me just say committed by juveniles, 17 percent of the Senator from Illinois, there are this: I very much appreciate the efforts all forcible rapes. only two States, Kentucky and Mis- of the Senator from Minnesota. As I Our juvenile justice system is no sissippi, that would be in compliance read it, it provides for six new grant longer being asked to deal with chew- with this amendment’s mandate, only programs totaling $170 million. ing gum and spitballs in the hall but two States in the whole country. Basi- Mr. President, as you know, the issue real violent crime. cally, the amendment would tell all of domestic violence, including its im- This amendment is very straight- the other States, your legislatures are pact on children, is one that has been forward and simple. It says that while irrelevant. We know better here. of paramount concern to me over the juveniles are committing adult crimes Mr. DURBIN. Will the Senator yield past 10 years. Working with Senator with firearms, they should be treated for a question? BIDEN, and the Senate, the Senate as adults; that if juveniles are going to Mr. LEAHY. Surely. acted decisively in 1994 by passing the be involved in rapes, murders, armed Mr. DURBIN. Do I understand, then, Violence Against Women Act. More- robberies, armed assaults, that kind of that 48 other States would be disquali- over, in the years following passage of violent crime, using firearms, that we fied from Federal grants? this landmark legislation, this Senate want to provide the encouragement, in- Mr. LEAHY. That is right. In fact, has consistently funded programs au- centive, and resources from the Federal the National Governors’ Association thorized by that legislation. level for States to treat those individ- wrote to both the Republican and I do agree with my colleague; we uals as adults. So this amendment pro- Democratic leaders of the Senate last probably could do more. We certainly vides States with incentives to try ju- year and asked them to oppose this can do better. For that reason, Senator veniles as adults when they commit kind of intrusion into the domain of BIDEN and I have begun working on a armed violent crimes. State legislatures. significant and thorough review of the Specifically, this amendment encour- Mr. DURBIN. So under the provision act. ages States to try juveniles as adults of this amendment, only two States, In 1994, we created many new pro- when youth over 14 use firearms. This Mississippi and Kentucky, could re- grams, and we have spent hundreds of is not just any kind of crime, but when ceive Federal funds to try to deter ju- millions of dollars to fund them. I youth over 14 use firearms to commit venile crime? think it is time to examine what works murder, forcible rape, armed robbery, Mr. LEAHY. That is right. The other and what doesn’t as we look to reau- armed assault, and use firearms in 48 States would be cut out. thorizing this Act. Further, I think we major drug crimes. We have a real seri- Mr. DURBIN. This is a good idea for need to examine carefully whether and ous situation where young people are Mississippi and Kentucky. I don’t know what kind of additional programs are committing crimes that we once about the rest of us. necessary and appropriate. thought were reserved to adults. The Senator’s amendment raises an Mr. LEAHY. It kind of hurts the rest Juveniles should understand that we of us. important issue—the impact of domes- will not consider this to be some sort tic violence on children and what can Mr. President, how much time re- of status offense or delinquency, that mains? be done to alleviate this problem. I am the commission of real violent crime not prepared, however, at this time, to The PRESIDING OFFICER. One by juveniles will be treated as adult minute 27 seconds. endorse his solutions. crime. The unpleasant fact is that all I understand why the Senator would Mr. LEAHY. Mr. President, I have to too many juveniles commit serious oppose this. I have to oppose this, be- try to use this bill as a vehicle for his armed crime. The answer is to pros- amendment, but I disagree. Rather, cause, one, it would help only two ecute these crimes vigorously to the States in the country, Kentucky and these suggestions, along with others, full extent of the law. ought to be considered in the context Mississippi. It conditions the juvenile This amendment provides States accountability block grant in the bill of reauthorizing the Violence Against with substantial incentives to give Women Act. For example, several of to the other 48 States only if their leg- adult time to juveniles who commit islatures did something that they have the NEW grant programs proposed adult crimes. The purpose and thrust of sound to me as if they ought to be con- all refused to do. this amendment, thus, is very narrow. We are telling these other States sidered as a discretionary use of funds For a narrow range of crimes—murder, in existing VAWA programs. Further, that their legislatures are totally irrel- rape, robbery, assault, major drug evant; they must change their law be- whereas we have a major Act on the crimes—committed with a firearm, we books that deals with domestic vio- cause we know better here. I really provide Federal incentives and re- don’t think that is the way to go. I lence, the new Wellston grant pro- sources to try those criminals as adults grams contain a new and different defi- come from a State that has probably with adult penalties. the toughest juvenile laws in the coun- nition of domestic violence. Mr. Presi- It is with that in mind that this try, but I am not going to tell my dent, these are not the kind of changes amendment obviously is one which I State how they must do. Frankly, Mr. we should be making in the context of believe merits the support of all the President, I oppose the amendment. I a juvenile crime bill. Members of the Senate. Let me close by commending the Mr. DURBIN. Will the Senator yield hope the 48 States that would be cut Senator from Minnesota. But for the for a question? out by this would listen to what the reasons stated, I will at the appro- Mr. ASHCROFT. Yes. National Governors’ Association said priate time move to table his amend- Mr. DURBIN. How many States pres- when they, Republicans and Democrats ment because I think we are going to ently have laws on the books which im- alike, urged the Senate not to go for- work this out in the future. And let’s pose the penalty of add-ons for chil- ward with this. work it out in the appropriate bill. dren, those under the age of 14, for The PRESIDING OFFICER. The Sen- I yield back any further time we these crimes? ator from Utah. have. Mr. ASHCROFT. First of all, this Mr. HATCH. Mr. President, I made a AMENDMENT NO. 348 amendment refers to children 14 or mistake in the sequence. Number 358 Mr. HATCH. Mr. President, we now over, not under the age of 14. should follow immediately after No. move to the Ashcroft amendment No. Mr. DURBIN. How many States? 357, so I ask unanimous consent that 348. Mr. ASHCROFT. I don’t know the that be so. The PRESIDING OFFICER. The Sen- exact number of States, but a number The PRESIDING OFFICER. Without ator from Missouri. of States do. objection, it is so ordered.

VerDate jul 14 2003 13:40 Jan 13, 2005 Jkt 069102 PO 00000 Frm 00042 Fmt 0686 Sfmt 0634 E:\BR99\S18MY9.001 S18MY9 9886 CONGRESSIONAL RECORD—SENATE May 18, 1999 The Senator from Iowa. The PRESIDING OFFICER. The Sen- cially among young people? I think we PRIVILEGE OF THE FLOOR ator from Utah. should be. This amendment provides Mr. HARKIN. Mr. President, I ask Mr. HATCH. Mr. President, I ask for trying those as adults and provides unanimous consent that Tom unanimous consent that at 12:20 p.m. access to resources in return for so Hlavacek, a fellow on my staff, be on Wednesday the Senate resume the doing. granted the privilege of the floor for following amendments previously de- The PRESIDING OFFICER. The Sen- the pendency of this matter. bated to the pending juvenile justice ator’s time has expired. The PRESIDING OFFICER. Without bill: No. 357, No. 358, No. 360, and No. Mr. LEAHY. Mr. President, the rea- objection, it is so ordered. 361, with 10 minutes equally divided for son the Governors of these States, all The Senator from Utah. additional debate prior to the vote on of them, wrote to the Democratic and VOTE ON AMENDMENT NO. 359 or in relation to these amendments. Republican leaders in opposition to Mr. HATCH. Mr. President, I move to I further ask following disposition of this is it would knock out the juvenile table the Wellstone amendment and debate on each amendment, the amend- accountability block grant in the bill ask for the yeas and nays. ment be laid aside and at the hour of 1 to 48 of the States—48 of the States. The PRESIDING OFFICER. Is there a p.m. Wednesday, the Senate proceed to The only two that would get anything sufficient second? vote on or in relation to the amend- would be Kentucky and Mississippi. It There is a sufficient second. ments in the order in which they were would tell the other 48 States that The yeas and nays were ordered. offered, with 2 minutes prior to each their legislatures are irrelevant, their The PRESIDING OFFICER. The vote for explanation. laws are irrelevant. We know better. The PRESIDING OFFICER. Without question is on agreeing to the motion That is true even in some States that objection, it is so ordered. to table amendment No. 359. The yeas have tougher laws than this would pro- and nays have been ordered. The clerk Mr. HATCH. Mr. President, for the information of all Senators, the Senate pose. will call the roll. Because of that, I agree with the The assistant legislative clerk called will resume the juvenile justice bill at 10 a.m. on Wednesday, with Members Governors, Republican and Democrat; the roll. we should not override our States this Mr. REID. I announce that the Sen- offering new amendments from the list of amendments. However, votes will way. I oppose it. ator from New York (Mr. MOYNIHAN) is occur on previously offered amend- The PRESIDING OFFICER. The necessarily absent. question is on agreeing to the Ashcroft I further announce that, if present ments, beginning at 1 p.m. on Wednes- day, so I urge my colleagues to offer Amendment No. 348. The yeas and nays and voting, the Senator from New York have not been ordered. (Mr. MOYNIHAN) would vote ‘‘no.’’ their amendments in the morning for swift passage of the juvenile justice Mr. LEAHY. Mr. President, I ask for The result was announced—yeas 55, the yeas and nays. nays 44, as follows: bill. Mr. LEAHY. If the Senator will yield, The PRESIDING OFFICER. Is there a [Rollcall Vote No. 125 Leg.] if there are things we can do on the bill sufficient second? YEAS—55 tonight we will still do them but with- There is a sufficient second. Abraham Frist McConnell out recorded votes, is that correct? The yeas and nays were ordered. Allard Gorton Murkowski Mr. HATCH. We are going to be The PRESIDING OFFICER. The Ashcroft Gramm Nickles Bennett Grams Roberts working on the managers’ amendment question is on agreeing to the amend- Bond Grassley Roth this evening. ment. Brownback Gregg Santorum AMENDMENT NO. 348 The yeas and nays have been ordered. Bunning Hagel Sessions The PRESIDING OFFICER. There is The clerk will call the roll. Burns Hatch Shelby Campbell Helms The legislative clerk called the roll. Smith (NH) to be 2 minutes equally divided on the Chafee Hollings Smith (OR) Ashcroft amendment No. 348. Who Mr. REID. I announce that the Sen- Cochran Hutchinson Specter ator from New York (Mr. MOYNIHAN), is Collins Hutchison yields time? Coverdell Inhofe Stevens Mr. HATCH. Could I ask the Senator necessarily absent. Craig Jeffords Thomas to yield back his time? I further announce that, if present Crapo Kyl Thompson Mr. ASHCROFT. Mr. President, I am and voting, the Senator from New York DeWine Lott Thurmond Domenici Lugar Voinovich prepared to yield back my time if the (Mr. MOYNIHAN), would vote ‘‘no.’’ Enzi Mack Warner other side is prepared to yield back The result was announced—yeas 26, Fitzgerald McCain theirs. nays 73, as follows: NAYS—44 Mr. LEAHY. In fairness to the Sen- [Rollcall Vote No. 126 Leg.] Akaka Edwards Lieberman ator from Missouri, I will speak for 30 YEAS—26 seconds on this. Baucus Feingold Lincoln Abraham Craig Johnson Bayh Feinstein Mikulski The PRESIDING OFFICER. The Sen- Allard Domenici Lott Biden Graham Murray ator from Missouri. Ashcroft Fitzgerald Lugar Bingaman Harkin Reed Mr. ASHCROFT. Mr. President, vio- Bond Frist McConnell Boxer Inouye Reid Bunning Gramm Breaux Johnson lent crime by juveniles is a major prob- Murkowski Robb Byrd Helms Smith (NH) Bryan Kennedy Rockefeller lem: forcible rape, murder, armed rob- Campbell Hutchinson Byrd Kerrey Thurmond Sarbanes bery, armed assault. This amendment Cochran Hutchison Cleland Kerry Warner Schumer Coverdell Inhofe Conrad Kohl simply says if you are going to commit Snowe Daschle Landrieu armed robbery, forcible rape with the NAYS—73 Dodd Lautenberg Torricelli use of a firearm, murder using a fire- Akaka DeWine Inouye Dorgan Leahy Wellstone arm, assault using a firearm, or major Baucus Dodd Jeffords Durbin Levin Wyden drug crimes using a firearm, you Bayh Dorgan Kennedy NOT VOTING—1 Bennett Durbin Kerrey should be tried as an adult. This is a Biden Edwards Kerry Moynihan way of sending the clearest message Bingaman Enzi Kohl The motion was agreed to. that adult crime deserves adult time Boxer Feingold Kyl Several Senators addressed the and that use of a firearm is unaccept- Breaux Feinstein Landrieu Brownback Gorton Lautenberg Chair. able. Chapter 44 in the code addresses Bryan Graham Leahy Mr. HATCH. Mr. President, I move to the use of a firearm over and over Burns Grams Levin reconsider the vote. again. Use of firearms is something we Chafee Grassley Lieberman Mr. STEVENS. I move to lay that Cleland Gregg Lincoln care about federally. We spend a lot of Collins Hagel Mack motion on the table. time debating it. Conrad Harkin McCain The motion to lay on the table was The question is, are we serious about Crapo Hatch Mikulski agreed to. curtailing the use of firearms, espe- Daschle Hollings Murray

VerDate jul 14 2003 13:40 Jan 13, 2005 Jkt 069102 PO 00000 Frm 00043 Fmt 0686 Sfmt 0634 E:\BR99\S18MY9.001 S18MY9 May 18, 1999 CONGRESSIONAL RECORD—SENATE 9887 Nickles Sarbanes Thomas stormed a prayer group meeting before What is at stake is no less than this Reed Schumer Thompson school, killed three teenaged girls, and Nation’s most precious resource, our Reid Sessions Torricelli Robb Shelby Voinovich wounded five more students. It was re- number one asset—our children. As the Roberts Smith (OR) Wellstone ported that the teen killer may have writer James Agee said, ‘‘In every child Rockefeller Snowe Wyden been teased by members of the prayer who is born, under no matter what cir- Roth Specter Santorum Stevens group as well as members of the cumstances, and of no matter what school’s football team. parents, the potentiality of the human NOT VOTING—1 In interviews with the neighbors of race is born again.’’ Mr. President, on Moynihan the Littleton killers, each one—almost behalf of America’s children, I am very The amendment (No. 348) was re- without exception—saw little sign of pleased that the Lieberman amend- jected. the tragedy that lay ahead. These are ment has been accepted by both sides Mr. LEAHY. I move to reconsider the the words of one of those neighbors: and is part of this important legisla- vote. I turn on the news and I see their house, tion. Mr. HATCH. I move to lay that mo- and I think, ‘‘That’s my house! . . . It’s the tion on the table. exact same house, the same windows, same f driveway, same trim, everything except the The motion to lay on the table was color. I lie in bed thinking: 200 feet from my MORNING BUSINESS agreed to. bedroom is where the guy conceived this idea Mr. HATCH. Mr. President, I ask Mr. CLELAND. Mr. President, Win- to destroy everything we thought we had. unanimous consent that the Senate ston Churchill once said that we build Everything you thought you knew about now proceed to a period of morning our homes, then our homes build us. I your neighborhood, your schools, your business with Senators permitted to can say happily that my home built churches—all just shattered. Vaporized. We speak for up to 10 minutes each. me! I was fortunate to have had a great feel like we are at ground zero.’’ The PRESIDING OFFICER. Without childhood—with two wonderful par- What causes two seemingly ‘‘normal’’ objection, it is so ordered. ents, a great church, and more than a teenagers to go on a killing rampage? few wise and supportive teachers Is it a change in our culture? Is it our f marketing of violent movies like ‘‘The throughout my school years. I grew up THE VERY BAD DEBT BOXSCORE in Lithonia, Georgia, in a community Basketball Diaries’’ and gory video that cared. Unfortunately, not all chil- games like ‘‘Doom?’’ Is it access to Mr. HELMS. Mr. President, at the dren growing up in America today are Internet recipes for building bombs? Is close of business yesterday, Monday, so blessed. Not all children have homes it the plight of ‘‘latchkey’’ kids who May 17, 1999, the federal debt stood at that shape and prepare them to deal come home every day after school to $5,587,730,041,115.05 (Five trillion, five an empty house? What is the WHY of with the culture of violence in the hundred eighty-seven billion, seven Littleton? What are the toxic factors world today. hundred thirty million, forty-one thou- Back in the 50s, my action heroes that are producing the alarming trend sand, one hundred fifteen dollars and in this country where young people set- were Roy Rogers, the Lone Ranger, and five cents). tle their grievances with mass mur- Gene Autry. They were the good guys, Five years ago, May 17, 1994, the fed- ders? eral debt stood at $4,588,709,000,000 who righted wrong and always got the I am proud to be a cosponsor of the girl. A witness at a Commerce Com- (Four trillion, five hundred eighty- amendment by Senator LIEBERMAN mittee hearing 2 weeks ago described eight billion, seven hundred nine mil- which would create a National Com- lion). today’s action heroes: Teenage Mutant mission on Youth Violence. It will Ninja Turtles and Mighty Morphin Ten years ago, May 17, 1989, the fed- bring together religious leaders, edu- eral debt stood at $2,781,561,000,000 (Two Power Rangers, whose TV show, we cators, Cabinet heads, experts in par- were told, averaged 100 acts of violence trillion, seven hundred eighty-one bil- enting, in law enforcement, and psy- lion, five hundred sixty-one million). every single episode. chology all focused on a single mission: When I was in school, the strongest Fifteen years ago, May 17, 1984, the To understand what factors conspire to federal debt stood at $1,486,043,000,000 drug around was aspirin, and the most create a Littleton and what actions we lethal weapon was a sling shot. Last (One trillion, four hundred eighty-six can take to address the possible causes billion, forty-three million). year, over 6,000 students were expelled of youth violence. The task will not be for carrying a weapon to school—and Twenty-five years ago, May 17, 1974, easy and the answers will not be sim- the federal debt stood at $469,577,000,000 most said they carried the weapon ‘‘out ple. But this amendment is a critically of a need for protection.’’ So far this (Four hundred sixty-nine billion, five important step in addressing the cul- hundred seventy-seven million) which year—and the year is only 5 months ture of violence that is pervading every reflects a debt increase of more than $5 old—19 young people have met a vio- segment of our society. trillion—$5,118,153,041,115.05 (Five tril- lent death while in school. Our schools It is obvious to me that we are in a were once safe havens in this country, cultural war in this country for the lion, one hundred eighteen billion, one and there is something very wrong, as hearts and minds of our young people. hundred fifty-three million, forty-one President Clinton points out, ‘‘when And in anything and everything we can thousand, one hundred fifteen dollars kids are more worried about guns and do to help and strengthen our children and five cents) during the past 25 years. violence than math and science.’’ through safe schools, through smaller f The underlying fear of Littleton is classrooms, through greater adult BUDGET SCOREKEEPING REPORT that it is symptomatic of a broader interaction and support, we should ab- pattern of youth violence in this coun- solutely do. This Congress has a role. Mr. DOMENICI. Mr. President, I try. Events at Columbine High echo And one of the things we can—and hereby submit to the Senate the budg- the school shootings in Springfield, should do—is to adopt the Lieberman et scorekeeping report prepared by the OR, when a student invaded the cafe- amendment. The national commission Congressional Budget Office under Sec- teria, killed a fellow student, and will seek answers to the perplexing tion 308(b) and in aid of Section 311 of wounded 22 others. It echoes events in questions of how we deal with the the Congressional Budget Act of 1974, Jonesboro, AR, where two Middle hearts and minds of our youngsters in as amended. This report meets the re- School students opened fire, killing this cultural war. And, sadly enough, quirements for Senate scorekeeping of five students all under the age of 13 and like real war, there are casualties. Section 5 of S. Con. Res. 32, the First wounding 10 others. One of the young Littleton, CO is an example of that. Concurrent Resolution on the Budget killers was reportedly angry over the Our hope is that we can take some for 1986. breakup with his girlfriend. It echoes positive action that mitigates the This report, my first for fiscal year the West Paducah, KY murders in death and destruction of the Columbine 1999, shows the effects of congressional which a fourteen-year-old student tragedy. action on the budget through May 7,

VerDate jul 14 2003 13:40 Jan 13, 2005 Jkt 069102 PO 00000 Frm 00044 Fmt 0686 Sfmt 0634 E:\BR99\S18MY9.001 S18MY9 9888 CONGRESSIONAL RECORD—SENATE May 18, 1999 1999. The estimates of budget author- TABLE 2.—SUPPORTING DETAIL FOR THE FISCAL YEAR policy more consumer friendly and ity, outlays, and revenues are con- 1999 ON-BUDGET SENATE CURRENT LEVEL REPORT, AS market oriented. Included in my rec- sistent with the technical and eco- OF CLOSE OF BUSINESS, MAY 7, 1999 ommendations was an overhaul of nomic assumptions of S. Res. 209, a res- [In millions of dollars] Class I differentials which set the olution to provide budget levels in the prices that farmers receive for fluid Budget au- Senate for purposes of fiscal year 1999, thority Outlays Revenues milk. Shortly thereafter, USDA re- as amended by S. Res. 312. The esti- leased its proposed rule for milk mar- Enacted in Previous Sessions: mates show that current level spending Revenues ...... 1,359,099 keting order reform. The proposed rule is above the budget resolution by $0.6 Permanents and other contained seven different options for spending legislation ...... 919,197 880,664 ...... pricing structures and noted Secretary billion in budget authority and above Appropriation legislation ..... 820,578 813,989 ...... Offsetting receipts ...... ¥296,825 ¥296,827 ...... Glickman’s preference for the more the budget resolution by $0.2 billion in market-oriented ‘‘Option 1B’’ for pric- outlays. Current level is $0.2 billion Total previously enacted 1,442,950 1,397,826 1,359,099 Entitlements and Mandatories: ing Class I milk. On February 25, 1998, above the revenue floor in 1999. The Budget resolution baseline I again wrote to Secretary Glickman in current estimate of the deficit for pur- estimates of appropriated entitlements and other support of his commitment to a more poses of calculating the maximum def- mandatory programs not yet enacted ...... 10,143 13,661 ...... market-oriented approach and made icit amount is $52.4 billion, less than Totals: recommendations for other changes $50 million above the maximum deficit Total Current Level ...... 1,453,093 1,411,487 1,359,099 Total Budget Resolution ...... 1,452,512 1,411,334 1,358,919 that modernize federal dairy policy. amount for 1999 of $52.4 billion. Amount remaining: The contents of the final rule were Under Budget Resolution ...... I ask unanimous consent that the re- Over Budget Resolution .. 581 153 180 highly controversial. No one interested port and transmittal letter dated May in dairy policy—producers, processors Source: Congressional Budget Office. 12, 1999, be printed in the RECORD. or consumers—was satisfied. Con- f tradictory bills to amend portions of There being no objection, the mate- DAIRY POLICY REFORM the final rule were introduced in both rial was ordered to be printed in the chambers of Congress. If I had written RECORD, as follows: Mr. LUGAR. Mr. President, Sec- the final rule, I would have made some U.S. CONGRESS, retary of Agriculture Glickman re- changes also. CONGRESSIONAL BUDGET OFFICE, cently announced reforms for the Fed- However, we should reflect on the en- Washington, DC, May 12, 1999. eral milk marketing order system. tire rule and the process that led to its Hon. PETE V. DOMENICI, These reforms were authorized by the promulgation. Because of the com- Chairman, Committee on the Budget, 1996 farm bill in an effort to modernize U.S. Senate, Washington, DC. plexity of, and controversies sur- and streamline an out-dated and ar- rounding, dairy policy, Congress, in the DEAR MR. CHAIRMAN: The enclosed report, cane structure for pricing the nation’s 1996 farm bill, gave USDA the responsi- my first for fiscal year 1999, shows the effects milk. As was the case with other com- bility to draw upon its expertise, con- of Congressional action on the 1999 budget modities, the farm bill intended that and is current through May 7, 1999. The esti- sult with the public and design a Federal dairy policy be more modern thoughtful milk marketing reform pol- mates of budget authority, outlays, and rev- and market-oriented to reflect innova- enues are consistent with the technical and icy. USDA spent three years formu- tions in the milk industry and to posi- economic assumptions of S. Res. 209, a reso- lating the reforms contained in the lution to provide budget levels in the Senate tion the United States to become a final rule. During this process, the de- for purposes of fiscal year 1999, as amended major trader in world markets. In an- partment received more than 8,000 by S. Res. 312. This report is submitted under nouncing the reforms, Secretary Glick- comments from interested parties. The section 308(b) and in aid of section 311 of the man said, ‘‘These reforms will help final rule, though not perfect, is more Congressional Budget Act, as amended. make sure that America’s dairy farm- equitable to all the nation’s dairy Sincerely, ers receive a fair price and that Amer- farmers and pro-consumer. It is a good DAN L. CRIPPEN, ican consumers continue to enjoy an first step toward a policy that places Director. abundant, affordable supply of milk. the nation’s dairy industry in a posi- Enclosures. Our changes will also simplify the tion to better meet the challenges of wholesale milk pricing system, making the global markets of the new century. TABLE 1.—FISCAL YEAR 1999 SENATE CURRENT LEVEL it more market-oriented and more eq- When we begin deliberations on the REPORT, AS OF CLOSE OF BUSINESS, MAY 7, 1999 uitable.’’ The changes are positive next farm bill, we will have an oppor- [In billions of dollars] steps toward accomplishing the goals tunity to review and develop additional stated by the secretary. The new struc- Current market-oriented reforms for dairy pol- Budget res- ture is more market-oriented, more olution S. Current level over/ icy. But, I am convinced that the Con- level under reso- beneficial to consumers and more equi- Res. 312 lution gress cannot improve upon the depart- table to farmers across the Nation. ment’s good-faith, balanced effort ei- ON-BUDGET During consideration of the 1996 farm ther in committee or on the Senate Budget Authority ...... 1,452.5 1,453.1 0.6 bill, Congress could not agree on a pol- Outlays ...... 1,411.3 1,411.5 0.2 floor. If dairy farmers approve the new Revenues: icy to modernize milk marketing or- policy in referenda in their order areas, 1999 ...... 1,358.9 1,359.1 0.2 ders. The task of designing a consumer- 1999–2003 ...... 7,187.0 7,187.7 0.7 we should allow the final rule to be im- Deficit ...... 52.4 52.4 (1) friendly and market-oriented program plemented on October 1, as scheduled, Debt Subject to Limit ...... (2) 5,620.2 NA was turned over to the Department of without intervening legislation and I OFF-BUDGET Agriculture. The Secretary was given will work toward that end. Social Security Outlays: until 1999 to design this new policy. In f 1999 ...... 321.3 321.3 0.0 the interim between 1996 and 1999, Con- 1999–2003 ...... 1,720.7 1,720.7 0.0 Social Security Revenues: gress allowed the northeast region of PARTICIPATION IN CLINICAL 1999 ...... 441.7 441.7 (1) the country to set up a dairy compact TRIALS—A BASIC HEALTH CARE ¥ 1999–2003 ...... 2,395.6 2,395.5 0.1 in which producers could receive a RIGHT 1 Less than $50 million. higher price for their milk. Authority Mr. KENNEDY. Mr. President, a re- 2 Not included in S. Res. 312. NA = Not applicable. for the compact was scheduled to end cent article in the New York Times Note.—Current level numbers are the estimated revenue and direct with the implementation of the new demonstrates the importance of clin- spending effects of all legislation that the Congress has enacted or sent to milk marketing order policy. ical trials in treating cancer and the the President for his approval. In addition, full-year funding estimates under current law are included for entitlement and mandatory programs requiring On January 2, 1998, as Secretary serious problems that patients and re- annual appropriations even if the appropriations have not been made. The Glickman prepared to consider changes searchers are now facing because of the current level of debt subject to limit reflects the latest information from the U.S. Treasury. to federal dairy policy, I wrote to him lack of adequate enrollment in these Source: Congressional Budget Office. suggesting several ways to make dairy trials.

VerDate jul 14 2003 13:40 Jan 13, 2005 Jkt 069102 PO 00000 Frm 00045 Fmt 0686 Sfmt 0634 E:\BR99\S18MY9.001 S18MY9 May 18, 1999 CONGRESSIONAL RECORD—SENATE 9889 Clinical trials are the primary means more patients suffer. Congress has an NOTICE ON CONTINUATION OF of testing new therapies for serious dis- obligation to act. EMERGENCY WITH RESPECT TO eases. In fact, these trials may be the I ask unanimous consent that the ar- BURMA—MESSAGE FROM THE only available treatment for patients ticle from the New York Times may be PRESIDENT—PM 29 whose conditions have failed to respond printed in the RECORD. The PRESIDING OFFICER laid be- to conventional therapies. There being no objection, the article fore the Senate the following message The survey by the American Society was ordered to be printed in the from the President of the United of Clinical Oncologists discussed in the RECORD, as follows: States, together with an accompanying article found that less than five per- [From the New York Times, May 16, 1999] report; which was referred to the Com- cent of cancer patients in the country FEW TAKE PART IN CANCER TESTS, SLOWING mittee on Banking, Housing, and are enrolled in clinical trials—al- RESEARCH, SURVEY FINDS Urban Affairs. though 20 percent are eligible to par- ATLANTA, May 15 (AP).—Fewer than 5 per- ticipate and would often receive better cent of cancer patients in the nation take To the Congress of the United States: quality care if they did. As the article part in experiments to test new treatments, Section 202(d) of the National Emer- points out, ‘‘Patients who participate a figure at least four times lower than ideal gencies Act (50 U.S.C. 1622(d)) provides receive at least state-of-the-art treat- if the most pressing cancer questions are to for the automatic termination of a na- ment and often get to take advantage be answered quickly, according to a survey tional emergency unless, prior to the of otherwise unavailable approaches.’’ released today. anniversary date of its declaration, the Several barriers exist to enrolling pa- ‘‘We need clinical trials to know what President publishes in the Federal Reg- works and what doesn’t,’’ said Dr. Allen ister and transmits to the Congress a tients in clinical trials. But a critical Lichter, president of the American Society element is the increasing reluctance of of Clinical Oncology. notice stating that the emergency is to HMOs and other managed care plans to Cancer experts almost universally endorse continue in effect beyond the anniver- allow their enrollees to participate in the need for patients to participate in formal sary date. In accordance with this pro- such trials or to pay the routine hos- studies, but data on how many do so have vision, I have sent the enclosed notice pitals costs of their participation is a been scarce. So the oncology society, the na- to the Federal Register for publication, critical element. Until recently, health tion’s largest group of cancer practitioners, stating that the emergency declared insurance routinely paid for the doctor commissioned a survey of about 7,000 of its with respect to Burma is to continue in members and released the results at its an- effect beyond May 20, 1999. and hospital costs associated with clin- nual meeting here. ical trials. But managed care is reduc- The survey found that about 40,000 Ameri- As long as the Government of Burma ing that commitment. Today, managed cans—3 percent to 5 percent of those found to continues its policies of committing care plans often will not permit their have cancer each year—are enrolled in stud- large-scale repression of the demo- patients to enroll in clinical trials, and ies of the disease. Far more patients could cratic opposition in Burma, this situa- they will not pay for their participa- take part in the experiments, which doctors tion continues to pose an unusual and tion when they choose to do so on their call clinical trials, the study found. extraordinary threat to the national own. The survey estimated that about 20 per- security and foreign policy of the cent of cancer patients would be eligible to United States. For this reason, I have The American Association of Health participate in the studies taking place of Plans—the HMO trade association—has their kinds of conditions. determined that it is necessary to recognized that plans should encourage Dr. Ezekiel Emmanuel of the National In- maintain in force these emergency au- patients to participate in clinical stitutes of Health, the study’s primary authorities beyond May 20, 1999. trials, where medically appropriate. thor, said doctors should try to enroll the WILLIAM J. CLINTON. But, too often, there is little or no par- entire 20 percent. THE WHITE HOUSE, May 18, 1999. The experiments typically test new medi- ticipation. f The decision to enter a clinical trial cines or combinations of drugs to see wheth- should be made by the treating physi- er they work better than standard ap- MESSAGES FROM THE HOUSE proaches. Patients who participate receive at cian and the patient. Yet the survey least state-of-the-art treatment and often At 2:23 p.m., a message from the showed that only about half of eligible get to take advantage of otherwise unavail- House of Representatives, delivered by patients are even told such trials are able approaches. Mr. Hays, one of its reading clerks, an- available. Only about half of eligible patients are told nounced that the House has passed the S. 6, the Patients’ Bill of Rights, and the studies are available. And only 20 per- following bill, in which it requests the its companion bill, HR 358, require cent of cancer specialists have time set aside concurrence of the Senate: to do this kind of cancer research. health insurance plans to allow their H.R. 1555. An act to authorize appropria- enrollees to participate in quality clin- The survey found that a doctor’s cost of enrolling and keeping a single patient in a tions for fiscal year 200 for intelligence and ical trials sponsored by the NIH, the clinical trial averages $2,000. intelligence-related activities of the United Department of Defense, and the Vet- The National Cancer Institute, the single States Government, the Community Man- erans Administration. The lack of ac- largest sponsor of these studies, pays doctors agement Account, and the Central Intel- cess highlighted by the article clearly $750 a patient for this work, while pharma- ligence Agency Retirement and Disability demonstrates the need for passage of ceutical companies’ average payment is System, and for other purposes. the Patients’ Bill of Rights. Without about $2,500. ENROLLED BILL SIGNED the protections in that bill, patients f The message also announced that the Speaker has signed the following en- will not be guaranteed the right to par- MESSAGES FROM THE PRESIDENT ticipate in these life-saving trials. Vir- rolled bill: tually every major cancer group in the Messages from the President of the H.R. 669. An act to amend the Peace Corps nation has endorsed the Patients’ Bill United States were communicated to Act to authorize appropriations for fiscal of Rights, and highlighted the clinical the Senate by Mr. Williams, one of his years 2000 through 2003 to carry out that Act, trials provision as a major reason for secretaries. and for other purposes. enactment. EXECUTIVE MESSAGES REFERRED The enrolled bill was signed subse- Patients are dying and cures of the As in executive session the Presiding quently by the President pro tempore future are being delayed. Patients de- Officer laid before the Senate messages (Mr. THURMOND). serve this opportunity for life. The from the President of the United f rights guaranteed in the Patients’ Bill States submitting sundry nominations of Rights are essential for patients which were referred to the appropriate MEASURE PLACED ON THE with cancer, congestive heart failure, committees. CALENDAR lupus, Alzheimer’s Disease, Parkin- (The nominations received today are The following bill was read the first son’s Disease, diabetes, and many other printed at the end of the Senate pro- and second times and placed on the cal- deadly illnesses. Every day we delay ceedings.) endar:

VerDate jul 14 2003 13:40 Jan 13, 2005 Jkt 069102 PO 00000 Frm 00046 Fmt 0686 Sfmt 0634 E:\BR99\S18MY9.001 S18MY9 9890 CONGRESSIONAL RECORD—SENATE May 18, 1999 H.R. 1555. An act to authorize appropria- cation Service, Federal Aviation Adminis- EC–3038. A communication from the Pro- tions for fiscal year 2000 for intelligence and tration, Department of Transportation, gram Analyst, Office of the Chief Counsel, intelligence-related activities of the United transmitting, pursuant to law, the report of Federal Aviation Administration, Depart- States Government, the Community Man- a rule entitled ‘‘Airworthiness Directives; ment of Transportation, transmitting, pur- agement Account, and the Central Intel- Empressa Brasileira de Aeronautica S.A. suant to law, the report of a rule entitled ligence Agency Retirement and Disability (EMBRAER) Model EMB–145 Series Air- ‘‘Revision of Class E Airspace; Shreveport, System, and for other purposes. planes; Docket No. 99–NM–93–AD; Amend- LA; Request for Comments; Docket No. 99– ment 39–11159; AD 99–10–05’’ (RIN2120–AA64), f ASW–10/5–5 (5–6)’’ (RIN2120–AA66) (1999–0172), received May 4, 1999; to the Committee on received May 4, 1999; to the Committee on EXECUTIVE AND OTHER Commerce, Science, and Transportation. Commerce, Science, and Transportation. COMMUNICATIONS EC–3031. A communication from the Pro- EC–3039. A communication from the Pro- gram Support Specialist, Aircraft Certifi- The following communications were gram Analyst, Office of the Chief Counsel, cation Service, Federal Aviation Adminis- Federal Aviation Administration, Depart- laid before the Senate, together with tration, Department of Transportation, accompanying papers, reports, and doc- ment of Transportation, transmitting, pur- transmitting, pursuant to law, the report of suant to law, the report of a rule entitled uments, which were referred as indi- a rule entitled ‘‘Airworthiness Directives; ‘‘Revision of Class E Airspace; Barter Island, Avions Pierre Robin Model R2160 Airplanes; cated: AK; Docket No. 99–AAL–21/4–20 (4–22)’’ Docket No. 98–CE–81–AD’’ (RIN2120–AA64), EC–3024. A communication from the Pro- (RIN2120–AA66) (1999–0140), received April 22, received May 4, 1999; to the Committee on gram Support Specialist, Aircraft Certifi- 1999; to the Committee on Commerce, Commerce, Science, and Transportation. cation Service, Federal Aviation Adminis- EC–3032. A communication from the Pro- Science, and Transportation. tration, Department of Transportation, gram Support Specialist, Aircraft Certifi- EC–3040. A communication from the Pro- transmitting, pursuant to law, the report of cation Service, Federal Aviation Adminis- gram Analyst, Office of the Chief Counsel, a rule entitled ‘‘Airworthiness Directives; tration, Department of Transportation, Federal Aviation Administration, Depart- Request for Comments; Bell Helicopter Tex- transmitting, pursuant to law, the report of ment of Transportation, transmitting, pur- tron Canada Model 407 Helicopters; Docket a rule entitled ‘‘Airworthiness Directives; suant to law, the report of a rule entitled No. 99–SW–16–AD’’ (RIN2120–AA64), received Bell Helicopter Textron Canada Model 230 ‘‘Revision of Class E Airspace; Soldatna, AK; April 9, 1999; to the Committee on Com- Helicopters; Docket No. 98–SW–48–AD’’ Docket No. 99–AAL–22/4–20 (4–22)’’ (RIN2120– merce, Science, and Transportation. (RIN2120–AA64), received April 22, 1999; to the AA66) (1999–0139), received April 22, 1999; to EC–3025. A communication from the Pro- Committee on Commerce, Science, and the Committee on Commerce, Science, and gram Support Specialist, Aircraft Certifi- Transportation. Transportation. cation Service, Federal Aviation Adminis- EC–3033. A communication from the Pro- EC–3041. A communication from the Pro- tration, Department of Transportation, gram Support Specialist, Aircraft Certifi- gram Analyst, Office of the Chief Counsel, transmitting, pursuant to law, the report of cation Service, Federal Aviation Adminis- Federal Aviation Administration, Depart- a rule entitled ‘‘Airworthiness Directives; tration, Department of Transportation, ment of Transportation, transmitting, pur- Boeing Model 747 Series Airplanes; Docket transmitting, pursuant to law, the report of suant to law, the report of a rule entitled No. 98–NM–163–AD; Amendment 39–11106; AD a rule entitled ‘‘Airworthiness Directives; ‘‘Revision of Class E Airspace; Port Heiden, 99–08–02’’ (RIN2120–AA64), received April 9, Avions Pierre Robin Model R2160 Airplanes; AK; Docket No. 98–AAL–25/4–20 (4–22) 4/20/99’’ 1999; to the Committee on Commerce, Docket No. 98–CE–79–AD’’ (RIN2120–AA64), (RIN2120–AA66) (1999–0137), received April 22, Science, and Transportation. received May 4, 1999; to the Committee on 1999; to the Committee on Commerce, EC–3026. A communication from the Pro- Commerce, Science, and Transportation. Science, and Transportation. gram Support Specialist, Aircraft Certifi- EC–3034. A communication from the Pro- EC–3042. A communication from the Pro- cation Service, Federal Aviation Adminis- gram Support Specialist, Aircraft Certifi- gram Analyst, Office of the Chief Counsel, tration, Department of Transportation, cation Service, Federal Aviation Adminis- Federal Aviation Administration, Depart- transmitting, pursuant to law, the report of tration, Department of Transportation, ment of Transportation, transmitting, pur- a rule entitled ‘‘Airworthiness Directives; transmitting, pursuant to law, the report of suant to law, the report of a rule entitled Avions Pierre Robin Model R2160 Airplanes; a rule entitled ‘‘Airworthiness Directives; ‘‘Revision of Class E Airspace; Lake Charles; Docket No. 98–CE–82–AD’’ (RIN2120–AA64), Robinson Helicopter Company Model R44 Direct Final Rule; Correction; Docket No. received April 9, 1999; to the Committee on Helicopters; Docket No. 99–SW–25–AD’’ 99–ASW–04/4–20 (4–22)’’ (RIN2120–AA66) (1999– Commerce, Science, and Transportation. (RIN2120–AA64), received April 19, 1999; to the 0136), received April 22, 1999; to the Com- EC–3027. A communication from the Pro- Committee on Commerce, Science, and mittee on Commerce, Science, and Transpor- gram Support Specialist, Aircraft Certifi- Transportation. tation. cation Service, Federal Aviation Adminis- EC–3035. A communication from the Pro- EC–3043. A communication from the Pro- tration, Department of Transportation, gram Analyst, Office of the Chief Counsel, gram Analyst, Office of the Chief Counsel, transmitting, pursuant to law, the report of Federal Aviation Administration, Depart- Federal Aviation Administration, Depart- a rule entitled ‘‘Airworthiness Directives; ment of Transportation, transmitting, pur- ment of Transportation, transmitting, pur- Lockheed Model L–1011–385 Series Airplanes; suant to law, the report of a rule entitled suant to law, the report of a rule entitled Docket No. 97–NM–315–AD; Amendment 39– ‘‘Amendment to Macon-Fowler Municipal ‘‘Revision of Class E Airspace; Eieison Air 11128; AD 99–08–20’’ (RIN2120–AA64), received Airport Class E Airspace Area, MO; Direct Force Base, AK; Docket No. 99–AAL–1/4–20 (4– April 15, 1999; to the Committee on Com- Final Rule; Request for Comments; Docket 22)’’ (RIN2120–AA66) (1999–0138), received merce, Science, and Transportation. No. 99–ACE–20/4–20 (4–22)’’ (RIN2120–AA66) April 22, 1999; to the Committee on Com- EC–3028. A communication from the Pro- (1999–0142), received April 22, 1999; to the merce, Science, and Transportation. gram Support Specialist, Aircraft Certifi- Committee on Commerce, Science, and cation Service, Federal Aviation Adminis- Transportation. EC–3044. A communication from the Pro- tration, Department of Transportation, EC–3036. A communication from the Pro- gram Analyst, Office of the Chief Counsel, transmitting, pursuant to law, the report of gram Analyst, Office of the Chief Counsel, Federal Aviation Administration, Depart- a rule entitled ‘‘Airworthiness Directives; Federal Aviation Administration, Depart- ment of Transportation, transmitting, pur- Robinson Helicopter Company Model R22 ment of Transportation, transmitting, pursuant to law, the report of a rule entitled Helicopters; Docket No. 99–SW–24–AD’’ suant to law, the report of a rule entitled ‘‘FAA Policy on Enforcement of the Haz- (RIN2120–AA64), received April 15, 1999; to the ‘‘Amendment of Stockton Municipal Airport ardous Materials Regulations; Penalty Committee on Commerce, Science, and Class E Airspace Area, MO; Direct Final Guidelines; General Statement of Policy’’ Transportation. Rule; Confirmation of Effective Date; Docket (RIN2120–ZZ18), received April 22, 1999; to the EC–3029. A communication from the Pro- No. 99–ACE–7/5–7 (5–6)’’ (RIN2120–AA66) (1999– Committee on Commerce, Science, and gram Support Specialist, Aircraft Certifi- 0173), received May 4, 1999; to the Committee Transportation. cation Service, Federal Aviation Adminis- on Commerce, Science, and Transportation. EC–3045. A communication from the Pro- tration, Department of Transportation, EC–3037. A communication from the Pro- gram Analyst, Office of the Chief Counsel, transmitting, pursuant to law, the report of gram Analyst, Office of the Chief Counsel, Federal Aviation Administration, Depart- a rule entitled ‘‘Airworthiness Directives; Federal Aviation Administration, Depart- ment of Transportation, transmitting, pur- Dornier Model 328–100 Series Airplanes; ment of Transportation, transmitting, pursuant to law, the report of a rule entitled Docket No. 98–NM–157–AD; Amendment 39– suant to law, the report of a rule entitled ‘‘Amendment to Harlan Municipal Airport 11114; AD 99–08–08’’ (RIN2120–AA64), received ‘‘Revision of Class E Airspace; Galveston, Class E Airspace, IA; Request for Comments; April 19, 1999; to the Committee on Com- TX; Request for Comments; Docket No. 99– Docket No. 99–ACE–22/5–7 (5–6)’’ (RIN2120– merce, Science, and Transportation. ASW–09/5–5 (5–6)’’ (RIN2120–AA66) (1999–0171), AA66)(1999–0174), received May 4, 1999; to the EC–3030. A communication from the Pro- received May 4, 1999; to the Committee on Committee on Commerce, Science, and gram Support Specialist, Aircraft Certifi- Commerce, Science, and Transportation. Transportation.

VerDate jul 14 2003 13:40 Jan 13, 2005 Jkt 069102 PO 00000 Frm 00047 Fmt 0686 Sfmt 0634 E:\BR99\S18MY9.001 S18MY9 May 18, 1999 CONGRESSIONAL RECORD—SENATE 9891 EC–3046. A communication from the Under dimethoxyphenyl)-1-oxo-2- plementation Plans; Utah; Foreword and Secretary for Oceans and Atmosphere, De- propenly)morpholine; Pesticide Tolerances’’ Definitions, Revision to Definition for Sole partment of Commerce, transmitting, pursu- (FRL # 6079–5), received May 5, 1999; to the Source of Heat and Emissions Standards ant to law, the annual report of the Coastal Committee on Agriculture, Nutrition, and Nonsubstantive Changes; General Require- Zone Management Fund for fiscal year 1998; Forestry. ments, Open Burning and Nonsubstantive to the Committee on Commerce, Science, EC–3056. A communication from the Direc- Changes; and Foreword and Definitions, Ad- and Transportation. tor, Office of Regulatory Management and dition of Definition for PM10 Nonattainment EC–3047. A communication from the Gen- Information, Environmental Protection Area’’ (FRL # 6340–1), ‘‘Approval and Pro- eral Counsel, Department of Defense, trans- Agency, transmitting, pursuant to law, the mulgation of Implementation Plans under mitting, pursuant to law, a report relative to report of two rules entitled ‘‘Methacrylic Co- Section 112(l); State of Iowa’’ (FRL # 6340–3) prisoner transfers; to the Committee on polymer; Exemption from the Requirement and ‘‘Approval and Promulgation of Imple- Armed Services. of a Tolerance’’ (FRL # 6077–7) and mentation Plans; California State Imple- EC–3048. A communication from the Con- ‘‘Sulfosulfuro; Pesticide Tolerance’’ (FRL # mentation Plan Revisions, Mojave Desert gressional Review Coordinator, Regulatory 6078–4), received May 11, 1999; to the Com- Air Quality Management District and Analysis and Development, Policy and Pro- mittee on Agriculture, Nutrition, and For- Tehama County Air Pollution Control Dis- gram Development, Animal and Plant Health estry. trict’’ (FRL # 6334–5), received May 6, 1999; to Inspection Service, Department of Agri- EC–3057. A communication from the Direc- the Committee on Environment and Public culture, transmitting, pursuant to law, the tor, Office of Regulatory Management and Works. report of a rule entitled ‘‘Commuted Travel- Information, Environmental Protection EC–3061. A communication from the Direc- time Periods: Overtime Services Relating to Agency, transmitting, pursuant to law, the tor, Ofice of Regulatory Management and In- Imports and Exports’’, received May 11, 1999; report a rule entitled ‘‘Emamectin Benzoate; formation, Office of Policy, Planning and to the Committee on Agriculture, Nutrition, Pesticide Tolerance’’ (FRL # 6079–7), re- Evaluation, Environmental Protection Agen- and Forestry. ceived May 14, 1999; to the Committee on Ag- cy, transmitting, pursuant to law, the report EC–3049. A communication from the Ad- riculture, Nutrition, and Forestry. of three rules entitled ‘‘Approval and Pro- ministrator, Food and Consumer Service, De- EC–3058. A communication from the Direc- mulgation of Air Quality Plans; Georgia; Re- partment of Agriculture, transmitting, pur- tor, Office of Regulatory Management and vised Format for Materials Being Incor- suant to law, the report of a rule entitled Information, Office of Policy, Planning and porated by Reference’’ (FRL # 6335–9), ‘‘Iden- ‘‘Retailer Integrity, Fraud Reduction and Evaluation, Environmental Protection Agen- tification of Additional Ozone Areas Attain- Penalties’’, received May 4, 1999; to the Com- cy, transmitting, pursuant to law, the report ing the 1-Hour Standard and to Which the 1- mittee on Agriculture, Nutrition, and For- of four rules entitled ‘‘Approval and Promul- Hour Standard is No Longer Applicable’’ estry. gation of Implementation Plans; California (FRL # 6344–4) and ‘‘National Emission EC–3050. A communication from the Ad- State Implementation Plan, Six California Standards for Hazardous Air Pollutants for ministrator, Farm Service Agency, Farm Air Pollution Control Districts’’ (FRL # Polyether Polyols Products’’ (FRL # 6344–7), and Foreign Agricultural Services, Depart- 6337–8), ‘‘Findings of Significant Contribu- received May 13, 1999; to the Committee on ment of Agriculture, transmitting, pursuant tion and Rulemaking on Section 126 Peti- Environment and Public Works. to law, the report of a rule entitled ‘‘Dairy tions for Purposes of Reducing Interstate f Market Loss Assistance Program’’ (RIN0560– Ozone Transport’’ (FRL # 6336–9), ‘‘Guide- AF67), received May 5, 1999; to the Com- lines Establishing Test Procedures for the PETITIONS AND MEMORIALS mittee on Agriculture, Nutrition, and For- Analysis of Oil and Grease Non-polar Mate- The following petitions and memo- estry. rial Under the Clean Water Act and Resource rials were laid before the Senate and EC–3051. A communication from the Ad- Conservation and Recovery Act; Final Rule’’ were referred or ordered to lie on the ministrator, Farm Service Agency, Farm (FRL # 6341–9) and ‘‘Technical Amendment and Foreign Agricultural Services, Depart- to Finding of Significant Contribution and table as indicated: ment of Agriculture, transmitting, pursuant Rulemaking for Certain States in the Ozone POM–119. A resolution adopted by the Sen- to law, the report of a rule entitled ‘‘Final Transport Assessment Group (OTAG) Region ate of the Legislature of the Commonwealth Rule: 1998 Single-Year and Multi-Year Crop for Purposes of Reducing Regional Transport of Massachusetts relative to Social Security; Loss Disaster Assistance Program’’ of Ozone’’ (FRL # 6338–6), received May 10, to the Committee on Finance. (RIN0560–AF75), received May 13, 1999; to the 1999; to the Committee on Environment and SENATE RESOLUTION Committee on Agriculture, Nutrition, and Public Works. Whereas, the Congress of the United Forestry. EC–3059. A communication from the Direc- States, as part of its efforts to address the fi- EC–3052. A communication from the Direc- tor, Office of Regulatory Management and nancial crisis confronting the Social Secu- tor, Office of Regulatory Management and Information, Office of Policy, Planning and rity System, is considering a proposal man- Information, Environmental Protection Evaluation, Environmental Protection Agen- dating Social Security coverage for public Agency, transmitting, pursuant to law, the cy, transmitting, pursuant to law, the report employees, including public employees in report of a rule entitled ‘‘Diphenylamine; of four rules entitled ‘‘Clean Air Act Ap- Massachusetts who presently do not partici- Pesticide Tolerance’’ (FRL # 6077–3), reproval and Promulgation of New Source Re- pate in the Social Security system; and ceived May 10, 1999; to the Committee on Ag- view Provisions Implementation Plan for Ne- Whereas, the Commonwealth of Massachu- riculture, Nutrition, and Forestry. vada State Clark County Air Pollution Con- setts and its cities and towns provided re- EC–3053. A communication from the Direc- trol District’’ (FRL # 6336–6), ‘‘National Pri- tirement benefits to employees prior to the tor, Office of Regulatory Management and orities List for Uncontrolled Hazardous creation of Social Security and, after being Information, Environmental Protection Waste Sites’’ (FRL # 6338–5), ‘‘Revisions to explicitly precluded from participation in Agency, transmitting, pursuant to law, the the Clean Water Regulatory Definition of the Social Security System, adopted a re- report of two rules entitled ‘‘Iprodione; Pes- ‘Discharge of Dredged Material’ ’’ (FRL # tirement structure providing adequate re- ticide Tolerance’’ (FRL # 6064–5) and 6338–9) and ‘‘Technical Amendment to Find- tirement and survivor benefits to employees ‘‘Myclobutanil; Extension of Tolerance for ing of Significant Contribution and Rule- including vital benefits for those perma- Emergency Exemptions’’ (FRL # 6074–9), re- making for Certain States in the Ozone nently disabled in the line of duty; and ceived May 4, 1999; to the Committee on Ag- Transport Assessment Group (OTAG) Region Whereas, in the early 1980’s the Common- riculture, Nutrition, and Forestry. for Purposes of Reducing Regional Transport wealth of Massachusetts and its cities and EC–3054. A communication from the Direc- of Ozone’’ (FRL # 6338–6), received May 5, towns were confronted by a similar financial tor, Office of Regulatory Management and 1999; to the Committee on Environment and crisis in retirement funding which, through Information, Environmental Protection Public Works. the adoption of aggressive funding and in- Agency, transmitting, pursuant to law, the EC–3060. A communication from the Direc- vestment policies following major statutory report of two rules entitled ‘‘Azoxystrobin; tor, Office of Regulatory Management and reforms, has been averted resulting in the se- Extension of Tolerance for Emergency Ex- Information, Office of Policy, Planning and cure financing of retirement benefits; and emptions’’ (FRL # 6074–2) and ‘‘Halosulfuron; Evaluation, Environmental Protection Agen- Whereas, conservative estimates indicate Pesticide Tolerance’’ (FRL # 6078–5), re- cy, transmitting, pursuant to law, the report that such public employee mandated Social ceived May 6, 1999; to the Committee on Ag- of five rules entitled ‘‘Appendix A—Test Security coverage would impose billions of riculture, Nutrition, and Forestry. Methods: Three New Methods for Velocity dollars in added costs on public employers in EC–3055. A communication from the Direc- and Volumetric Flow Rate Determination in the Commonwealth of Massachusetts there- tor, Office of Regulatory Management and Stacks or Ducts’’ (FRL # 6337–1), ‘‘Approval by diverting public resources from edu- Information, Environmental Protection and Promulgation of Air Quality Plans; cation, public safety, public works, health Agency, transmitting, pursuant to law, the Maine; Approval of Fuel Control Program care and child care without having a serious report of a rule entitled ‘‘Dimethomorph, under Section 211(c)’’ (FRL # 6338–2), ‘‘Ap- impact on the fiscal condition of the Social (E,Z) 4-(3-(4-chlorophenyl)-3-(,4- proval and Promulgation of Air Quality Im- Security System; and

VerDate jul 14 2003 13:40 Jan 13, 2005 Jkt 069102 PO 00000 Frm 00048 Fmt 0686 Sfmt 0634 E:\BR99\S18MY9.001 S18MY9 9892 CONGRESSIONAL RECORD—SENATE May 18, 1999 Whereas, it has been determined that na- without being penalized by decreasing the H.R. 1034. A bill to declare a portion of the tionally such mandatory Social Security standard of assistance to the Federal Benefit James River and Kanawha Canal in Rich- coverage would provide a short term fiscal Rate only; and be it further mond, Virginia, to be nonnavigable waters of solution that ultimately would extend the Resolved, That certified copies of this Con- the United States for purposes of title 46, Social Security trust fund solvency by only current Resolution be transmitted to the United States Code, and the other maritime two years; and President of the United States Senate, the laws of the United States. Speaker of the United States House of Rep- Whereas, the mandating of Social Security f coverage for non-federal public employees resentatives, the President of the United may raise significant legal issues; now there- States, the Secretary of the United States INTRODUCTION OF BILLS AND fore be it Department of Health and Human Services, JOINT RESOLUTIONS and the members of Hawaii’s congressional Resolved, that the Massachusetts Senate The following bills and joint resolu- hereby urges the Congress of the United delegation. States to reject any proposal to reform So- tions were introduced, read the first cial Security that includes mandatory Social POM–121. A joint resolution adopted by the and second time by unanimous con- Security coverage for public employees; and Legislature of the State of Maine relative to sent, and referred as indicated: the proposed ‘‘Prescription Drug Fairness for be it further By Ms. COLLINS: Seniors Act’’; to the Committee on Finance. Resolved, that a copy of these resolutions S. 1063. A bill to amend title XVIII of the be transmitted by the clerk of the Senate to JOINT RESOLUTION Social Security Act to provide for a special the President of the United States, the pre- We, your Memorialists, the Members of the rule for long existing home health agencies siding officers of both Houses of Congress One Hundred and Nineteenth Legislature of with partial fiscal year 1994 cost reports in and the entire congressional delegation from the State of Maine now assembled in the calculating the per beneficiary limits under the Commonwealth. First Regular Session, most respectfully the interim payment system for such agen- present and petition the President of the cies; to the Committee on Finance. POM–120. A concurrent resolution adopted United States and the United States Con- By Mr. THURMOND: by the Legislature of the State of Hawaii rel- gress, as follows: S. 1064. A bill to provide for the location of ative to Social Security; to the Committee Whereas, the elderly of the United States the National Museum of the United States on Finance. are 14% of the population and consume 30% Army; to the Committee on Armed Services. of the prescription drugs and Medicare does HOUSE CONCURRENT RESOLUTION 203 By Mr. DODD: not cover the cost of prescription drugs ex- Whereas, an administrative fee to process S. 1065. A bill to authorize negotiation for cept in a very few cases; and the accession of Chile to the North American the state supplement for Supplemental Secu- Whereas, the House Government Reform Free Trade Agreement, to provide for Fast rity Income was implemented by section 5102 and Oversight Committee conducted studies Track Consideration and for other purposes; of the Balanced Budget Act of 1997; and in 20 congressional districts in 1998 and dis- to the Committee on Finance. Whereas, the administrative fee to process covered there are vast differences between By Mr. ROBERTS (for himself, Mr. the state supplement for Supplemental Secu- prices that pharmaceutical companies MURKOWSKI, Mr. GRAMS, Mr. HAGEL, rity Income increases annually, and in fiscal charge their favored customers, such as and Mr. CRAIG): year 2003 will increase to coincide with the HMOs, large hospitals and the Federal Gov- S. 1066. A bill to amend the National Agri- Consumer Price Index; and ernment, and the prices they charge unin- Whereas, there is no increase in the serv- sured senior citizens; and cultural Research, Extension, and Teaching ices provided by the Social Security Admin- Whereas, older Americans, who are often Policy Act of 1977 to encourage the use of istration; and on fixed and limited incomes, pay on the av- and research into agricultural best practices Whereas, therefore, in fiscal year 1999, Ha- erage nearly double the price for prescription to improve the environment, and for other waii is paying $7.60 to issue a supplement of drugs that the favored customers of the purposes; to the Committee on Agriculture, $4.90; and pharmaceutical companies pay; and Nutrition, and Forestry. Whereas, Hawaii must continue to pay the Whereas, there is now before Congress leg- By Mr. ROCKEFELLER (for himself, administrative fee to avoid jeopardizing islation that would address this inequity by Mr. CHAFEE, Mr. DEWINE, Ms. COL- Medicaid reimbursements; and protecting the elderly from drug price dis- LINS, Ms. LANDRIEU, Mr. LEVIN, Mr. Whereas, the contracting of the state sup- crimination and making prescription drugs MOYNIHAN, Mr. KERREY, Mr. DORGAN, plement for Supplemental Security Income available to Medicare beneficiaries at sub- Mr. CONRAD, Mr. INOUYE, Mr. BREAUX, to a private vendor will decrease eligibility stantially reduced prices; and Mr. DURBIN, and Mr. TORRICELLI): for Aged, Blind, and Disabled individuals be- Whereas, the Prescription Drug Fairness S. 1067. A bill to promote the adoption of cause the Social Security Administration for Seniors Act, sponsored by Representative children with special needs; to the Com- will allow the State to use only the Supple- Tom Allen of the First District in Maine and mittee on Finance. mental Security Income Federal Benefit cosponsored by countless others, would not By Mr. KERRY (for himself, Mr. BOND, Rate as the standard of assistance for all in- establish new federal bureaucracy but would Mr. HOLLINGS, Mr. WELLSTONE, Mr. dividuals regardless of living arrangement; utilize an existing pharmacy distribution TORRICELLI, Mr. MOYNIHAN, Mr. JOHN- now, therefore, be it system; and SON, Ms. LANDRIEU, and Mr. LEVIN): Resolved by the House of Representatives of Whereas, this important legislation would S. 1068. A bill to provide for health, edu- the Twentieth Legislature of the State of Ha- ensure that no older American would need to cation, and welfare of children under 6 years waii, Regular Session of 1999, the Senate con- choose between buying food or medicine or of age; to the Committee on Health, Edu- curring, That this body urges the United paying the basic bills or choosing to live in cation, Labor, and Pensions. States Congress, the President of the United pain and anxiety; now, therefore, be it By Mr. WELLSTONE (for himself, Mrs. States, and the Secretary of Health and Resolved, That We, your Memorialists, re- MURRAY, and Mr. SCHUMER): Human Services to support United States quest that the President of the United States S. 1069. A bill to provide economic security Senator Daniel K. Akaka, United States Sen- and the United States Congress work to- and safety for battered women, and for other ator Daniel K. Inouye, United States Rep- gether to pass this important and far-reach- purposes; to the Committee on Finance. ing legislation that would help the elderly resentative Neil Abercrombie, and United By Mr. BOND (for himself, Mr. ENZI, and, in turn, all Americans; and be it further States Representative Patsy T. Mink’s fed- Mr. JEFFORDS, Mr. BURNS, Mr. Resolved, That suitable copies of this reso- eral legislation to amend the Social Security VOINOVICH, Ms. SNOWE, Mr. lution, duly authenticated by the Secretary Act in the following manner: ASHCROFT, Mr. MCCONNELL, Mr. of State, be transmitted to the Honorable (1) To allow Hawaii to not issue a state LOTT, Mr. NICKLES, Mr. HUTCHINSON, William J. Clinton, President of the United supplement for Supplemental Security In- Mr. MACK, Mr. COVERDELL, Mr. SHEL- States; the President of the United States BY, Mr. KYL, Mr. FITZGERALD, Mr. come; Senate; the Speaker of the House of Rep- (2) To limit the cost of the administrative ABRAHAM, Mr. GREGG, Mrs. resentative of the United States and to each HUTCHISON, Mr. HELMS, Mr. BUNNING, fees to process the state supplement for Sup- Member of the Maine Congressional Delega- Mr. CRAPO, Mr. BENNETT, Mr. plemental Security Income by determining a tion. maximum fee; DEWINE, Mr. HAGEL, Mr. SESSIONS, (3) To prohibit the Social Security Admin- f Mr. CHAFEE, Ms. COLLINS, and Mr. istration from increasing the amount of ad- REPORTS OF COMMITTEES BROWNBACK): ministrative fees to process the state supple- S. 1070. A bill to require the Secretary of ment for Supplemental Security Income The following reports of committees Labor to wait for completion of a National without any increase in services; and were submitted: Academy of Sciences study before promul- (4) To allow Hawaii to contract the proc- By Mr. MCCAIN, from the Committee on gating a standard, regulation or guideline on essing of state supplements for Supple- Commerce, Science, and Transportation, ergonomics; to the Committee on Health, mental Security Income to a private vendor without amendment: Education, Labor, and Pensions.

VerDate jul 14 2003 13:40 Jan 13, 2005 Jkt 069102 PO 00000 Frm 00049 Fmt 0686 Sfmt 0634 E:\BR99\S18MY9.001 S18MY9 May 18, 1999 CONGRESSIONAL RECORD—SENATE 9893 By Mr. CRAPO (for himself and Mr. termines a limit for most established nately, however, HCFA does not agree CRAIG): agencies using a formula that recog- with that interpretation and insists S. 1071. A bill to designate the Idaho Na- nizes the agency’s historical costs and that further legislative action is nec- tional Engineering and Environmental Lab- blends them, in a proportion of 75 per- essary if Hancock County HomeCare is oratory as the Center of Excellence for Envi- ronmental Stewardship of the Department of cent to 25 percent, with regional to be considered an ‘‘old’’ agency for Energy Land, and establish the Natural Re- norms. For new home health agencies purposes of the Interim Payment Sys- sources Institute within the Center; to the without a historic record of cost re- tem. Committee on Armed Services. ports, the per-beneficiary limit is set The legislation that I am introducing By Mr. DEWINE (for himself, Mr. at the national median. today to clarify the law was prepared HELMS, and Mr. VOINOVICH): In defining the difference between with technical assistance from HCFA. S. 1072. A bill to make certain technical new and existing agencies, the Admin- Essentially, the bill would provide for a and other corrections relating to the Centen- istration focused on fiscal year 1994 and special rule for home care agencies nial of Flight Commemoration Act (36 U.S.C. that were in existence and had an ac- 143 note; 112 Stat. 3486 et seq.); to the Com- established a general rule that the na- mittee on Governmental Affairs. tional median per-beneficiary limit tive Medicare provider number prior to By Mr. ASHCROFT (for himself, Mr. would apply to ‘‘new providers and pro- fiscal year 1980, but which had less INOUYE, Mr. BURNS, Mr. GRASSLEY, viders without a 12-month reporting than a 12-month cost reporting period Mr. ROBERTS, Mr. ENZI, and Mr. period ending in fiscal year 1994.’’ Con- in fiscal year 1994 because the agency HAGEL): gress did, however, specifically exclude changed the end date of its cost report- S. 1073. A bill to amend the Trade Act of from the ‘‘new’’ category any home ing period in that year. For these agen- 1974 to ensure that United States industry is health agency that had changed its cies, Medicare could, upon the request consulted with respect to all aspects of the of the agency, use the agency’s partial- WTO dispute settlement process; to the Com- name or corporate structure. mittee on Finance. Nevertheless, one of the home health year cost report from fiscal year 1994 to agencies in my State —Hancock Coun- determine the agency-specific portion f ty HomeCare—has been classified as a of the per beneficiary limit. As a con- SUBMISSION OF CONCURRENT AND ‘‘new’’ home health agency, even sequence, the agency could then be SENATE RESOLUTIONS though it has been serving the people treated as an ‘‘old’’ agency for purposes of rural Down East Maine for more of the Interim Payment System. The following concurrent resolutions than 60 years. I am sure that there are Mr. President, this legislation is sim- and Senate resolutions were read, and other long-standing home health agen- ply a technical correction to address a referred (or acted upon), as indicated: cies across the country that have found specific problem that Congress clearly By Mr. HUTCHINSON (for himself, Mr. themselves in a similar situation as a did not intend to create when it en- WELLSTONE, Mr. FEINGOLD, Mr. SMITH consequence of this provision. acted the Balanced Budget Act of 1997. of New Hampshire, Ms. COLLINS, Mr. Hancock County HomeCare is a divi- BUNNING, Mr. KYL, Mr. ABRAHAM, Mr. The legislation is narrowly drafted SESSIONS, Mr. GRASSLEY, Ms. SNOWE, sion of Blue Hill Memorial Hospital, a and, in all likelihood, will not affect Mr. JEFFORDS, and Mr. BROWNBACK): charitable, tax-exempt hospital. Han- more than a few home health agencies, S. Res. 103. A resolution concerning the cock County HomeCare emerged as a but it will make a critical difference in tenth anniversary of the Tiananmen Square result of a merger of the hospital with the ability of those agencies to con- massacre of June 4, 1989, in the People’s Re- the Four Town Nursing Service and tinue to serve their elderly clients. public of China; to the Committee on For- Bar Harbor Public Health Nursing, Home health agencies across the eign Relations. both non-profit home health agencies country, however, are experiencing f that have provided uninterrupted serv- acute financial problems due to other problems with a critically-flawed pay- STATEMENTS ON INTRODUCED ice to residents of Hancock County, ment system that effectively penalizes BILLS AND JOINT RESOLUTIONS Maine for more than 60 years. The unified agency, which provides skilled our most cost-efficient agencies. These By Ms. COLLINS: home nursing and therapies to resi- agencies are finding it increasingly dif- S. 1063. A bill to amend title XVIII of dents of 36 towns, has been part of Blue ficult to cope with cash-flow problems, the Social Security Act to provide for Hill Memorial Hospital since 1981. which inhibit their ability to deliver a special rule for long existing home Despite its 60-year history of service much-needed care. As many as twenty health agencies with partial fiscal year to the community, Hancock County organizations in Maine have either 1994 cost reports in calculating the per HomeCare has been classified as a closed or are no longer providing home beneficiary limits under the interim ‘‘new’’ agency simply because it hap- care services because their reimburse- payment system for such agencies; to pened to change the ending date of its ment levels under Medicare fell so far the Committee on Finance. fiscal year during 1994, when Blue Hill short of their actual operating costs. MEDICARE HOME HEALTH TECHNICAL Memorial and its affiliate changed Other agencies are laying off staff or CORRECTIONS LEGISLATION theirs. Solely because it changed its are declining to accept new patients Ms. COLLINS. Mr. President, I rise fiscal year from a period ending June with more serious health problems. today to introduce legislation that 30 to a period ending March 31, this 60- The real losers in this situation are our would make a technical correction to a year old agency is being treated as a seniors, since cuts of this magnitude provision of the Balanced Budget Act new agency by HCFA. Given the care cannot be sustained without ulti- of 1997 that is causing great unfairness taken by Congress to exclude name mately affecting patient care. to long-established home health agen- changes and corporate structure Moreover, these payment problems cies and their patients. It would pro- changes from the definition of a ‘‘new’’ have been exacerbated by a number of vide for a special rule for long-existing agency, I simply do not believe that it new regulatory requirements imposed home health agencies that have been was our intent to visit radically dif- by HCFA, including the implementa- classified as ‘‘new’’ home health agen- ferent treatment upon an agency that tion of OASIS, sequential billing, med- cies for purposes of the Interim Pay- simply changed its financial reporting ical review, and IPS overpayment ment System (IPS) simply because practices, but otherwise has a contin- recoupment. I will soon be introducing they happened to change the ending uous history of operation and is fully legislation to provide some relief for date of their fiscal year, and, as a con- able to provide 12 months of reliable these beleaguered home health agen- sequence, do not have a full 12-month data in accordance with Medicare cost cies and also plan to hold a hearing cost reporting period in federal fiscal reporting requirements. next month in the Permanent Sub- year 1994. I believe that the statute gives the committee on Investigations to exam- Under the complicated formula for Health Care Financing Administration ine the combined effect that these pay- the Medicare Interim Payment System sufficient discretion to deal with this ment reductions coupled with the mul- for home health agencies, Medicare de- situation administratively. Unfortu- tiple new regulatory requirements have

VerDate jul 14 2003 13:40 Jan 13, 2005 Jkt 069102 PO 00000 Frm 00050 Fmt 0686 Sfmt 0634 E:\BR99\S18MY9.001 S18MY9 9894 CONGRESSIONAL RECORD—SENATE May 18, 1999 had on home health agencies’ ability to cated where individuals are able to for 150 staff and official visitors; ade- meet their patients’ needs. gain a knowledge and perspective quate parking for a portion of the Mr. President, I ask unanimous con- about the United States that they may 1,000,000 visitors-a-year that will not sent that the text of this legislation not have possessed before their trip to use public transportation; food service providing a special rule for long-exist- Washington. for staff and visitors; an area that is ing home health agencies with partial Sadly, one aspect of American his- low in crime and is safe for staff and fiscal year 1994 cost reports be included tory which is not told very well is that visitors; suitable space—at least 300,000 in the RECORD. of the United States Army. While square feet—for construction; a low There being no objection, the bill was many of the museums in the Capital water table; good drainage; no history ordered to be printed in the RECORD, as area address military history in gen- of flooding; and, suitability for sub- follows: eral terms, the region lacks a museum terranean construction. S. 1063 dedicated solely to the purpose of tell- Since 1984, more than 60 sites have Be it enacted by the Senate and House of Rep- ing the story of our Army. This ab- resentatives of the United States of America in sence is a discredit to those interested been studied, yet only a handful have Congress assembled, in American history as the story of our been worthy of any serious consider- SECTION 1. SPECIAL RULE FOR LONG EXISTING Army is the story of our Nation, and ation. HOME HEALTH AGENCIES WITH PAR- quite obviously the reverse is true. It is TIAL FISCAL YEAR 1994 COST RE- The most prominent recent site sug- PORTS. also a discredit to the millions who gestions have included Carlisle, Penn- (a) IN GENERAL.—Section 1861(v)(1)(L) of have served as soldiers, theirs is a sylvania, the Washington Navy Yard, the Social Security Act (42 U.S.C. story well worth telling to others. the ‘‘Marriott property’’ in northern- 1395x(v)(1)(L)) is amended by adding at the The United States is a Nation born of Virginia, and Fort Belvoir, Virginia. end the following: battle, as a matter of fact, the Army is Three of these sites clearly have char- ‘‘(x)(I) If requested by an applicable agen- older than our country. The Army was cy, the limitation under clause (v) shall be acteristics which are directly contrary formed in 1775, while the United States to the established criteria for site se- determined for such agency by substituting was formed in 1776. At every critical in subclause (I) of that clause ‘the reasonable lection. The extraordinary distance of costs (including nonroutine medical sup- juncture of the history of the United Carlisle from Washington speaks for plies) for the agency’s cost report for the States, we find the brave soldiers of the itself. The ‘‘Marriott property’’ was most recent partial cost reporting period Army. Whether it was earning our free- carefully studied numerous times, and ending in fiscal year 1994’ for ‘the reasonable dom from a colonial power; the map- though it was the Army’s first choice, costs (including nonroutine medical sup- ping expedition of Lewis & Clark; the plies) for the agency’s 12-month cost report- it was always determined that the site westward expansion of the nation; the was too small and that the cost of the ing period ending during fiscal year 1994’. Civil War, where the Army fought to ‘‘(II) In this clause, the term ‘applicable property too high. The suggestion that maintain the unity of the young na- agency’ means an agency that— the Army locate its museum in Wash- tion; the World Wars where we battled ‘‘(aa) was in existence prior to fiscal year ington’s Navy Yard is also directly to preserve global peace; the Cold War 1980; contrary to prerequisites for site selec- where the Army stood vigilant against ‘‘(bb) had an active medicare provider tion. The Washington Navy Yard is sit- number prior to such date; and the expansionist desires of communist uated in a difficult to get to part of the ‘‘(cc) had less than a 12-month cost report- countries; in the Persian Gulf chasing District, on the Anacostia River, as ing period ending in fiscal year 1994 because a petty dictator and bully out of Ku- well as on a precarious 50-year flood such agency changed the end date of its cost wait; spearheading humanitarian relief reporting period during fiscal year 1994. plain. Because this area floods so often, efforts in any number of countries; or ‘‘(III) The limitation determined for an ap- a ‘‘Washington Navy Yard Army Mu- plicable agency pursuant to this clause shall enforcing a fragile peace in Bosnia, the soldiers of our Army were there, doing seum’’—I will repeat this awkward lo- be excluded from any calculation under this cation—a ‘‘Washington Navy Yard subparagraph of— their duty. Certainly this is a story ‘‘(aa) a standardized regional average of worthy of chronicling through a mu- Army Museum’’, might well suffer the costs; or seum, and the time has come to build embarrassment of being closed due to ‘‘(bb) a national median of limits.’’. such a facility. flooding. Furthermore, the Navy Yard (b) EFFECTIVE DATE.—The amendment What I propose is not new. Over the is simply too small to allow the con- made by subsection (a) shall take effect as if past two decades, many sites have been struction of a facility that can chron- included in the enactment of the Balanced icle the more than 225-year history of Budget Act of 1997. suggested and most are unsatisfactory because they have unrealistic develop- the Army. From even before the first By Mr. THURMOND: ment requirements, because their loca- blueprint is drawn, architects and his- S. 1064. A bill to provide for the locations are unsuitable for such an es- torians trying to create a museum that tion of the National Museum of the teemed building, or they lacked an ap- will be recognized as a world-class fa- United States Army; to the Committee propriate Army setting. Since 1983, the cility for the study of the American on Armed Services. process of choosing a site for the Army Army and military history will be lim- NATIONAL MUSEUM OF THE UNITED STATES Museum has been a long and cum- ited by the lack of space available at ARMY SITE ACT OF 1999 bersome undertaking. A site selection the Navy Yard. Secondly, the Navy Mr. THURMOND. Mr. President, it is committee was organized and it devel- Yard is situated in a part of the Dis- not an exaggeration to say that Wash- oped a list of seventeen criteria which trict of Columbia well off the circuit ington, DC possesses one of the highest any candidate site is required to pos- that visitors travel when they come to concentrations of museums, art gal- sess before it was to be selected as Washington. The Navy Yard abuts a leries, research institutions, monu- home to the Army Museum. Among residential district with narrow streets ments, and memorials to be found any- other requirements, these criteria re- which means it will be confusing for where in the world. This is a city where quired such things as: an area permit- people to drive there, streets will be we chronicle our history, honor our he- ting movement of large vehicles for ex- congested with traffic, and there will roes, and introduce people from around hibits and tractor trailer trucks for be a lack of parking for cars and tour the world to the ‘‘American experi- shipments; commanding an aestheti- buses. Additionally, the Navy Yard has ence’’. cally pleasing vista; positive impact on become less military in character and Each year millions of people travel the environment; closeness to public more of a patchwork home to various to Washington to visit the many at- transportation; closeness to a Wash- government offices. To locate the tractions that are located within the ington Tourmobile route; convenience Army Museum in an old Navy yard, capital city. Some of the most popular to Fort Myer for support by the 3d In- which sometimes may be under water, destinations for visitors are the many fantry—The Old Guard; accessibility by would send a clear signal to visitors excellent museums and galleries, lo- private automobile; adequate parking that choosing a home to their history

VerDate jul 14 2003 13:40 Jan 13, 2005 Jkt 069102 PO 00000 Frm 00051 Fmt 0686 Sfmt 0634 E:\BR99\S18MY9.001 S18MY9 May 18, 1999 CONGRESSIONAL RECORD—SENATE 9895 was nothing more than an after- museum, a welcome center, an IMAX review this important piece of legisla- thought. Finally, it is simply not ap- theater, a conference center, and a tion and support its passage. Mr. Presi- propriate to have a museum chron- hotel. Clearly, the Marine Corps has dent, I ask unanimous consent that the icling the history of the Army at a come-up with a winning equation for a text of this bill be printed in the Navy facility. The Army museum be- facility that will tell the story of that RECORD. longs on an Army installation. service and the Army should be allowed There being no objection, the bill was As an interesting footnote, the April to do the same. Placing the Army Mu- ordered to be printed in the RECORD, as 27, 1999 issue of the Washington Post seum at the Navy Yard will not only follows: carried an article about the search for inhibit efforts to present the history of S. 1064 a new location to house the head- the Army, but it will also force the es- Be it enacted by the Senate and House of Rep- quarters for the Bureau of Alcohol, To- tablishment of a museum that is infe- resentatives of the United States of America in bacco & Firearms and reported that a rior and not all that it can be. Finally, Congress assembled, site on New York Avenue seemed to be co-locating the Army and Marine mu- SECTION 1. SHORT TITLE. the first choice. It mentioned that an- seums in the same geographic area This Act may be cited as the ‘‘National other site in the District had pre- would create a military history Museum of the United States Army Site Act of 1999’’. viously been considered as the new ‘‘zone’’, so to speak, and greatly in- home of the BATF, that of the South- crease the number of visitors that will SEC. 2. FINDINGS AND PURPOSES. (a) FINDINGS.—Congress makes the fol- east Federal Center, ‘‘. . . a huge devel- take time to stop at both museums to lowing findings: opment envisioned for the Anacostia learn more about our armed services (1) The Nation does not have adequate River waterfront south of Capitol Hill, and the valuable contributions they knowledge edge of the role of the Army in next to the Washington Navy Yard.’’ have made to the nation. the development and protection of the Not surprisingly, the article also re- Mr. President, we have been trying to United States. ported that BATF had resisted that op- find a suitable site for the Army Mu- (2) The Army, the oldest United States seum since 1983. While I find it hard to military service, lacks a primary museum tion because it was considered—and I with public exhibition space and is in dire quote—‘‘. . .too remote’’. If the Navy believe that it should take 16-years to need of a permanent facility to house and Yard is too remote a site for the BATF, identify a suitable site, I am willing to display its historical artifacts. how is it any more convenient for the concede that we should spare no effort (3) Such a museum would serve to enhance Army Museum or those hundreds of in making certain that we find the per- the preservation, study, and interpretation thousands of people who will visit it fect place to locate the Army Museum. of Army historical artifacts. every year? I fear that citizens would hesitate vis- (4) Many Army artifacts of historical sig- In 1991, the Deputy Secretary of De- iting the Navy Yard if designated as nificance and national interest which are currently unavailable for public display fense directed that the site searches in- the home for the Army Museum. Sim- would be exhibited in such a museum. clude the Mount Vernon Corridor as a ply put, Fort Belvoir enjoys every ad- (5) While the Smithsonian Institution possible location for the Army Mu- vantage over the Navy Yard, the Mar- would be able to assist the Army in devel- seum. Fort Belvoir quickly became a riott property, Carlisle Barracks, or oping programs of presentations relating to very attractive location. Fort Belvoir any other site, as a place to build the the mission, values, and heritage of the offers a 48-acre site; it is only five min- Army Museum. Army, such a museum would be more appro- utes from Interstate 95, which is trav- The bill I am introducing today priate institution for such programs. (b) PURPOSES.—The purposes of this Act eled by more than 300 million vehicles names Fort Belvoir as the site for the are— each year; it is only three minutes Army Museum. Fort Belvoir is the best (1) to provide for a permanent site for a from the Fairfax County Parkway; it is location in the Washington area to museum to serve as the National Museum of served by Metro Bus; and Richmond host the Army Museum. Army veterans the United States Army; Highway is next to the main gate of want to remember and show their con- (2) to ensure the preservation, mainte- Fort Belvoir. tribution to history in an Army setting nance, and interpretation of the artifacts Beyond its ideal location, Fort and history collected by such museum; and culture in which they themselves (3) to enhance the knowledge of the Amer- Belvoir is also a winner historically. It once served. Fort Belvoir is the perfect ican people to the role of the Army in United is on a portion of General George place to do this and it qualifies on States history; and Washington’s properties when he was every criterion established in 1983 by (4) to provide a facility for the public dis- Commander-in-Chief of the Continental the Army’s Site Selection Committee. play of the artifacts and history of the Army. It is located on the historical Fort Belvoir is Army and should host Army. heritage trail of the Mount Vernon Es- Army history. Therefore, I ask that my SEC. 3. LOCATION OF NATIONAL MUSEUM OF THE tate, Woodlawn Plantation, Pohick colleagues support this bill and bring UNITED STATES ARMY. The Secretary of the Army shall provide Church, and Gunston Hall. Situating the 16-year search for a home for the for the location of the National Museum of the Army Museum at Fort Belvoir is a Army Museum to a close by selecting a the United States Army at Fort Belvoir, Vir- natural tie to a long established mili- worthy home for one of this nation’s ginia. tary and historic installation that has greatest institutions. already been approved by the National Mr. President, Thomas Jefferson By Mr. DODD: Capital Planning Commission to be wrote to John Adams in 1817, ‘‘A mor- S. 1065. A bill to authorize negotia- used for community activities, which sel of genuine history is a thing so rare tion for the accession of Chile to the includes museums, as a part of the as to be always valuable.’’ I am pleased North American Free Trade Agree- Fort Belvoir Master Plan. The Fort to see that the National U.S. Army ment, to provide for Fast Track Con- Belvoir site meets all 17 criteria origi- Museum is a task for this Congress at sideration and for other purposes; to nally established by the Army. With the beginning of a new century, at a the Committee on Finance. the Marine Corps planning to build its time when all Americans are proud of CHILE FAST TRACK ACT OF 1999 heritage center at nearby Quantico, their nation’s accomplishments and ∑ Mr. DODD. Mr. President, nearly five these two facilities would most cer- those who made it all possible. I am ab- years ago, a bipartisan majority of this tainly complement each other. solutely concerned that all our vet- body ratified the North American Free Indeed, the planned Marine Corps erans are honored and honored appro- Trade Agreement. Since then the museum is an excellent example of a priately. Every year, Army veterans promises of new jobs, increased ex- carefully contemplated facility that bring their families to Washington and ports, lower tariffs and a cleaner envi- not only will capture the rich history are disappointed that no museum ex- ronment have all come true. In other of that service, but make the complex ists as a tribute to their service and words, Mr. President, NAFTA has suc- an attractive tourist destination. The sacrifice. Time is running out for many ceeded despite the predictions of some Marines’ heritage complex will be Army veterans, especially those of that America could not compete in to- 460,000 square feet and will include a World War II. I urge my colleagues to day’s global economy.

VerDate jul 14 2003 13:40 Jan 13, 2005 Jkt 069102 PO 00000 Frm 00052 Fmt 0686 Sfmt 0634 E:\BR99\S18MY9.001 S18MY9 9896 CONGRESSIONAL RECORD—SENATE May 18, 1999 With the success of NAFTA as a allowed to stand in the way of free such as conservation tillage, buffer backdrop, it is now time to move for- trade with Chile. strips, the Conservation Reserve Pro- ward and expand the free trade zone to Naysayers claim that free trade gram, and new technology like preci- other countries in our hemisphere. To prompts American business to move sion sprayers that have multiple envi- help accomplish that important goal, I overseas and costs American workers ronmental benefits. am introducing legislation today which their jobs. They will tell you that These voluntary agricultural best will authorize and enable the President America, the nation with the largest practices increase soil carbon levels to move forward with negotiations on a and strongest economy, the best work- also tend to reduce soil erosion, reduce free trade agreement with Chile. ers and the greatest track record of in- fuel costs for producers, improve soil Chile, Mr. President, is surely worthy novation cannot compete with other fertility, and increase production. It’s of membership in NAFTA. In fact, nations. a win win win. Nonetheless, there are Chile already signed a free trade agree- Mr. President, the past five and a agencies and individuals with agendas ment with Canada in 1996. Today, the half years since we ratified NAFTA that believe agriculture is a source of Chilean economy is growing at a have proven them wrong. Today, tariffs greenhouse gas emissions and do not healthy annual rate of more than 7 per- are down and exports are up. The envi- care about the multitude of benefits cent. Chile is noted for its concern for ronment in North America is cleaner. accruing from production agriculture. preserving the environment and has Most importantly, NAFTA has created Therefore, we must arm agriculture put in place environmental protections 600,000 new American jobs all across with sound science on the carbon cycle. that are laudable. Chile’s fiscal house the nation. This bill is intended to give pro- is in order as evidenced by a balanced The successes of NAFTA are an indi- ducers and policymakers better under- budget, strong currency, strong foreign cation of the potential broader free standing of the link between the car- reserves and continued inflows of for- trade agreements hold for our econ- bon cycle and voluntary best practices. eign capital, including significant di- omy. Furthermore, trade and economic It authorizes USDA to conduct basic rect investment. relationships foster American influ- research on the mechanics of carbon Chile has already embraced the ence and support our foreign policy. In being stored in soil and applied re- ideals of free trade. Last January, the other words, Mr. President, this bill search to fine tune voluntary agricul- Chilean tariff on goods from countries represents new American jobs in every tural practices to increase the storage with which Chile does not yet have a state in the nation, a stronger Amer- of carbon in soils. Furthermore, re- free trade agreement fell from 11 per- ican economy and greater American in- search will be helpful in finding out if cent to 10 percent. That tariff is sched- fluence in our own Hemisphere. Mr. agriculture can be a tool to solve the uled to continue to fall gradually to 6 President, I urge my colleagues to sup- challenge of climate change. percent in 2003. While some goods are port this bill.∑ I also want to make clear that this is still assessed at a higher rate, the a research bill. It has nothing to do United States does a brisk export busi- BY Mr. ROBERTS (for himself, with trading carbon credits or setting ness to Chile, sending approximately Mr. MURKOWSKI, Mr. GRAMS, up a scheme for early action rewards if $4.5 billion in American goods to that Mr. HAGEL, and Mr. CRAIG): the Protocol becomes effective. The South American nation. That rep- S. 1066. A bill to amend the National whole point of this bill is that there resents 25 percent of Chile’s imports. Agricultural Research, Extension, and needs to be an understanding of the That $4.5 billion in exports represents Teaching Policy Act to 1977 to encour- science and examining methods to thousands of American jobs across the age the use of and research into agri- meet the challenge of climate change nation. Furthermore, the United cultural best practices to improve the without an international treaty. This States currently runs a trade surplus environment, and for other purposes; bill compliments other legislation, of nearly $3 billion per year. to the Committee on Agriculture, Nu- such as Mr. MURKOWSKI’S bill, that Our firm belief in the importance of trition, and Forestry. calls for increased energy efficiency re- democracy continues to drive our for- CARBON CYCLE AND AGRICUTURAL BEST search. eign policy. After seventeen years of PRACTICES RESEARCH ACT The bill taps into USDA’s broad re- dictatorship, Chile returned to the Mr. ROBERTS. Mr. President I rise search capabilities as it relates to pro- family of democratic nations following today to introduce an important com- duction techniques and soil databases, the 1988 plebiscite. Today, the Presi- ponent to further the scientific under- but I have also incorporated state-of- dent and the legislature are both popu- standing of the earth’s role as it re- the-art research tools including sat- larly elected and the Chilean armed lates to the environment, specifically ellite-based technology. Satellite based forces effectively carry out their re- the carbon cycle. What sparked my in- remote sensing is becoming more use- sponsibilities as spelled out in Chile’s terest in introducing a carbon cycle re- ful as an agricultural production com- Constitution. American investment search bill was a 1998 finding by aca- ponent. Right now, satellites measure and trade can play a critical role in demic and federal researchers that the the greening up of wheat during spring building on Chile’s political and eco- North American continent from 1988 to months, making more precise esti- nomic successes. 1992 absorbed an equivalent amount of mates of wheat harvests. In discussions It is unrealistic to think that the the carbon dioxide emitted from fossil with remote sensing leaders at the Uni- President will be able to negotiate a fuel emissions during the same time. versity of Kansas, remote sensing has a free trade agreement without fast Scientists know it happened, but can- role in providing the ‘‘big picture’’ as it track authority. Nor should we ask not pinpoint the mechanisms of the relates to what agriculture is doing as Chilean authorities to conduct negotia- process. Although you cannot watch it relates to the carbon cycle, such as tions under such circumstances. There- carbon dioxide move into soil, you can mapping vegetation and estimating the fore, the bill I am introducing today see soil with high levels of carbon like amount of carbon it can store in soil. will provide him with a limited fast river bottomland that has rich dark Because of the National Oceanic and track authority which will apply only soil. Naturally, the question arises of Atmospheric Administration’s initial to this specific treaty. I believe that how agriculture supplements this nat- research that shows the North Amer- fast track is key to enabling the Presi- ural process. ican Continent is a net carbon sink, I dent to negotiate the most advan- By introducing this bill, it is my in- have included bill language to use air tageous trade agreements, and should tention to follow through on the advice monitors to study the regional inter- therefore be re-authorized. At this of climate scientists that there is a action of carbon dioxide. For instance, point, however, there are stumbling need for more research because the car- measure the movement of air from blocks we must surmount before ge- bon cycle issue is complex. The bill Denver to Kansas City. If the carbon neric fast track can be re-authorized. makes sure that USDA is researching dioxide level is lower in Kansas City Those stumbling blocks should not be voluntary agricultural best practices than Denver, Kansas agriculture and

VerDate jul 14 2003 13:40 Jan 13, 2005 Jkt 069102 PO 00000 Frm 00053 Fmt 0686 Sfmt 0634 E:\BR99\S18MY9.001 S18MY9 May 18, 1999 CONGRESSIONAL RECORD—SENATE 9897 land is absorbing carbon. With this (B) Federal conservation programs that ‘‘(2) NATURAL RESOURCES CONSERVATION data, scientists can start looking at can be altered to increase the environmental SERVICE.— specific ag practices. benefits provided by the natural carbon ‘‘(A) RESEARCH MISSIONS.—The research It is my hope that the Senate can cycle; missions of the Secretary, acting through enact this legislation to be proactive in (9) increasing soil organic carbon is widely the Natural Resources Conservation Service, recognized as a means of increasing agricul- include— meeting the climate challenge, encour- tural production and meeting the growing ‘‘(i) the development of a soil carbon data- aging voluntary agricultural best prac- domestic and international food consump- base to— tices and technology that have mul- tion needs with a positive environmental ‘‘(I) provide online access to information tiple benefits. This is a strategy that is benefit; about soil carbon potential in a format that based on commonsense, not sugges- (10) agricultural best practices include the facilitates the use of the database in making tions made by the International Panel more efficient use of agriculture inputs and land management decisions; and on Climate Change that would halt equipment; and ‘‘(II) allow additional and more refined production agriculture as we know it. (11) tax credits should be offered in order data to be linked to similar databases con- to facilitate the widespread use of more effi- taining information on forests and range- Producers can use technology to feed a cient agriculture inputs and equipment and land; troubled and hungry world, plus absorb to increase environmental benefits. ‘‘(ii) the conversion to an electronic for- carbon dioxide. SEC. 3. AGRICULTURAL BEST PRACTICES. mat and linkage to the national soil data- Mr. President, I ask unanimous con- Title XIV of the National Agricultural Re- base described in clause (i) of county-level sent that the text of the bill be printed search, Extension, and Teaching Policy Act soil surveys and State-level soil maps; in the RECORD. of 1977 (7 U.S.C. 3101 et seq.) is amended by ‘‘(iii) updating of State-level soil maps; There being no objection, the legisla- adding at the end the following: ‘‘(iv) the linkage, for information purposes only, of soil information to other soil and tion was ordered to be printed in the ‘‘Subtitle N—Carbon Cycle and Agricultural land use databases; and RECORD, as follows: Best Practices ‘‘(v) the completion of evaluations, such as S. 1066 ‘‘SEC. 1490. DEFINITIONS. field validation and calibration, of modeling, Be it enacted by the Senate and House of Rep- ‘‘In this subtitle: remote sensing, and statistical inventory ap- resentatives of the United States of America in ‘‘(1) AGRICULTURAL BEST PRACTICE.—The proaches to carbon stock assessments re- Congress assembled, term ‘agricultural best practice’ means a lated to land management practices and ag- SECTION 1. SHORT TITLE. voluntary practice used by 1 or more agricul- ronomic systems at the field, regional, and This Act may be cited as the ‘‘Carbon tural producers to manage a farm or ranch national levels. Cycle and Agricultural Best Practices Re- that has a beneficial or minimal impact on ‘‘(B) UNIT OF INFORMATION.—The Secretary, search Act’’. the environment, including— acting through the Natural Resources Con- SEC. 2. FINDINGS. ‘‘(A) crop residue management; servation Service, shall disseminate a na- Congress finds that— ‘‘(B) soil erosion management; tional basic unit of information for an as- (1) agricultural producers in the United ‘‘(C) nutrient management; sessment of the carbon storage potential of States— ‘‘(D) remote sensing; soils in the United States. (A) have, in good faith, participated in ‘‘(E) precision agriculture; ‘‘(3) ECONOMIC RESEARCH SERVICE REPORT.— mandatory and voluntary conservation pro- ‘‘(F) integrated pest management; Not later than 1 year after the date of enact- grams, the successes of which are unseen by ‘‘(G) animal waste management; ment of this section, the Secretary, acting the general public, to preserve natural re- ‘‘(H) cover crop management; through the Economic Research Service, sources; and ‘‘(I) water quality and utilization manage- shall submit to the Committee on Agri- (B) have a personal stake in ensuring that ment; culture of the House of Representatives and the air, water, and soil of the United States ‘‘(J) grazing and range management; the Committee on Agriculture, Nutrition, are productive since agricultural produc- ‘‘(K) wetland management; and Forestry of the Senate a report that ana- tivity directly affects— ‘‘(L) buffer strip use; and lyzes the impact of the financial health of (i) the economic success of agricultural ‘‘(M) tree planting. the farm economy of the United States under producers; and ‘‘(2) CONSERVATION PROGRAM.—The term the Kyoto Protocol and other international (ii) the production of food and fiber for de- ‘conservation program’ means a program es- agreements under the Framework Conven- veloping and developed nations; tablished under— tion on Climate Change— (2) in addition to providing food and fiber, ‘‘(A) subtitle D of title XII of the Food Se- ‘‘(A) with and without market mechanisms agriculture serves an environmental role by curity Act of 1985 (16 U.S.C. 3830 et seq.); (including whether the mechanisms are per- providing benefits to air, soil, and water ‘‘(B) section 401 or 402 of the Agricultural mits for emissions and whether the permits through agricultural best practices; Credit Act of 1978 (16 U.S.C. 2201, 2202); are issued by allocation, auction, or other- (3) those conservation programs and Fed- ‘‘(C) section 3 or 8 of the Watershed Protec- wise); eral land provide the United States with an tion and Flood Prevention Act (16 U.S.C. ‘‘(B) with and without the participation of enormous potential to increase the quantity 1003, 1006a); or developing countries; of carbon stored in agricultural land and ‘‘(D) any other provision of law that au- ‘‘(C) with and without carbon sinks; and commodities through the carbon cycle; thorizes the Secretary to make payments or ‘‘(D) with respect to the imposition of tra- (4) according to the Climate Modeling and provide other assistance to agricultural pro- ditional command and control measures. Diagnostics Laboratory of the National Oce- ducers to promote conservation. ‘‘(c) CONSORTIA.— anic and Atmospheric Administration, North ‘‘SEC. 1491. CARBON CYCLE AND AGRICULTURAL ‘‘(1) IN GENERAL.—The Secretary may des- American soils, crops, rangelands, and for- BEST PRACTICES RESEARCH. ignate not more than 2 carbon cycle and ag- ests absorbed an equivalent quantity of car- ‘‘(a) IN GENERAL.—The Department of Agri- ricultural best practices research consortia. bon dioxide emitted from fossil fuel combus- culture shall be the lead agency with respect ‘‘(2) SELECTION.—The consortia designated tion as part of the natural carbon cycle from to any agricultural soil carbon research con- by the Secretary shall be selected in a com- 1988 through 1992; ducted by the Federal Government. petitive manner by the Cooperative State (5) the estimated quantity of carbon stored ‘‘(b) RESEARCH SERVICES.— Research, Education, and Extension Service. in world soils is more than twice the carbon ‘‘(1) AGRICULTURAL RESEARCH SERVICE.— ‘‘(3) DUTIES.—The consortia shall— in living vegetation or in the atmosphere; The Secretary, acting through the Agricul- ‘‘(A) identify, develop, and evaluate agri- (6) agricultural best practices can increase tural Research Service, shall collaborate cultural best practices using partnerships the quantity of carbon stored in farm soils, with other Federal agencies to develop data composed of Federal, State, or private enti- crops, and rangeland; and conduct research addressing soil carbon ties and the Department of Agriculture, in- (7) although there is a tremendous quan- balance and storage, making special efforts cluding the Agricultural Research Service; tity of carbon stored in soil that supports ag- to— ‘‘(B) develop necessary computer models to ricultural operations in the United States, ‘‘(A) determine the effects of management predict and assess the carbon cycle, as well the quantity of carbon stored in soil may be and conservation on carbon storage in crop- as other priorities requested by the Sec- increased by using a strategy that would land and grazing land; retary and the heads of other Federal agen- benefit the environment without imple- ‘‘(B) evaluate the long-term impact of till- cies; menting a United Nations-sponsored climate age and residue management systems on the ‘‘(C) estimate and develop mechanisms to change protocol or treaty; accumulation of organic carbon; measure carbon levels made available as a (8) Federal research is needed to identify— ‘‘(C) study the transfer of organic carbon result of voluntary Federal conservation pro- (A) the agricultural best practices that to soil; and grams, private and Federal forests, and other supplement the natural carbon cycle; and ‘‘(D) study carbon storage of commodities. land uses; and

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‘‘(D) develop outreach programs, in coordi- ‘‘(1) IN GENERAL.—The Secretary, in co- ‘‘(c) MEMORANDUM OF UNDERSTANDING.— nation with extension services, to share in- operation with the Administrator of the Na- The Secretary may enter into a memo- formation on carbon cycle and agricultural tional Aeronautics and Space Administra- randum of understanding with the Adminis- best practices that is useful to agricultural tion, shall carry out this section through the trator of the National Oceanic and Atmos- producers. Regional Earth Science Application Center pheric Administration to ensure that re- ‘‘(4) CONSORTIA PARTICIPANTS.—The partici- located at the University of Kansas (referred search goals of programs established by the pants in the consortia may include— to in this section as the ‘Center’), if the Cen- Federal Government related to carbon moni- ‘‘(A) land-grant colleges and universities; ter enters into a partnership with a land- toring are met through the monitoring sys- ‘‘(B) State geological surveys; grant college or university. tem. ‘‘(C) research centers of the National Aero- ‘‘(2) DUTIES OF CENTER.—The Center shall ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— nautics and Space Administration; serve as a research facility and clearing- There is authorized to be appropriated to ‘‘(D) other Federal agencies; house for satellite data, software, research, carry out this subtitle $10,000,000.’’. ‘‘(E) representatives of agricultural busi- and related information with respect to re- nesses and organizations; and mote sensing research conducted under this By Mr. ROCKEFELLER (for him- ‘‘(F) representatives of the private sector. section. self, Mr. CHAFEE, Mr. DEWINE, ‘‘(5) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(3) USE OF CENTER.—The Secretary, in co- Ms. COLLINS, Ms. LANDRIEU, Mr. There are authorized to be appropriated to operation with the Administrator of the Na- carry out this subsection $5,000,000 for each tional Aeronautics and Space Administra- LEVIN, Mr. MOYNIHAN, Mr. of fiscal years 2000 through 2002. tion, shall use the Center for carrying out re- KERREY, Mr. DORGAN, Mr. ‘‘(d) PROMOTION OF AGRICULTURAL BEST mote sensing research relating to agricul- CONRAD, Mr. INOUYE, Mr. PRACTICES.—The Secretary shall promote tural best practices. BREAUX, Mr. DURBIN, and Mr. voluntary agricultural best practices that ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.— TORRICELLI): take into account soil organic matter dy- There is authorized to be appropriated to S. 1067. A bill to promote the adop- namics, carbon cycle, ecology, and soil orga- carry out this section $5,000,000 for fiscal tion of children with special needs; to nisms that will lead to the more effective use years 2000 through 2002. of soil resources to— ‘‘SEC. 1493. CONSERVATION PREMIUM PAYMENTS. the Committee on Finance. ‘‘(1) enhance the carbon cycle; ‘‘In addition to payments that are made by THE ADOPTION EQUALITY ACT OF 1999 ‘‘(2) improve soil quality; the Secretary to producers under conserva- Mr. ROCKEFELLER. Mr. President, I ‘‘(3) increase the use of renewable re- tion programs, the Secretary may offer con- rise today to introduce the Adoption sources; and servation premium payments to producers Equality Act of 1999. I would like to ‘‘(4) overcome unfavorable physical soil that are participating in the conservation properties. programs to compensate the producers for thank Senator CHAFEE for his leader- ‘‘(e) ANNUAL REPORT.—The Secretary shall allowing researchers to scientifically ana- ship on behalf of vulnerable children, submit to the Committee on Agriculture of lyze, and collect information with respect to, including our bipartisan work on this the House of Representatives and the Com- agricultural best practices that are carried legislation. He joins me today as an mittee on Agriculture, Nutrition, and For- out by the producers as part of conservation original co-sponsor of this legislation estry of the Senate an annual report that de- projects and activities that are funded, in as do Senators DEWINE, COLLINS, scribes programs that are or will be con- whole or in part, by the Federal Govern- ducted by the Secretary, through land-grant ment. LEVIN, LANDRIEU, MOYNIHAN, BREAUX, ERREY ORGAN ONRAD NOUYE colleges and universities, to provide to agri- ‘‘SEC. 1494. ASSISTANCE FOR AGRICULTURAL K , D , C , I , cultural producers the results of research BEST PRACTICES AND NATURAL RE- DURBIN and TORRICELLI. Work on this conducted on agricultural best practices, in- SOURCE MANAGEMENT PLANS legislation is based on the bipartisan cluding the results of— UNDER CONSERVATION PROGRAMS. work of the Senate coalition that sup- ‘‘(1) research; ‘‘(a) IN GENERAL.—In addition to assistance ported the 1997 Adoption and Safe Fam- ‘‘(2) future research plans; that is provided by the Secretary to producers under conservation programs, the ilies Act. ‘‘(3) consultations with appropriate sci- A unique bipartisan coalition formed entific organizations; Secretary, on request of the producers, shall ‘‘(4) proposed extension outreach activi- provide education through extension activi- in 1997 worked hard to forge consensus ties; and ties and technical and financial assistance to on the Adoption and Safe Families Act ‘‘(5) findings of scientific peer review under producers that are participating in the con- of 1997 (ASFA). This law, for the first servation programs to assist the producers in section 103(d)(1) of the Agricultural Re- time ever, establishes that a child’s planning, designing, and installing agricul- search, Extension, and Education Reform tural best practices and natural resource health and safety must be paramount Act of 1998 (7 U.S.C. 7613(d)(1)). management plans established under the when any decisions are made regarding ‘‘SEC. 1492. CARBON CYCLE REMOTE SENSING conservation programs. children in the abuse and neglect sys- TECHNOLOGY. ‘‘(b) INFORMATION TO DEVELOPING NA- tem. While this law was the most ‘‘(a) CARBON CYCLE REMOTE SENSING TECH- TIONS.—The Secretary shall disseminate to NOLOGY PROGRAM.— sweeping and comprehensive piece of developing nations information on agricul- child welfare legislation passed in over ‘‘(1) IN GENERAL.—The Secretary, in co- tural best practices and natural resource operation with the Administrator of the Na- management plans that— a decade, more work needs to be done tional Aeronautics and Space Administra- ‘‘(1) provide crucial agricultural benefits to truly achieve the goals promoted in tion, shall develop a carbon cycle remote for soil and water quality; and the Act of safety, stability and perma- sensing technology program— ‘‘(2) increase production. nence for all abused and neglected chil- ‘‘(A) to provide, on a near-continual basis, ‘‘SEC. 1495. CARBON CYCLE RESEARCH MONI- dren. Senator CHAFEE and I and all of a real-time and comprehensive view of vege- TORING SYSTEM. tation conditions; and the other co-sponsors I have named ‘‘(a) ESTABLISHMENT.—The Secretary, in committed ourselves to continuing ‘‘(B) to assess and model agricultural car- conjunction with the Administrator of the bon sequestration. National Oceanic and Atmospheric Adminis- that work and that is why we are here ‘‘(2) USE OF CENTERS.—The Administrator tration and the United States Global Change today. of the National Aeronautics and Space Ad- Research Program, may establish a nation- Throughout the process of developing ministration shall use regional earth science wide carbon cycle monitoring system (re- the Adoption Act we heard about the application centers to conduct research ferred to in this section as the ‘monitoring challenging circumstances facing chil- under this section. system’) to research the flux of carbon be- dren described as having ‘‘special ‘‘(3) RESEARCHED AREAS.—The areas that tween soil, air, and water. shall be the subjects of research conducted ‘‘(b) PURPOSE OF SYSTEM.—The monitoring needs’’. These include children who are under this section include— system shall focus on locating network mon- the most difficult to place into perma- ‘‘(A) the mapping of carbon-sequestering itors on or near agricultural best practices nent homes, often due to their age, dis- land use and land cover; that are— ability or status as part of a group of ‘‘(B) the monitoring of changes in land ‘‘(1) undertaken voluntarily; siblings needing to be placed together. cover and management ‘‘(2) undertaken through a conservation I spent time learning about the special ‘‘(C) new systems for the remote sensing of program of the Department of Agriculture; needs children in my own state of West ‘‘(3) implemented as part of a program or soil carbon; and Virginia. Prior to the passage of ASFA, ‘‘(D) regional-scale carbon sequestration activity of the Department of Agriculture; or estimation. ‘‘(4) identified by the Administrator of the there were 870 children, most with spe- ‘‘(b) REGIONAL EARTH SCIENCE APPLICATION National Oceanic and Atmospheric Adminis- cial needs, awaiting adoption in West CENTER.— tration. Virginia. Today, I am proud to report

VerDate jul 14 2003 13:40 Jan 13, 2005 Jkt 069102 PO 00000 Frm 00055 Fmt 0686 Sfmt 0634 E:\BR99\S18MY9.001 S18MY9 May 18, 1999 CONGRESSIONAL RECORD—SENATE 9899 that this number has been reduced to country, many complex questions are censed private child placement agency or In- 621. The dedication of our state adop- raised about what constitutes best pol- dian tribal organization pursuant to a vol- tion staff, when combined with the in- icy, and how Federal tax dollars should untary placement agreement, relinquish- centives and focus on permanence pro- be spent. Yet, at the heart of it all are ment, or involuntary removal of the child from the home, and the State has deter- vided in ASFA have successfully ef- the children who desperately want a mined, pursuant to criteria established by fected the placement of nearly a third family to call their own, and the fami- the State (which may, but need not, include of the waiting children. lies who want to adopt them. The lack a judicial determination), that continuation One of the most significant provi- of adequate financial resources to sup- in the home would be contrary to the safety sions of ASFA was the assurance of on- port these adoptions is often the only or welfare of such child; going health care coverage for all chil- barrier that stands between an abused ‘‘(II) meets all medical or disability re- dren with special needs who move from child and a safe, loving and permanent quirements of title XVI with respect to eligi- foster care to adoption. The Adoption home. With the numbers of abused and bility for supplemental security income benefits; or Equality Act is an essential second neglected children rising dramati- ‘‘(III) was residing in a foster family home step in this ongoing process. This im- cally—in West Virginia alone child or child care institution with the child’s portant legislation will promote and abuse reports have doubled—from 13,000 minor parent (pursuant to a voluntary place- increase adoptions by making all chil- in 1986 to over 26,000 in 1996—we need to ment agreement, relinquishment, or involun- dren with special needs eligible for remove every barrier in our efforts to tary removal of the child from the home, and Federal adoption subsidy. The bill is make a difference. A West Virginia the State has determined, pursuant to cri- designed to ‘‘level the playing field’’ by family recently told me: teria established by the State (which may, but need not, include judicial determina- ensuring that all children with special I knew we had enough love to give a child tion), that continuation in the home would with special needs—even siblings. But could needs, and the loving families who be contrary to the safety or welfare of such we afford it? More children means more of adopt them, have the support they child); and everything. This obstacle was removed need to grow and develop. ‘‘(ii) has been determined by the State, through the adoption subsidy program and Current law provides for the payment pursuant to subsection (c), to be a child with we now have four children in our lives. Our of federal adoption subsidies to fami- special needs, which needs shall be consid- lives have truly changed. Special needs for ered by the State, together with the cir- lies who adopt only those special needs us was a very special way to adopt a waiting cumstances of the adopting parents, in deter- children whose biological family would child. mining the amount of any payments to be have been qualified for welfare benefits Federal adoption subsidies are de- under the old 1996 AFDC standards. made to the adopting parents. signed to encourage adoption of chil- ‘‘(B) Notwithstanding any other provision Federal adoption subsidy payments dren with special needs—those children of law, and except as provided in paragraph provide essential income support to who have the hardest time finding per- (7), a child who is not a citizen or resident of help families finance the daily costs of manent, adoptive families. It is an ab- the United States and who meets the re- raising these special children (food, quirements of subparagraph (A) shall be surd policy to discriminate against treated as meeting the requirements of this clothing) and also special services thousands of children with special (equipment, therapy, tutoring, etc.). paragraph for purposes of paragraph needs based upon the income of their (1)(B)(ii). Federal adoption subsidies are a vital biological (and often abusive) parents. ‘‘(C) A child who meets the requirements of link in securing adoptive homes for It is time to create a Federal policy subparagraph (A), who was determined eligi- special needs children who by defini- that levels the playing field and gives ble for adoption assistance payments under this part with respect to a prior adoption (or tion would not be adopted without sup- all children with special needs an equal port. who would have been determined eligible for and fair chance at being adopted. such payments had the Adoption and Safe Under current law, a child’s eligi- I am confident that the Adoption bility for these important benefits is Families Act of 1997 been in effect at the Equality Act will do just that, and at time that such determination would have dependent on the income of his or her the same time, with the re-investment been made), and who is available for adop- biological parents even though these requirement, states should have the in- tion because the prior adoption has been dis- parents’ legal rights to the child have centive to make additional improve- solved and the parental rights of the adop- been terminated, and these are the par- ments in their child welfare systems. tive parents have been terminated or because ents who either abused or neglected the the child’s adoptive parents have died, shall These will be valuable steps in our ef- be treated as meeting the requirements of child. This is, simply, wrong. The forts to be more able to effectively ad- Adoption Equality Act will eliminate this paragraph for purposes of paragraph dress the needs of our Nation’s most (1)(B)(ii).’’. this anomaly in Federal law by making vulnerable children. I urge my col- (b) EXCEPTION.—Section 473(a) of the Social all special needs children eligible for leagues join us in co-sponsoring and Security Act (42 U.S.C. 673(a)) is amended by Federal adoption subsidies. passing this bill. adding at the end the following: First, the bill removes the require- ‘‘(7)(A) Notwithstanding any other provi- I ask unanimous consent that the sion of this subsection, no payment may be ment that an income eligibility deter- text of the bill and a brief fact sheet be mination be made in regard to the made to parents with respect to any child printed in the RECORD. child’s biological parents, whom the that— There being no objection, the mate- ‘‘(i) would be considered a child with spe- child is leaving, thereby allowing Fed- rial was ordered to be printed in the cial needs under subsection (c); eral adoption subsidy to be paid to all RECORD, as follows: ‘‘(ii) is not a citizen or resident of the families who adopt children who meet S. 1067 United States; and the definition of special needs. ‘‘(iii) was adopted outside of the United Second, the bill gives States flexi- Be it enacted by the Senate and House of States or was brought into the United States Representatives of the United States of America bility in determining their own cri- for the purpose of being adopted. in Congress assembled, ‘‘(B) Subparagraph (A) shall not be con- teria, which may, but need not, include SECTION 1. SHORT TITLE. judicial determination, to the effect strued as prohibiting payments under this This Act may be cited as the ‘‘Adoption part for a child described in subparagraph that continuation in the home would Equality Act of 1999’’. (A) that is placed in foster care subsequent be contrary to the safety or welfare of SEC. 2. PROMOTION OF ADOPTION OF CHILDREN to the failure, as determined by the State, of the child, as well as their own defini- WITH SPECIAL NEEDS. the initial adoption of such child by the par- tion of which of the children in their (a) IN GENERAL.—Section 473(a) of the So- ents described in such subparagraph.’’. state are children with special needs. cial Security Act (42 U.S.C. 673(a)) is amend- (c) REQUIREMENT FOR USE OF STATE SAV- Third, the bill requires that states ed by striking paragraph (2) and inserting INGS.—Section 473(a) of the Social Security re-invest the monies they save as a re- the following: Act (42 U.S.C. 673(a)), as amended by sub- ‘‘(2)(A) For purposes of paragraph (1)(B)(ii), section (b), is amended by adding at the end sult of this bill back into their state a child meets the requirements of this para- the following: child abuse and neglect programs. graph if such child— ‘‘(8) A State shall spend an amount equal When we talk about how to help ‘‘(i)(I) at the time of termination of paren- to the amount of savings (if any) in State ex- abused and neglected children in this tal rights was in the care of a public or li- penditures under this part resulting from the

VerDate jul 14 2003 13:40 Jan 13, 2005 Jkt 069102 PO 00000 Frm 00056 Fmt 0686 Sfmt 0634 E:\BR99\S18MY9.001 S18MY9 9900 CONGRESSIONAL RECORD—SENATE May 18, 1999 application of paragraph (2) on and after the the biological parents as well as to the (and often abusive) parents. It is time to cre- effective date of the amendment to such child’s disability. ate a Federal policy that levels the playing paragraph made by section 2(a) of the Adop- Current law defines a child with special field and gives all children with special needs tion Equality Act of 1999 to provide to chil- needs, as a child who has a specific factor or an equal and fair chance at being adopted. dren or families any service (including post- condition (such as ethnic background, age, The proposed changes will do just that. adoption services) that may be provided or membership in a minority or sibling They are designed to remove a significant under this part or part B.’’. group, or the presence of factors such as barrier to the adoption of these children by (d) DETERMINATION OF A CHILD WITH SPE- medical conditions or physical, mental, or making all special needs children eligible for CIAL NEEDS.—Section 473(c) of the Social Se- emotional handicaps) because of which it is Federal adoption subsidies, regardless of in- curity Act (42 U.S.C. 673(c)) is amended to reasonable to conclude that such child can- come of the biological (and often abusive) read as follows: not be placed with adoptive parents without parents whom they are leaving. ‘‘(c) For purposes of this section, a child providing adoption assistance under this sec- At the same time, with the re-investment requirement, states should have the incen- shall not be considered a child with special tion and medical assistance under title XIX, tive to make additional improvements in needs unless— and that except where it would be against their child welfare systems. ‘‘(1)(A) the State has determined, pursuant the best interests of the child because of to a criteria established by the State (which such factors as the existence of significant By Mr. KERRY (for himself, Mr. may or may not include a judicial deter- emotional ties with prospective adoptive mination), that the child cannot or should parents while in the care of such parents as BOND, Mr. HOLLINGS, Mr. not be returned to the home of his parents; a foster child, a reasonable, but unsuccessful, WELLSTONE, Mr. TORRICELLI, or effort has been made to place the child with Mr. MOYNIHAN, Mr. JOHNSON, ‘‘(B) the child meets all medical or dis- appropriate adoptive parents without pro- Ms. LANDRIEU, and Mr. LEVIN): ability requirements of title XVI with re- viding adoption assistance under this section S. 1068. A bill to provide for health, spect to eligibility for supplemental security or medical assistance under title XIX. education, and welfare of children income benefits; and Under current law, the amount of pay- under 6 years of age; to the Committee ‘‘(2) the State has determined— ments to be made are determined through an on Health, Education, Labor, and Pen- ‘‘(A) that there exists with respect to the agreement between the adoptive parents and sions. child a specific factor or condition (such as the State or local agency. This agreement ethnic background, age, or membership in a EARLY CHILDHOOD DEVELOPMENT ACT OF 1999 takes into account both the special needs of ∑ minority or sibling group, or the presence of the child and the circumstances of the adopt- Mr. KERRY. Mr President, in the factors such as medical conditions or phys- ing parents. It may be periodically adjusted, aftermath of the tragic school shoot- ical, mental, or emotional handicaps) be- and can continue to be paid until the child ings in Littleton, and in this debate cause of which it is reasonable to conclude reaches the age of 18 (or 21 if the child has a here in the Senate about juvenile jus- that the child cannot be placed with adop- physical or mental handicap which warrants tice, we’ve heard a great deal about ef- tive parents without providing adoption as- that the payments continue). The amount of forts to keep guns out of the hands of sistance under this section and medical as- payment may never exceed the amount that violent students, we’ve heard about ef- sistance under title XIX; and would be paid as a foster care maintenance ‘‘(B) that except where it would be against forts to try juvenile offenders as payment if the same child had remained in adults, about stiffer sentences, about the best interests of the child because of foster care. such factors as the existence of significant so many answers to the problem of kids EXPLANATION OF PROVISION emotional ties with prospective adoptive who have run out of second and third parents while in the care of such parents as This bill makes all special needs children chances—kids who are violent, kids a foster child, a reasonable, but unsuccessful, eligible for Federal adoption subsidies by who are committing crimes, children ‘‘delinking’’ a child’s eligibility from the ar- effort has been made to place the child with who are a danger to themselves and a appropriate adoptive parents without pro- chaic AFDC guidelines, or other income-eligibility determinations that would be based danger to those around him. Mr. Presi- viding adoption assistance under this section dent, I was a prosecutor in Massachu- or medical assistance under title XIX.’’. upon the income of the biological parents, (d) EFFECTIVE DATE.—The amendments whom the child is leaving. setts before I entered elected office. made by this section shall take effect on Oc- First, the bill removes the requirement I’ve seen these violent teenagers and tober 1, 1999. that an income eligibility determination be young people come to court, and Mr. made in regard to the child’s biological par- President let me tell you there is noth- THE SOCIAL SECURITY ACT, TITLE IV, PART ents, thereby allowing Federal adoption sub- ing more tragic than seeing these chil- E—FEDERAL PAYMENTS FOR FOSTER CARE sidy to be paid to all families who adopt children who—in too many cases—have a AND ADOPTION ASSISTANCE, FACT SHEET dren who meet the definition of special needs. jail cell in their future not far down AND EXPLANATION, ADOPTION ASSISTANCE the road, children who have done what PROGRAM, SECTION 473 The bill does NOT change the definition of special needs as described above. Nor does is, at times, irreparable harm to their PRESENT LAW this bill change the method by which the communities. Current law provides for the payment of payment amount is determined. And Mr. President, I keep asking my- federal adoption subsidies to families who Second, the bill gives States flexibility in self, why is it we only start to care adopt ‘‘special needs’’ children whose bio- determining their own criteria, which may, logical family would have been qualified for about these kids at that point—after but need not, include judicial determination, the violence, after the arrest, after the welfare benefits under the old 1996 AFDC to the effect that continuation in the home standards. Federal adoption subsidy pay- damage has been done, when it may be would be contrary to the safety or welfare of too late—when we could have started ments provide essential income support to the child. help families finance the daily costs of rais- Third, the bill allows for Federal adoption intervening in our kids’ lives early on, ing these special children (food, clothing) subsidy to be paid to families who adopt spe- before it was too late. Mr. President, and also special services (equipment, ther- cial needs children who meet the medical/ we can’t say that we’re having a real apy, tutoring, etc.). Federal adoption sub- disability requirements, without requiring debate about juvenile justice if we’re sidies are a vital link in securing adoptive that they, or their biological parents, meet not talking about early childhood de- homes for special needs children who by defi- the income standards, of title XVI with re- velopment efforts. nition would not be adopted without support. spect to supplemental security income bene- Under current law, a child’s eligibility for The truth is that early intervention fits. these important benefits is dependent on the can have a powerful effect on reducing Fourth, the bill requires that states re-in- income of his or her biological parents even government welfare, health, criminal vest the monies they save as a result of this though these parents’ legal rights to the bill back into their state child abuse and ne- justice, and education expenditures in child have been terminated, and these are glect programs. the long run. By taking steps now we the parents who either abused or neglected can reduce later destructive behavior REASON FOR CHANGE the child. such as dropping out of school, drug Current law also allows for the payment of Federal adoption subsidies are designed to use, and criminal acts like the ones we federal adoption subsidies to families who encourage adoption of children with special adopt a ‘‘special needs’’ child who meets all needs—those children who have the hardest have seen in Littleton and Jonesboro. the requirements of title XVI with respect to time finding permanent, adoptive families. It A study of the High/Scope Founda- eligibility for supplemental security income is an absurd policy to discriminate against tion’s Perry Preschool found that at- benefits (SSI), again, linking a child’s eligi- thousands of children with special needs risk toddlers who received pre-school- bility for subsidy to the income and assets of based upon the income of their biological ing and a weekly home visit reduced

VerDate jul 14 2003 13:40 Jan 13, 2005 Jkt 069102 PO 00000 Frm 00057 Fmt 0686 Sfmt 0634 E:\BR99\S18MY9.001 S18MY9 May 18, 1999 CONGRESSIONAL RECORD—SENATE 9901 the risk that these children would grow dren who play very little or are rarely than we can in a courtroom or in a jail up to become chronic law breakers by a touched develop brains 20 to 30 percent cell. startling 80 percent. The Syracuse Uni- smaller than normal for their age. Mr. President, these questions need versity Family Development Study Mr. President, reversing these prob- to be a part of this juvenile justice de- showed that providing quality early- lems later in life is far more difficult bate, but they’re not being included to childhood programs to families until and costly. We know that—if it wasn’t the extent to which they should. My children reached age five reduces the so much harder, we wouldn’t be having colleague KIT BOND and I are intro- children’s risk of delinquency ten years this difficult debate in the Senate. Well ducing our Early Childhood Develop- later by 90 percent. It’s no wonder that I think it’s time we talked about giv- ment Act to move us forward in a bi- a recent survey of police chiefs found ing our kids the right start in their partisan way towards that discussion— that nine out of ten said that ‘‘America lives they need to be healthy, to be and towards actions we can take to could sharply reduce crime if govern- successful, to mature in a way that provide meaningful intervention in the ment invested more’’ in these early doesn’t lead to at-risk and disruptive lives of all of our children. KIT BOND intervention programs. behavior and violence down the road. and I are appreciative of the deep sup- Let me tell you about the Early We should stop and consider what’s port we’ve found for this legislation, Childhood Initiative (ECI) in Allegheny really at stake here. Poverty seriously evident in the co-sponsorship of the County, Pennsylvania—an innovative impairs young children’s language de- Kerry-Bond bill by Senator HOLLINGS, program which helps low-income chil- velopment, math skills, IQ scores, and Senator JOHNSON, Senator LANDRIEU, dren from birth to age five become suc- their later school completion. Poor Senator LEVIN, Senator MOYNIHAN, cessful, productive adults by enrolling young children also are at heightened Senator WELLSTONE, and my colleague them in high quality, neighborhood- risk of infant mortality, anemia, and from New Jersey, Senator BOB based early care and education pro- stunted growth. Of the 12 million chil- TORRICELLI. We are looking forward to grams ranging from Head Start, cen- dren under the age of three in the working with all of you, from both ter-based child care, home-based child United States today, three million—25 sides of the aisle, to make that debate care, and school readiness programs. percent—live in poverty. Three out of on the Kerry-Bond bill a productive ECI draws on everything that’s right five mothers with children under three one, a debate that leads to the kind of about Allegheny County—the strengths work, but one study found that 40 per- actions we know can make the dif- of its communities—neighborhood deci- cent of the facilities at child care cen- ference in addressing violence ten sion-making, parent involvement, and ters serving infants provided care of years before it starts, in getting all our quality measurement. Parents and such poor quality as to actually jeop- children off to the right start towards community groups decide if they want ardize children’s health, safety, or de- full and productive lives.∑ to participate and they come together velopment. In more than half of the ∑ Mr. BOND. Mr. President, I rise and develop a proposal tailored for the states, one out of every four children today to introduce the ‘‘Early Child- community. Regular review programs between 19 months and three years of hood Development Act of 1999’’ with ensure quality programming and cost- age is not fully immunized against my friend and colleague from Massa- effectiveness. We’re talking about local common childhood diseases. Children chusetts, Senator KERRY. control getting results locally: 19,000 who are not immunized are more likely Through this legislation, we are pre-school aged children from low-in- to contract preventable diseases, which seeking to support families with the come families, 10,000 of which were not can cause long-term harm. Children youngest children to find the early enrolled in any child care or education younger than three make up 27 percent childhood education and quality child program. By the year 2000, through of the one million children who are de- care programs that can help those fam- funding supplied by ECI, approximately termined to be abused or neglected ilies and parents provide the sup- 75% of these under-served pre-schoolers each year. Of the 1,200 children who portive, stimulating environment we will be reached. Early evaluations show died from abuse and neglect in 1995, 85 all know their children need. that enrolled children are achieving at percent were younger than five and 45 Recent research shows that the first rates equivalent to their middle in- percent were younger than one. few years of life are an absolutely cru- come peers. And as we know, without Literally the future of millions of cial developmental period for each this leveling of the playing field, low- young people is at stake here. Lit- child with a significant bearing on fu- income children are at a greater risk of erally, that’s what we’re talking about. ture prospects. During this time, infant encountering the juvenile justice sys- But is it reflected in the investments brain development occurs more rapidly tem. That’s a real difference. we make here in the Senate? I would, than previously thought, and the sen- These kinds of programs are success- respectfully, say no—not nearly sations and experiences of this time go ful because children’s experiences dur- enough Mr. President. a long way toward shaping that baby’s ing their early years of life lay the Unfortunately, Mr. President, our mind in a way that has long-lasting ef- foundation for their future develop- government expenditure patterns are fects on all aspects of the child’s life. ment. But in too many places in this inverse to the most important early de- And parents and family are really the country our failure to provide young velopment period for human beings. Al- key to this development. Early, posi- children what they need during these though we know that early investment tive interaction with parents, grand- crucial early years has long-term con- can dramatically reduce later remedial parents, aunts, uncles, and other adults sequences and costs for America. and social costs, currently our nation plays a critical role. Recent Scientific evidence conclu- spends no more than $35 billion over Here’s what’s going on during these sively demonstrates that enhancing five years on federal programs for at- amazing early years that in so many children’s physical, social, emotional, risk or delinquent youth and child wel- ways are crucial to each child. At and intellectual development will re- fare programs. birth, a baby’s brain contains 100 bil- sult in tremendous benefits for chil- That is a course we need to change, lion neurons, roughly as many nerve dren, families, and our nation. The Mr. President. We need to start talking cells as there are stars in the Milky electrical activity of brain cells actu- in a serious and a thoughtful way— Way. But the wiring pattern between ally changes the physical structure of through a bipartisan approach—about these neurons develops over time. Most the brain itself. Without a stimulating making a difference in the lives of our things happening in the surrounding environment, the baby’s brain suffers. children before they’re put at risk. We world—such as a mother’s caress, a fa- At birth, a baby’s brain contains 100 need to accept the truth that we can do ther’s voice, even playing with a broth- billion neurons, roughly as many nerve a lot more to help our kids grow up er or sister—helps this wiring pattern cells as there are stars in the Milky healthy with promising futures in an expand and connect. A baby with a Way. But the wiring pattern between early childhood development center, in stimulating environment will make these neurons develops over time. Chil- a classroom, and in a doctor’s office these connections at a tremendous

VerDate jul 14 2003 13:40 Jan 13, 2005 Jkt 069102 PO 00000 Frm 00058 Fmt 0686 Sfmt 0634 E:\BR99\S18MY9.002 S18MY9 9902 CONGRESSIONAL RECORD—SENATE May 18, 1999 rate. However, infants and children plishment when I was Missouri’s Gov- rity Act. Battered women face tremen- who play very little or are rarely ernor. dous economic barriers when they touched or stimulated develop brains With additional resources, these pro- leave their abusive relationships and that can be 20 to 30 percent smaller grams could be expanded and enhanced set out to make a new life for them- than normal for their age. to improve the opportunities for many selves and their children. Our bill ad- Really we shouldn’t be surprised that more infants and young children. And dresses the numerous and critical parents have known instinctively for we have found that all children can issues that victims of domestic vio- generations some of these basic truths benefit from these programs. Economi- lence face as they try to escape the vio- that science is just now figuring out. cally successful, two-income families lence in their lives. Most parents just know that babies can benefit from early childhood pro- I know that Senator MURRAY joins need to be hugged, caressed, and spo- grams just as much as a single-parent me in applauding Senator BIDEN’s ef- ken to. family with a mother seeking work op- forts in crafting legislation to reau- Of course, the types of interaction portunities. thorize the programs in the Violence that can most enhance a child’s devel- The legislation that Senator KERRY Against Women Act. As I and many of opment change as the baby’s body and and I are introducing will support fam- my colleagues have heard from folks mind grow. The types of behavior that ilies by building on local initiatives back home, these programs have pro- are so instinctual for the youngest ba- like Parents as Teachers that have al- vided invaluable and life saving re- bies may not be quite so obvious for ready been proven successful in work- sources to battered women and their two- and three-year-olds. Raising a ing with families as they raise their in- families. I am proud to be an original child is perhaps the most important fants and toddlers. The bill will help co-sponsor of the bipartisan bill that thing any of us will do, but it is also improve and expand these successful Senator BIDEN has developed to build one of the most complicated. programs, of which there are numerous on the success of VAWA I and expand And parents today also face a variety other examples, such as programs spon- those programs. As a result of VAWA I, we now have of stresses and problems that were un- sored by the United Way, Boys and an infrastructure in place that helps heard of a generation ago. In many Girls Clubs, as well as state initiatives the community respond to this vio- families, both parents work. Whether such as ‘‘Success by Six’’ in Massachu- lence. VAWA provides the resources to by choice or by necessity, many par- setts and Vermont and the ‘‘Early enable local law enforcement and the ents may not be able to read moun- Childhood Initiative’’ in Pennsylvania. courts prosecute those who batter tains of books and articles about par- The bill will provide federal funds to women. And many other programs are enting and child development to keep states to begin or expand local initia- now in place to help women leave their perfectly up-to-date on what types of tives to provide early childhood edu- abusers. experiences are most appropriate for cation, parent education, and family But, when a woman does take the ini- their child at his or her particular support. The bill will also expand qual- tial step to leave her abuser and seek stage of development. They also must ity child care programs for families, es- help, she is beginning a journey that is try to find good child care and good en- pecially infant care. Best of all, we pro- filled with obstacles, largest of which vironments where their children can be pose to do this with no federal man- are economic. All to often battered stimulated and educated while they dates, and few federal guidelines. women stay with their abuser because work. Simply put, most parents can Many of our society’s problems, such of the economic support he provides for probably use a little help. as the high school dropout rate, drug her and her children. Now that we have Many communities across the coun- and tobacco use, and juvenile crime begun to build an infrastructure that try have developed successful early can be traced in part to inadequate provides for the initial immediate childhood development programs to child care and early childhood develop- needs of shelter and legal services, we meet these needs. Most of the programs ment opportunities. Increasingly, re- need to look at the bigger picture. We work with parents to help them under- search is showing us that a child’s so- must provide economic supports that stand their child’s development and to cial and intellectual development as allow battered women to provide for discuss ways to help further develop well as there likelihood to become in- themselves and their children, and the little baby’s potential. Others sim- volved in these types of difficulties is keep them safe after they leave tem- ply provide basic child care and an ex- deeply rooted in the early interaction porary shelters. That is the reason citing learning environment for chil- and nurturing a child receives in his or Senator MURRAY and I are introducing dren of parents who both have to work. her early years. the Battered Women’s Economic Secu- In a report released in 1998, the pres- Ultimately, it is important to re- rity Act. tigious RAND Corporation reviewed member that the likelihood of a child The Battered Women’s Economic Se- early childhood programs like these growing up in a healthy, nurturing en- curity Act addresses the economic ob- and found that they provide higher- vironment is the primary responsi- stacles women who are victims of do- risk children with both short- and bility of his or her parents and family. mestic violence face when trying to long-run benefits. These benefits in- Government cannot and should not be- leave their abuser. For example, find- clude enhanced development of both come a substitute for parents and fami- ing affordable and safe housing is crit- the mind and the child’s ability to lies, but we can help them become ical for all battered women and their interact with others, they include im- stronger by equipping them with the children, but particularly for low-in- provement in educational outcomes, resources to meet the everyday chal- come women. A 1998 report funded by and they include a long-term increase lenges of parenting.∑ the Ford Foundation found that of all in self-sufficiency through finding jobs homeless women and children, 50 per- and staying off government programs. By Mr. WELLSTONE (for him- cent of them are fleeing domestic vio- Of course, it’s no mystery to many self, Mrs. MURRAY, and Mr. lence. Let me say that again, half of all people from Missouri that this type of SCHUMER): homeless women and children leave program can be successful. In Missouri, S. 1069. A bill to provide economic se- their home because the violence there we are both proud and lucky to be the curity and safety for battered women, threatens their lives. home of Parents as Teachers. This tre- and for other purposes; to the Com- Not only are over half of homeless mendous initiative is an early child- mittee on Finance. women fleeing violence, but too many hood parent education program that BATTERED WOMEN’S ECONOMIC SECURITY AND of them do not find shelter that they has been designed to empower all par- SAFETY ACT need. A report from the U.S. Con- ents to giver their young child the best Mr. WELLSTONE. Mr. President, ference of Mayors found that homeless possible start in life. Expanding Par- today, I am joined by Senator MURRAY shelters are finding an increasing need ents as Teachers to a statewide pro- and Senator SCHUMER in introducing for women and children. Of that grow- gram was perhaps my proudest accom- the Battered Women’s Economic Secu- ing need, 1 out of every 3 families that

VerDate jul 14 2003 13:40 Jan 13, 2005 Jkt 069102 PO 00000 Frm 00059 Fmt 0686 Sfmt 0634 E:\BR99\S18MY9.002 S18MY9 May 18, 1999 CONGRESSIONAL RECORD—SENATE 9903 shows up at a homeless shelter is legal system when they file for protec- issuing and administering insurance policies turned away, and ends up on the street tive orders. Many times women need to victims of domestic violence with uniform for the night. counseling for themselves and their protection from insurance discrimination. It is simply unacceptable for us to children to support them as they estab- Subtitle D. Access to Safety and Advo- cacy.—Issues grants to provide legal assist- allow women and children, who are lish a life separate from their ance, lay advocacy and referral services to fleeing violence, to be turned out into batterers. Allowing women to use the victims of domestic violence who have inad- the streets. When are we as a society FMLA to take this necessary time off equate access to sufficient financial re- going to stand up and say no more? will help women become more produc- sources for appropriate legal assistance; in- Without safe shelter, women and their tive workers and give then the finan- cludes set-aside for tribes. children will continue to stay in vio- cial independence they need to begin a Subtitle E. Battered Women’s Shelters and lent relationships because at least they new, violence free life. Services.—Amends the Family Violence Pre- have a roof over their heads. Such a Not only do we need to provide vention and Services Act to authorize $1 billion to battered women’s shelters over the situation is shameful in such a pros- women with the flexibility that they next five years; includes additional oversight perous country as our own, and in such need, but need to ensure that their and review; caps spending for training and a booming economy as this one. rights are protected should they un- technical assistance by State coalitions with Our bill makes sure that money goes fairly lose their job. This bill prohibits the remaining money to go to domestic vio- directly to shelters for victims of do- discrimination against an employee lence programs; adds new proposals for train- mestic violence so that the people who based on her status or experience as a ing and technical assistance; allots money are directly involved with helping bat- victim of domestic violence. It recog- for tribal domestic violence coalitions.). tered women can help them find new nizes that we need not only policies Subtitle F. Battered Immigrant Women’s housing. We also made sure that our Economic Security and Safety—Addresses that prohibit discrimination, but teeth gaps, errors and oversights in current legis- bill provided resources to find that new to give those policies some bite. Our lation that impede battered immigrant wom- housing by boosting the McKinney bill would give women the legal means en’s ability to flee violent relationships and Homeless Act to provide funding for to challenge any discrimination they survive economically; ensures that battered battered women and their children. may have faced as a result of being a immigrants with pending immigration appli- Anyone who has known someone flee- victim of domestic violence. cations are able to access public benefits, ing a violent relationship or has talked As many of you know, we are still Food Stamps, SSI, housing, work permits, to advocates knows that safe shelter struggling to get all sectors of society and immigration relief. and housing are the first and imme- to understand that domestic violence TITLE II. VIOLENCE AGAINST WOMEN AND THE diate needs. But women cannot stay in affects all aspects of a battered wom- WORKPLACE shelters or transitional housing indefi- an’s life. Too many times women who Subtitle A. National Clearinghouse on Do- nitely. Women also need to find work have applied for health insurance are mestic Violence and Sexual Assault and the to keep them on that path to independ- Workplace Grant.—Establishes clearing- denied or charge exorbitant rates when house and resource center to give informa- ence and safety. Our bill protects insurance companies find out that they tion and assistance to businesses, employers women in the workplace so that they are victims of domestic violence. This and labor organizations in their efforts to de- can keep their job and continue to deal is outrageous! Insurance discrimina- velop and implement responses to assist vic- with the multitude of issues that arise tion penalizes victims of domestic vio- tims of domestic violence and sexual assault. when a woman flees a violent relation- lence for the actions of their abusers. Subtitle B. Victims’ Employment Rights.— ship. Our bill makes sure that this form of Prohibits employers from taking adverse job All too often, domestic violence fol- discrimination will not be allowed. actions against an employee because they are the victims of domestic violence, sexual lows women to work. According to re- VAWA I took the first step in dedi- cent studies, between 24 and 30 percent assault or stalking. cating federal resources to addressing Subtitle C. Workplace Violence Against of women surveyed had lost their job, the domestic violence crisis, but its Women Prevention Tax Credit.—Provides tax due at least in part, to domestic vio- focus is law enforcement and emer- credit to businesses implementing workplace lence. Many victims lose their jobs be- gency response. We need to go to the safety programs to combat violence against cause of their batterer’s disruptive be- next level to truly end violence against women. havior. Many miss work because they women. We need to address their eco- Subtitle D. Employment Protection for are beaten. Others miss work because nomic needs and problems. I believe Battered Women.—Ensures eligibility for unemployment compensation to women sepa- their abusers force them to stay home. our legislation meets this test and will Many companies are poorly educated rated from their jobs due to circumstances eliminate many of the economic bar- directly resulting from domestic violence; about the impact of domestic violence riers that trap women and children in requires employers who already provide on women at work. Employers may fail violent homes and relationships. leave to employees to allow employees to use to grant sufficient time off to attend I ask unanimous consent that a sum- that leave for the purpose of dealing with do- civil or criminal legal proceedings or mary of the bill be printed in the mestic violence and its aftermath; allows for safety planning. Some battered RECORD. women to use their family and medical leave women find themselves penalized by There being no objection, the mate- or existing leave under state law or a private benefits program to deal with domestic their abuser’s actions when employers rial was ordered to be printed in the dismiss or otherwise sanction employ- abuse, including going to the doctor for do- RECORD, as follows: mestic violence injuries, seeking legal rem- ees once they learn they are in an abu- BATTERED WOMEN’S ECONOMIC SECURITY AND edies, attending court hearings, seeking or- sive relationship One study found that SAFETY ACT OF 1999—LEGISLATIVE SUMMARY ders of protection and meeting with a law- 96% of the women who were working TITLE I.—DOMESTIC VIOLENCE PREVENTION yer; provides for training of personnel in- while involved in an abusive relation- volved in assessing unemployment claims Subtitle A. Domestic Violence and Sexual based on domestic violence. ship had problems at work. Problems Assault Victims’ Housing.—Makes funding run the gamut from being late to miss- available for supportive housing services TITLE III.—PROTECTIONS FOR VICTIMS OF DO- ing work to having difficulty per- through the McKinney Homeless Assistance MESTIC VIOLENCE UNDER PROGRAMS AUTHOR- forming their job. More than 50 percent Act, including rental assistance to victims IZED UNDER THE SOCIAL SECURITY ACT of these women reported being rep- trying to establish permanent housing safe Section 301. Waivers for Victims of Domes- rimanded at work for such problems from the batterer. tic Violence under the TANF Program.— 1 Subtitle B. Full Faith and Credit for Pro- Finds that Congressional intent of the Per- and more than a ⁄3 of them said they had lost their jobs as a result. tection Orders.—Clarifies VAWA’s full faith sonal Responsibility and Work Opportunity Our bill allows women to use the and credit provisions to ensure meaningful Reconciliation Act of 1996 was to allow enforcement by states and tribes; provides states to take the effects of domestic vio- Family and Medical Leave Act to take grants to states and Tribes to improve en- lence into consideration by allowing good time off to deal with the problems aris- forcement and record keeping. cause, temporary waivers of the require- ing from leaving a violent relationship. Subtitle C. Victims of Abuse Insurance ments of the program for victims of domes- Women need to deal with the court and Protection.—Prohibits discrimination in tic violence; places no numerical limits upon

VerDate jul 14 2003 13:40 Jan 13, 2005 Jkt 069102 PO 00000 Frm 00060 Fmt 0686 Sfmt 0634 E:\BR99\S18MY9.002 S18MY9 9904 CONGRESSIONAL RECORD—SENATE May 18, 1999 States in the granting of good cause waivers; cycle of violence. I have met with reauthorization of VAWA we can begin provides that individuals granted good cause many of the advocates in the state of to focus on these economic problems. waivers shall not be included in the partici- Washington and heard from them first Without VAWA we have no foundation. pation rate for purposes of applying limita- hand, about how these barriers make I will be working with PAUL and tions or imposing penalties on the States; allows for Secretarial review and possible rev- long term security for women and their other Members of the Senate towards ocation of good cause waivers granted in children difficult. From housing to enactment of key provisions of the bill. States where penalties have been imposed. child care to job protection to welfare I am also committed to continuing my Section 302. Disclosure Protections under waivers, our legislation attempts to work with Senator BIDEN in an effort the Child Support Program.—Protects vic- deal with the long term economic prob- to enact Violence Against Women Re- tims fleeing from domestic violence from lems. authorization during this session. disclosure of their whereabouts through the Women should not have to be forced I urge all of my colleagues to review federal child support locator service. Section 303. Bonus to Encourage Women to choose between job security and vio- the Battered Women’s Economic Secu- and Children’s Well-Being.—Amends the So- lence. Each year one million individ- rity Act. I encourage all of you to talk cial Security Act to provide bonuses to uals become victims of violent crimes to your advocates and your police, ask States that demonstrate high performance in while working on duty. Men are more them what issues keep women trapped operating their State welfare programs by likely to be attacked at work by a in a violent home or relationship. Ask providing recipients and low-income families stranger, women are more likely to be them what needs to be done to provide with adequate access to affordable and qual- attacked by someone they know. One- long term solutions. I know that after ity child care; by effectively placing recipi- sixth of all workplace homicides of careful review and consideration, you ents in sustainable wage, non-traditional employment; and by adequately addressing women are committed by a spouse, ex- will reach the same conclusions. There domestic violence in the lives of recipients of spouse, boyfriend or ex-boyfriend. Boy- are economic barriers that must be assistance; requires HHS and others to de- friends and husbands, both current and torn down. I hope that many of you velop a formula for measuring State performer, commit more than 13,000 acts will join in cosponsoring this legisla- formance. of violence against women in the work- tion and work with me to enact this TITLE IV—MISCELLANEOUS PROVISIONS place every year. This does not include comprehensive solution to ending the Contains technical amendments to assure harassment or the threat of violence. cycle of violence that too many women access to services by tribal women. Clearly, women face a serious threat in and children face every day. Mrs. MURRAY. Mr. President, I am the work place and yet if they leave to pleased to be joined today by Senator avoid harm, they are denied workers By Mr. BOND (for himself, Mr. WELLSTONE to introduce the Battered compensation. Perhaps even more of- ENZI, Mr. JEFFORDS, Mr. BURNS, Women’s Economic Security Act. This fensive is the fact that some states re- Mr. VOINOVICH, Ms. SNOWE, Mr. has been a seven year effort and one quire victims of domestic violence to ASHCROFT, Mr. MCCONNELL, Mr. that I will continue to pursue. I want seek employment in order to receive LOTT, Mr. NICKLES, Mr. HUTCH- to thank Senator WELLSTONE for his ef- TANF benefits. To have any economic INSON, Mr. MACK, Mr. COVER- forts on this important legislation. I safety net some women are forced to DELL, Ms. COLLINS, Mr. SHELBY, also need to recognize the leadership of jeopardize their own safety. Mr. KYL, Mr. FITZGERALD, Mr. Senator BIDEN regarding the Violence This is not just an issue that effects ABRAHAM, Mr. GREGG, Mrs. Against Women Act. Without his work victims of domestic violence. We all HUTCHISON, Mr. HELMS, Mr. on this historic legislation since 1994, suffer the economic consequences of vi- BUNNING, Mr. CRAPO, Mr. BEN- we could not be here today talking olence. it has been estimated that work NETT, Mr. DEWINE, Mr. HAGEL, about the economic needs of victims of place violence resulted in $4.2 billion in Mr. SESSIONS, Mr. CHAFEE, and domestic violence. lost productivity and legal expenses for Mr. BROWNBACK): In 1994, we enacted the landmark Vi- American businesses. From what I S. 1070. A bill to require the Sec- olence Against Women Act. For the have heard from victims and advocates, retary of Labor to wait for completion first time, Congress said violence this is a very conservative estimate. of a National Academy of Sciences against women was a national disgrace The health care costs are also equally study before promulgating a standard, and a public health threat. We had to staggering. Both the American Medical regulation or guideline or ergonomics; act. This was no longer just a family Association (AMA) and the Surgeon to the Committee on Health, Edu- matter or a family dispute, this was General have labeled violence against cation, Labor, and Pensions. and is a serious threat against women women a public health threat. Violence SENSIBLE ERGONOMICS NEEDS SCIENTIFIC and a serious threat to the community. is the number one reason women ages EVIDENCE ACT We have had police officers in Wash- 19 to 35 end up in the emergency room. Mr. BOND. Mr. President, I rise ington state killed responding to do- One out of every three women can ex- today as chairman of the Senate Com- mestic violence calls. We have seen too pect to be the victim of violence at mittee on Small Business to introduce many women in the emergency room some point in her life. the Sensible Ergonomics Needs Sci- and too many families devastated by Our legislation would also prohibit entific Evidence Act of SENSE Act. violence. discriminating against victims of do- This bill calls on the Occupational VAWA set in motion a national re- mestic violence in all lines of insur- Safety and Health Administration sponse to this crisis. We are now in the ance. If a woman seeks treatment in an (OSHA) to do the sensible thing—wait process of reauthorizing and strength- Emergency Room and reports this as for sound science before imposing new ening VAWA. This is my major pri- domestic violence, she should not be ergonomics regulations on small busi- ority. Reauthorization of VAWA ce- denied disability or life insurance. If an nesses. If enacted, the SENSE Act ments the foundation we need to build estranged husband burns the house to would require OSHA to wait for the re- the structure that will ultimately end the ground the woman should not be sults of a study by the National Acad- domestic violence and abuse. denied compensation simply because it emy of Sciences (NAS) before issuing The Battered Women’s Economic Se- was an act of domestic violence. To say proposed or final regulations, stand- curity Act takes the next logical step. that victims of domestic violence en- ards or guidelines on ergonomics. As a As a result of the work that I have gage in high risk behavior similar to native of Missouri, the ‘‘Show Me done concerning family violence, I sky diving or race care driving is sim- State,’’ waiting for the NAS study have come to understand that the real ply outrageous. It is the ultimate ex- makes good sense to me. long-term solution is to tear down the ample of blaming the victim. In introducing the SENSE Act, I am economic barriers that trap women in Our legislation is not the final solu- pleased to be joined by numerous col- violent homes and relationships. tion, but it begins the process of ad- leagues from all across the country— Our legislation addresses many of the dressing long term economic needs. I including Senators ENZI, JEFFORDS, economic barriers that I know force a am hopeful that once we have secured BURNS, VOINOVICH, SNOWE, ASHCROFT,

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MCCONNELL, LOTT, NICKLES, HUTCH- principles are applied to the workplace. SECTION 1. SHORT TITLE. INSON, MACK, COVERDELL, COLLINS, And, progress is being made. According This Act may be cited as the ‘‘Sensible SHELBY, KYL, FITZGERALD, ABRAHAM, to recent data from the Bureau of Ergonomics Needs Scientific Evidence Act’’ GREGG, HUTCHISON, HELMS, BUNNING, Labor Statistics, the number of inju- or the ‘‘SENSE Act’’. CRAPO, BENNETT, DEWINE, HAGEL, SES- ries and illnesses involving repeated SEC. 2. FINDINGS. SIONS, and CHAFEE. These Senators, trauma, strains, sprains, tears, and like me, agree with their small busi- carpal tunnel syndrome are all on the Congress finds the following: ness constituents that it makes good decline. Employers are actively imple- (1) The Department of Labor, through the menting measures to address ergo- Occupational Safety and Health Administra- sense for OSHA to wait for the results tion (referred to in this Act as ‘‘OSHA’’), has of the NAS study before proposing ad- nomic risk factors. The SENSE Act is announced that it plans to propose regula- ditional regulatory requirements for in no way intended to discourage em- tions during 1999 to regulate ‘‘ergonomics’’ small businesses. ployers from continuing to implement in the workplace. A draft of OSHA’s Just last year, Congress and the voluntary measures where appropriate ergonomics regulation became available in President agreed to spend $890,000 for and effective. Similarly, the SENSE February 19, 1999. NAS to undertake a thorough, objec- Act does not prevent OSHA from con- (2) In October, 1998, Congress and the Presi- tive, and de novo review of the sci- tinuing to work on ergonomics. In fact, dent agreed that the National Academy of entific literature to examine the cause- I would encourage OSHA to use the Sciences shall conduct a comprehensive time prior to the completion of the study of the medical and scientific evidence and-effect relationship between repet- regarding musculoskeletal disorders. The itive tasks in the workplace and mus- NAS study to research ergonomics fur- study is intended to evaluate the basic ques- culoskeletal disorders. The study is in- ther, identify successful prevention tions about diagnosis and causes of such dis- tended to achieve a scientific under- strategies, and provide technical as- orders. Given the uncertainty and dispute standing of the conditions and causes sistance. For those who would argue about these basic questions, and Congress’ of musculoskeletal disorders. The NAS that waiting for the NAS study will re- intention that they be addressed in a com- has selected a panel of experts to consult in more employees being injury, prehensive study by the National Academy duct the study. The panel will examine OSHA can exercise its enforcement au- of Sciences, it is premature for OSHA to propose a regulation on ergonomics as being the scientific data on the multiple fac- thority under the General Duty Clause, Section 5(a)(1) of the Occupational necessary or appropriate to improve work- tors and influences that contribute to ers’ health and safety until such study is musculoskeletal disorders and answer Safety and Health Act, to ensure a safe completed. seven questions provided by Represent- workplace and address any significant (3) An August, 1998, workshop on ‘‘work re- atives BONILLA and Livingston. The ergonomic hazards. My bill doesn’t lated musculoskeletal injuries’’ held by the NAS will complete its study by Janu- change that authority provided under National Academy of Sciences reviewed ex- ary 2001. As intended by Congress and current law. isting research on musculoskeletal disorders. the President, the NAS study will as- Simply put, the SENSE Act requires It showed that there is insufficient evidence to assess the level of risk to workers from resist OSHA and the Congress in deter- OSHA to wait for NAS to complete its study and submit the findings in a repetitive motions. mining whether sound science supports (4) A July, 1997, report by the National In- a comprehensive ergonomics regula- port to Congress. Congress would then have 30 days to review the final report stitute for Occupational Safety and Health tion as envisioned by OSHA. (NIOSH) reviewing epidemiological studies In theory, an ergonomics regulation before OSHA issues proposed or final that have been conducted of ‘‘work related would attempt to reduce musculo- regulations, standards or guidelines. musculoskeletal disorders of the neck, upper skeletal disorders, such as Carpal Tun- From where I stand, it only makes extremity, and low back’’ showed that there nel Syndrome, muscle aches and back sense for Congress and OSHA to have is insufficient evidence to assess the level of pain, which, in some instances, have the benefit of the NAS study before risk to workers from repetitive motions. OSHA proposes to require employers to Such evidence would be necessary to write been attributed to on-the-job activi- an efficient and effective regulation. ties. However, the medical community implement a comprehensive program is divided sharply on whether scientific addressing musculoskeletal disorders. SEC. 3. DELAY OF STANDARD, REGULATION OR Tomorrow in the other body, the GUIDELINE. evidence has established a true cause- compansion bill to the SENSE Act is and-effect relationship between such The Secretary of Labor, acting through the scheduled for mark up. H.R. 987, known problems and workplace duties. We Occupational Safety and Health Administra- as the ‘‘Workplace Preservation Act,’’ need to understand the relationship be- tion, may not propose or issue in final form was introduced by Representantive tween work and these injuries before any standard, regulation, or guideline on ROY BLUNT from Missouri on March 4. moving forward. ergonomics until— Representative BLUNT is doing an ex- (1) the National Academy of Sciences— Regrettably, rather than waiting for cellent job shepherding his bill through (A) completes a peer-reviewed scientific NAS’ findings, OSHA now plans to pub- the other body. In fact, his efforts have study, as mandated by Public Law 105–277, of lish a proposed rule by September of produced a bipartisan list of 138 co- the available evidence examining a cause 1999. In fact, OSHA officials have sug- sponsors. I expect the Senate to show and effect relationship between repetitive gested that a final rule could be issued tasks in the workplace and musculoskeletal similar support for our Nation’s small by the end of 2000—just a few months disorders or repetitive stress injuries; and businesses. before NAS will complete its study. (B) submits to Congress a report setting I urge my collagues in the Senate to forth the findings resulting from such study; This simply doesn’t make sense. The take a good look at the SENSE Act and NAS study should identify scientific and join us in supporting legislation to en- (2) the expiration of the 30-day period be- and medical studies that are based on sure that the federal government does ginning on the date on which the final report sound science and provide solid sci- not propose an ergonomics regulation under paragraph (1)(B) is submitted to Con- entific evidence regarding the causa- for small businesses until Congress can gress. tion of ergonomics injuries. Our intent assess the findings of the NAS study. is simply to ensure that the require- I ask unanimous consent that the By Mr. CRAPO (for himself and ments of any ergonomics program pro- Sensible Ergonomics Needs Scientific Mr. CRAIG): posed by OSHA are based on sound Evidence (SENSE) Act be printed at S. 1071. A bill to designate the Idaho science and are effective to improve this point in the RECORD. National Engineering and Environ- workplace safety and health. It only There being no objection, the bill was mental Laboratory as the Center of Ex- makes sense for OSHA to wait for the ordered to be printed in the RECORD as scientific and medical information follows: cellence for Environmental Steward- needed to know whether it is headed S. 1070 ship of the Department of Energy land, down the right path. Be it enacted by the Senate and House of and establish the Natural Resources In- Waiting for the NAS study won’t stop Representatives of the United States of America stitute within the Center; to the Com- the progress being made as ergonomic in Congress assembled, mittee on Armed Services.

VerDate jul 14 2003 13:40 Jan 13, 2005 Jkt 069102 PO 00000 Frm 00062 Fmt 0686 Sfmt 0634 E:\BR99\S18MY9.002 S18MY9 9906 CONGRESSIONAL RECORD—SENATE May 18, 1999 ENVIRONMENTAL STEWARDSHIP AND NATURAL In addition to this nuclear mission, the leadership on trade policy, neither will RESOURCES ACT OF 1999 INEEL has developed expertise and ex- the rest of the world. ∑ Mr. CRAPO. Mr. President, I rise in perience in the modeling the move- Our success of more than 200 years support of the Environmental Steward- ment of contaminants in the environ- has been because American is a nation ship and Natural Resources Act which I ment; and research and development of dedicated to We the People. We are a am introducing today with Senator technologies necessary for the detec- nation whose greatness flows not from CRAIG as cosponsor. tion, monitoring, stabilization, and government, but from the creativity The nuclear defense capability of the mediation of contamination. I propose, and ingenuity of the American people. United States has protected our form with this bill, to establsh the INEEL as Our service providers, manufacturers, of government and ensured our free- the Department of Energy Center of retailers, farmers and ranchers, and in- doms since its inception during World Excellence for the development of tech- vestors are top notch compared with War II. In order to sustain and develop nologies, techniques, and methodolo- their competitors, and it is time for us our nuclear deterrence, a vast indus- gies for the implementation of an effec- in public service to lay aside the values trial complex was established. This tive Long Term Stewardship program and priorities of Washington, D.C., and complex of facilities was built under throughout the nuclear weapons pro- promote the values and priorities of the auspices of the Atomic Energy duction complex. the American people. Commission and its successor agency, I also propose the establishment of a As I have traveled around Missouri, the Department of Energy. Uranium Natural Resource Institute at the one thing is clear: citizens want Amer- mines, factories, laboratories, and re- INEEL. This institute will bring to- ica to be defined today as she was 100- actors were located throughout the gether scientists, scholars, and others plus years ago. We have been known as country to provide nuclear and conven- in the field of natural resources man- a land of ascending opportunity, that tional components for weapons. These agement, to study complex issues that every generation in America has more facilities were mostly located on large affect natural resources policy. The in- opportunity than the previous genera- tracts of land, which also included sur- stitute will also work on specific nat- tion. This is a definition of America rounding buffer areas for security. ural resource and environmental issues that we must maintain—‘‘the best is With the end of the cold war, and the and problems, by utilizing the re- yet to come.’’ mutual reduction of the United States sources of the INEEL, northwest uni- Already, U.S. companies are first- and Russian nuclear arsenals, many of versities, states, and various federal class in their production, processing, our nuclear facilities are closing, agencies. The INEEL is a national lab- and marketing at home and abroad—al- changing or reducing their missions. oratory, not is just a laboratory for the ways responding to the challenges of Land management at these facilities, Department of Energy. The expertise, our competitive free-market system. throughout their production lives was experience, and resources of this site While the United States can produce limited to accomplishing their mis- must be made available to all. The nat- more goods and provide more services sions and providing isolation and secu- ural Resource Institute will be the con- than any other country, we account for rity. Protection of the ecosystems and duit for bringing expertise to the only five percent of the world’s con- natural resources, on which our nu- INEEL and for making information, suming population. That leaves 95 per- clear arsenal was built, did not rate data, and good science available for the cent of the world’s consumers outside high priority in the agency’s planning. solution of natural resource issues of our borders—this is an astounding Any environmental benefits or natural throughout the inland northwest.∑ statistic when we put it in terms of resources protection on these facilities creating opportunities. was truly incidental to their isolation. By Mr. ASHCROFT (for himself, For example, nearly 40 percent of all In addition to lack of natural re- Mr. INOUYE, Mr. BURNS, Mr. U.S. agricultural production is ex- source planning, there exists a con- GRASSLEY, Mr. ROBERTS, Mr. ported, but in September of last year, tamination legacy which has resulted ENZI, and MR. HAGEL): American farmers and ranchers faced in the largest and most expensive S. 1073. A bill to amend the Trade Act the first monthly trade deficit of U.S. cleanup program in the federal govern- of 1974 to ensure that United States in- farm and food products since the ment. Regardless of the effectiveness dustry is consulted with respect to all United States began tracking trade and efficiency of the cleanup program, aspects of the WTO dispute settlement data in 1941. Our farmers, or any other some levels of contaminants will re- process; to the Committee on Finance. sector, simply will not succeed if they main, and will need to be monitored WORLD TRADE ORGANIZATION ENFORCEMENT face descending opportunity. With and managed. Long term stewardship ACT OF 1999 manufacturing productivity increasing is the process of managing and pro- Mr. ASHCROFT. Mr. President, de- and with the consuming capacity of the tecting the natural resources that are veloping trade policy that will increase world largely outside of our borders, unaffected by contamination, and also Americans’ competitiveness in the 21st our companies need equally increasing the continual monitoring and stabiliza- century must be a priority of this Con- access to foreign demand. The pros- tion of contaminants that remain in gress and of the administration. That perity of the next generation of Ameri- place following mediation. Even after a is why I rise today, joined by Senators cans is tied to our current competitive- facility is cleaned up and closed, no DANIEL INOUYE, CHUCK GRASSLEY, ness in global markets. matter how effective the remediation CONRAD BURNS, PAT ROBERTS, CHUCK We must develop policies that will effort, the federal government is still HAGEL, and MIKE ENZI, to introduce the shape opportunities for the 21st cen- liable for any subsequent action that World Trade Organization Enforcement tury—opening new markets, ensuring may be necessary to insure that no Act of 1999. It is a bill that will in- that our trading partners live up to harm will come to humans or the envi- crease transparency and give the public their commitments, and to the great- ronment. more input into the dispute settlement est extent possible avoiding sanctions The Idaho National Engineering and process of the WTO. It is analogous to that hurt only our market opportuni- Environmental Laboratory, INEEL, a ‘‘Sunshine Law’’ for the WTO. ties abroad. has a long history with the Atomic En- The United States plays a major role I still believe we must make a con- ergy Commission and the Department in leading the world and shaping its certed effort to pass fast track trade of Energy. Originally known as the Na- economy and must continue to do so. negotiating authority. Because fast tional Reactor Testing Station, this We must be leaders, not simply partici- track has languished, U.S. businesses site constructed, tested, and operated pants. Our leadership as a country will are increasingly being put at a com- 52 reactors for various defense and ci- be effective only if our trade policy is petitive disadvantage. While Canada vilian purposes since the early 1950’s. clearly defined and is based on the has already concluded a free trade All but a handful of these reactors have vital interests of the American people, agreement with Chile, and Mexico is been decontaminated and dismantled. because if Americans do not accept our expanding its free trade arrangement

VerDate jul 14 2003 13:40 Jan 13, 2005 Jkt 069102 PO 00000 Frm 00063 Fmt 0686 Sfmt 0634 E:\BR99\S18MY9.002 S18MY9 May 18, 1999 CONGRESSIONAL RECORD—SENATE 9907 with Chile, the United States lags be- the WTO worked, and the United pute settlement process, this will hind. Our companies clearly are being States won these two agriculture cases heighten the pressure on the foreign put at a competitive disadvantage in without the EU having the ability to country to comply with the Panel deci- our own hemisphere. America must block unilaterally the cases from mov- sions. Currently, while the USTR, Con- lead, not follow—in our back yard and ing forward. gress, and industry groups consult dur- around the world. For every triumph, however, the ing the implementation stages of Panel As we approach the next round of ne- United States has suffered multiple de- decisions, making the comment and re- gotiations in the WTO, fast track is feats. Our most recent triumphs were porting requirements more established crucial to U.S. businesses. Clearly, getting the EU to accept a WTO dis- and anticipated will increase account- trade negotiations designed to reduce pute settlement process that is quick ability. The WTO system needs to be or eliminate barriers and trade dis- and binding, and winning agriculture given a chance to work, but the best torting practices have benefited our cases against the EU in that settle- way to do so is to increase pressure on companies and our economy, and we ment process. However, the EU is now those countries that would try to cir- need to continue our leadership role in denying U.S. farmers and ranchers the cumvent the implementation of panels. multiple trade fora. benefits of the WTO cases we won by This is imperative not only for agri- However, support for fast track and stalling endlessly in the implementa- culture and our relations with the EU, new negotiations is tied in the public tion of those decisions. it could affect all sectors that are liti- mind to the benefit they receive from If the EU, or any other country, is al- gated under the WTO dispute settle- existing trade agreements. It is of ut- lowed to use delaying tactics, there ment process. most importance that the United could be detrimental effects on these The proposed modifications to U.S. States closely monitor and vigorously agriculture cases and on future cases domestic rules regarding dispute set- enforce our trade agreements. The pri- regardless of the sector litigated. Also, tlement will prove more effective if the vate sector must be able to rely on U.S. the public support for the WTO system losing party to a WTO dispute provides agreements to be productive and long- and its ability to benefit U.S. interests to the winning party its plan to comply lasting. will be undermined. with the WTO decision and if the win- Opening foreign markets looms be- It is essential that the administra- ning party is given meaningfully op- fore us as a brick barricade. With the tion make the EU beef ban a top pri- portunity to comment on the plan same will and authority of President ority. The United States has won this prior to its implementation. Reagan before the Berlin Wall when he case against the EU numerous times, The WTO is currently in the midst of said—‘‘Mr. Gorbachev, tear down this and we are clearly within our rights to a review of the organization’s dispute wall’’—we must face head-on the barri- benefit from the cases we litigate and settlement procedures. Therefore, cades before our exporters. It’s not an win. under the WTO Enforcement Act, the easy task, but then again, neither was We must take the position that if the United States must request reforms dismantling the Evil Empire. As John EU insists on ‘‘paying’’ for its protec- that would oblige member govern- Wayne said in ‘‘The Big Trail’’: ‘‘No tionism, the EU should ‘‘pay’’ at the ment’s to submit a proposed remedy great trail is ever blazed without hard- highest levels allowable and on prod- well in advance of the deadline to com- ship. You’ve got to fight. That’s life.’’ ucts that will hurt it the most. While ply to the decision and as well as con- Just last week, the Europeans stood U.S. ranchers can never be com- sult with the other parties to the pro- on their massive wall of protectionism pensated fully for the EU’s protec- ceeding on the proposal. built across the trail of free trade and tionist policies, the value of conces- If the WTO Enforcement Act is simply rejected U.S. beef, even in the sions withdrawn from the EU must at passed, the U.S. public would be able to face of having lost the WTO case. We’ve least equal the value of the beef pro- obtain more information about the for- got a trail to blaze—the Europeans ducers current damage. eign government’s plans for compli- cannot be allowed to make a mockery Beef producers in Missouri will not ance with WTO panel decisions and of the competitive spirit of our cattle benefit if the level of retaliation is not would be afforded a more formal oppor- ranchers. In this case, results, not such that will induce the EU to change tunity to comment on how the process words, count the most. its protectionist policies. A strong re- is working. If we negotiate trade agree- Failing to implement agreements al- sponse to the EU’s treatment of U.S. ments for American citizens wishing to ready negotiated creates an environ- agricultural products is long overdue. do business in foreign markets, they ment of descending opportunity. It is We must have reciprocity in our cross- have every right to voice their support imperative, therefore, that the Admin- Atlantic agricultural trade. If U.S. for or objections to the way foreign istration follow through with enforcing meat is not welcome in the EU, then governments or the U.S. government is the decisions the U.S. has won in the EU meat should not be accepted in the making those agreements beneficial. WTO. What good is winning a case if we United States. It is time for us to enact policies that are unable to enforce the judgment? The EU’s repeated, damaging actions reflect our support for U.S. companies’ It is clear that the most contentious against America’s cattlemen must not efforts to reach their competitive po- issues ever to be brought before the go unaswered—that is why I have tential internationally and policies WTO—whether it is negotiating new called on the Administration to retali- that create ascending opportunity for agreements or suing the dispute settle- ate with authority and that is why I Americans for the 21st century so that ment process to enforce existing ones— am introducing the WTO Enforcement we can say, with confidence, ‘‘the best have been about the agricultural poli- Act. is yet to come.’’ cies of the United States and the Euro- The WTO Enforcement Act has two f pean Union. major objectives: ensure that the U.S. One of the significant changes in the government affords adequate trans- ADDITIONAL COSPONSORS dispute settlement process in 1994 was parency and public participation in the S. 3 that panels would be set up and panel U.S. decision-making process, and At the request of Mr. GRAMS, the decisions would be adopted but for a begin multilateral negotiations with a name of the Senator from Kentucky consensus against doing so. Also, strict view toward incorporating more trans- (Mr. MCCONNELL) was added as a co- time lines were built into the process. parency and consultation in the multi- sponsor of S. 3, a bill to amend the In- Soon thereafter, the U.S. took two ag- lateral context of the WTO dispute set- ternal Revenue Code of 1986 to reduce riculture cases against the EU through tlement process. individual income tax rates by 10 per- the new WTO dispute process—the ba- If the farm groups and U.S. compa- cent. nana case and the beef case (which had nies were to increase their public com- S. 15 already been before the GATT panel). ment in the implementation and post- At the request of Mrs. HUTCHISON, the The new dispute settlement changes in implementation stages of the WTO dis- name of the Senator from Maine (Ms.

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COLLINS) was added as a cosponsor of S. COLLINS) was added as a cosponsor of S. S. 429 15, a bill to amend the Internal Rev- 311, a bill to authorize the Disabled At the request of Mr. DURBIN, the enue Code of 1986 to provide that mar- Veterans’ LIFE Memorial Foundation name of the Senator from California ried couples may file a combined re- to establish a memorial in the District (Mrs. FEINSTEIN) was added as a co- turn under which each spouse is taxed of Columbia or its environs, and for sponsor of S. 429, a bill to designate the using the rates applicable to unmarried other purposes. legal public holiday of ‘‘Washington’s individuals. S. 331 Birthday ‘‘as ‘‘Presidents’ Day’’ in S. 30 At the request of Mr. JEFFORDS, the honor of George Washington, Abraham At the request of Mr. DASCHLE, the name of the Senator from Nebraska Lincoln, and Franklin Roosevelt and in name of the Senator from Maryland (Mr. HAGEL) was added as a cosponsor recognition of the importance of the (Mr. SARBANES) was added as a cospon- of S. 331, a bill to amend the Social Se- institution of the Presidency and the sor of S. 30, a bill to provide curity Act to expand the availability of contributions that Presidents have contercyclical income loss protection health care coverage for working indi- made to the development of our Nation to offset extreme losses resulting from viduals with disabilities, to establish a and the principles of freedom and de- severe economic and weather-related Ticket to Work and Self-Sufficiency mocracy. events, and for other purposes. Program in the Social Security Admin- S. 487 S. 38 istration to provide such individuals At the request of Mr. GRAMS, the At the request of Mr. CAMPBELL, the with meaningful opportunities to work, name of the Senator from Idaho (Mr. name of the Senator from Kentucky and for other purposes. CRAPO) was added as a cosponsor of S. (Mr. MCCONNELL) was added as a co- 487, a bill to amend the Internal Rev- S. 333 sponsor of S. 38, a bill to amend the In- enue Code of 1986 to provide additional At the request of Mr. LEAHY, the ternal Revenue Code of 1986 to phase retirement savings opportunities for name of the Senator from New York out the estate and gift taxes over a 10- small employers, including self-em- (Mr. MOYNIHAN) was added as a cospon- year period. ployed individuals. sor of S. 333, a bill to amend the Fed- S. 56 S. 566 eral Agriculture Improvement and Re- At the request of Mr. KYL, the name At the request of Mr. LUGAR, the form Act of 1996 to improve the farm- of the Senator from Kentucky (Mr. name of the Senator from Pennsyl- land protection program. MCCONNELL) was added as a cosponsor vania (Mr. SANTORUM) was added as a of S. 56, a bill to repeal the Federal es- S. 335 cosponsor of S. 566, a bill to amend the tate and gift taxes and the tax on gen- At the request of Ms. COLLINS, the Agricultural Trade Act of 1978 to ex- eration-skipping transfers. name of the Senator from Tennessee empt agricultural commodities, live- S. 135 (Mr. THOMPSON) was added as a cospon- stock, and value-added products from At the request of Mr. DURBIN, the sor of S. 335, a bill to amend chapter 30 unilateral economic sanctions, to pre- name of the Senator from Nevada (Mr. of title 39, United States Code, to pro- pare for future bilateral and multilat- REID) was added as a cosponsor of S. vide for the nonmailability of certain eral trade negotiations affecting 135, a bill to amend the Internal Rev- deceptive matter relating to games of United States agriculture, and for enue Code of 1986 to increase the deduc- chance, administrative procedures, or- other purposes. tion for the health insurance costs of ders, and civil penalties relating to S. 622 self-employed individuals, and for such matter, and for other purposes. At the request of Mr. KENNEDY, the other purposes. S. 337 name of the Senator from Maine (Ms. S. 147 At the request of Mr. HUTCHINSON, SNOWE) was added as a cosponsor of S. At the request of Mr. ABRAHAM, the the name of the Senator from Ken- 622, a bill to enhance Federal enforce- name of the Senator from Arkansas tucky (Mr. MCCONNELL) was added as a ment of hate crimes, and for other pur- (Mr. HUTCHINSON) was added as a co- cosponsor of S. 337, a bill to preserve poses. sponsor of S. 147, a bill to provide for a the balance of rights between employ- S. 664 reduction in regulatory costs by main- ers, employees, and labor organizations At the request of Mr. CHAFEE, the taining Federal average fuel economy which is fundamental to our system of standards applicable to automobiles in names of the Senator from Louisiana collective bargaining while preserving (Ms. LANDRIEU) and the Senator from effect at current levels until changed the rights of workers to organize, or by law, and for other purposes. Pennsylvania (Mr. SPECTER) were otherwise engage in concerted activi- added as cosponsors of S. 664, a bill to S. 216 ties protected under the National amend the Internal Revenue Code of At the request of Mr. JEFFORDS, the Labor Relations Act. name of the Senator from Alaska (Mr. 1986 to provide a credit against income S. 348 tax to individuals who rehabilitate his- MURKOWSKI) was added as a cosponsor of S. 216, a bill to amend the Internal At the request of Ms. SNOWE, the toric homes or who are the first pur- Revenue Code of 1986 to repeal the limi- name of the Senator from New Hamp- chasers of rehabilitated historic homes tation on the use of foreign tax credits shire (Mr. SMITH) was added as a co- for use as a principal residence. under the alternative minimum tax. sponsor of S. 348, a bill to authorize S. 707 S. 285 and facilitate a program to enhance At the request of Mr. GRASSLEY, the At the request of Mr. MCCAIN, the training, research and development, name of the Senator from Oregon (Mr. names of the Senator from Rhode Is- energy conservation and efficiency, WYDEN) was added as a cosponsor of S. land (Mr. REED) and the Senator from and consumer education in the oilheat 707, a bill to amend the Older Ameri- Tennessee (Mr. FRIST) were added as industry for the benefit of oilheat con- cans Act of 1965 to establish a national cosponsors of S. 285, a bill to amend sumers and the public, and for other family caregiver support program, and title II of the Social Security Act to re- purposes. for other purposes. store the link between the maximum S. 387 S. 741 amount of earnings by blind individ- At the request of Mr. GRAHAM, the At the request of Mr. GRAHAM, the uals permitted without demonstrating name of the Senator from Delaware name of the Senator from Maine (Ms. ability to engage in substantial gainful (Mr. BIDEN) was added as a cosponsor of COLLINS) was added as a cosponsor of S. activity and the exempt amount per- S. 387, a bill to amend the Internal 741, a bill to provide for pension re- mitted in determining excess earnings Revenue Code of 1986 to provide an ex- form, and for other purposes. under the earnings test. clusion from gross income for distribu- S. 757 S. 311 tions from qualified State tuition pro- At the request of Mr. LUGAR, the At the request of Mr. MCCAIN, the grams which are used to pay education name of the Senator from Oklahoma name of the Senator from Maine (Ms. expenses. (Mr. NICKLES) was added as a cosponsor

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of S. 757, a bill to provide a framework (Mr. SESSIONS) the Senator from Ne- (Mr. GORTON) and the Senator from for consideration by the legislative and braska (Mr. KERREY) and the Senator Texas (Mr. GRAMM) were added as co- executive branches of unilateral eco- from Georgia (Mr. CLELAND) were sponsors of Senate Joint Resolution 21, nomic sanctions in order to ensure co- added as cosponsors of S. 880, a bill to A joint resolution to designate Sep- ordination of United States policy with amend the Clean Air Act to remove tember 29, 1999, as ‘‘Veterans of For- respect to trade, security, and human flammable fuels from the list of sub- eign Wars of the United States Day.’’ rights. stances with respect to which reporting SENATE CONCURRENT RESOLUTION 9 S. 758 and other activities are required under At the request of Ms. SNOWE, the At the request of Mr. ASHCROFT, the the risk management plan program names of the Senator from New Jersey name of the Senator from New York S. 895 (Mr. TORRICELLI) and the Senator from (Mr. MOYNIHAN) was added as a cospon- At the request of Mr. LIEBERMAN, the Wisconsin (Mr. KOHL) were added as co- sor of S. 758, a bill to establish legal name of the Senator from Minnesota sponsors of Senate Concurrent Resolu- standards and procedures for the fair, (Mr. GRAMS) was added as a cosponsor tion 9, A concurrent resolution calling prompt, inexpensive, and efficient reso- of S. 895, a bill to provide for the estab- for a United States effort to end re- lution of personal injury claims arising lishment of Individual Development strictions on the freedoms and human out of asbestos exposure, and for other Accounts (IDAs) that will allow indi- rights of the enclaved people in the oc- purposes. viduals and families with limited cupied area of Cyprus. means an opportunity to accumulate S. 763 SENATE RESOLUTION 34 assets, to access education, to own At the request of Mr. THURMOND, the At the request of Mr. TORRICELLI, the their own homes and businesses, and name of the Senator from Florida (Mr. names of the Senator from New Mexico ultimately to achieve economic self- MACK) was added as a cosponsor of S. (Mr. DOMENICI) the Senator from Wyo- sufficiency, and for other purposes. 763, a bill to amend title 10, United ming (Mr. THOMAS) the Senator from S. 918 States Code, to increase the minimum Texas (Mrs. HUTCHISON) the Senator At the request of Mr. KERRY, the Survivor Benefit Plan basic annuity for from Florida (Mr. MACK) the Senator names of the Senator from Louisiana surviving spouses age 62 and older, and from Iowa (Mr. GRASSLEY) and the Sen- (Mr. BREAUX) and the Senator from Or- for other purposes. ator from Maine (Ms. SNOWE) were egon (Mr. WYDEN) were added as co- S. 789 added as cosponsors of Senate Resolu- sponsors of S. 918, a bill to authorize At the request of Mr. MCCAIN, the tion 34, A resolution designating the the Small Business Administration to names of the Senator from Georgia week beginning April 30, 1999, as ‘‘Na- provide financial and business develop- (Mr. CLELAND) the Senator from Lou- ment assistance to military reservists’ tional Youth Fitness Week.’’ isiana (Ms. LANDRIEU) and the Senator small business, and for other purposes. SENATE RESOLUTION 81 from Maine (Ms. COLLINS) were added S. 926 At the request of Mr. CRAPO, the as cosponsors of S. 789, a bill to amend At the request of Mr. DODD, the name names of the Senator from Alabama title 10, United States Code, to author- of the Senator from Iowa (Mr. HARKIN) (Mr. SESSIONS) and the Senator from ize payment of special compensation to was added as a cosponsor of S. 926, a Massachusetts (Mr. KERRY) were added certain severely disabled uniformed bill to provide the people of Cuba with as cosponsors of Senate Resolution 81, services retirees. access to food and medicines from the A resolution designating the year of S. 817 United States, and for other purposes. 1999 as ‘‘The Year of Safe Drinking At the request of Mrs. BOXER, the S. 941 Water’’ and commemorating the 25th name of the Senator from South Da- At the request of Mr. WYDEN, the anniversary of the enactment of the kota (Mr. JOHNSON) was added as a co- name of the Senator from Louisiana Safe Drinking Water Act. sponsor of S. 817, a bill to improve aca- (Mr. BREAUX) was added as a cosponsor SENATE RESOLUTION 92 demic and social outcomes for students of S. 941, a bill to amend the Public At the request of Mrs. BOXER, the and reduce both juvenile crime and the Health Service Act to provide for a names of the Senator from Maryland risk that youth will become victims of public response to the public health (Ms. MIKULSKI) the Senator from Mary- crime by providing productive activi- crisis of pain, and for other purposes. land (Mr. SARBANES) the Senator from ties during after school hours. S. 955 South Carolina (Mr. THURMOND) and S. 876 At the request of Mr. WARNER, the the Senator from New Jersey (Mr. At the request of Mr. HOLLINGS, the name of the Senator from North Caro- TORRICELLI) were added as cosponsors name of the Senator from West Vir- lina (Mr. HELMS) was added as a co- of Senate Resolution 92, A resolution ginia (Mr. BYRD) was added as a cosponsor of S. 955, a bill to allow the Na- expressing the sense of the Senate that sponsor of S. 876, a bill to amend the tional Park Service to acquire certain funding for prostate cancer research Communications Act of 1934 to require land for addition to the Wilderness should be increased substantially. that the broadcast of violent video pro- Battlefield in Virginia, as previously AMENDMENT NO. 357 gramming be limited to hours when authorized by law, by purchase or ex- At the request of Mr. ROBB his name children are not reasonably likely to change as well as by donation. was withdrawn as a cosponsor of comprise a substantial portion of the S. 960 amendment No. 357 proposed to S. 254, audience. At the request of Mr. GRASSLEY, the a bill to reduce violent juvenile crime, S. 878 name of the Senator from New Mexico promote accountability by rehabilita- At the request of Mr. TORRICELLI, the (Mr. BINGAMAN) was added as a cospon- tion of juvenile criminals, punish and name of the Senator from Massachu- sor of S. 960, a bill to amend the Older deter violent gang crime, and for other setts (Mr. KENNEDY) was added as a co- Americans Act of 1965 to establish pen- purposes. sponsor of S. 878, a bill to amend the sion counseling programs, and for f Federal Water Pollution Control Act to other purposes. permit grants for the national estuary S. 980 SENATE RESOLUTION 103—CON- program to be used for the develop- At the request of Mr. BAUCUS, the CERNING THE TENTH ANNIVER- ment and implementation of a com- name of the Senator from North Da- SARY OF THE TIANANMEN prehensive conservation and manage- kota (Mr. DORGAN) was added as a co- SQUARE MASSACRE OF JUNE 4, ment plan, to reauthorize appropria- sponsor of S. 980, a bill to promote ac- 1989, IN THE PEOPLE’S REPUBLIC tions to carry out the program, and for cess to health care services in rural OF CHINA other purposes. areas. Mr. HUTCHINSON (for himself, Mr. S. 880 SENATE JOINT RESOLUTION 21 WELLSTONE, Mr. FEINGOLD, Mr. SMITH At the request of Mr. INHOFE, the At the request of Ms. SNOWE, the of New Hampshire, Ms. COLLINS, Mr. names of the Senator from Alabama names of the Senator from Washington BUNNING, Mr. KYL, Mr. ABRAHAM, Mr.

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SESSIONS, Mr. GRASSLEY, Ms. SNOWE, gans to open formal investigations on the the two areas where the Chinese gov- Mr. JEFFORDS, and Mr. BROWNBACK) June fourth event with the goal of bringing ernment refuses to be responsible. It submitted the following resolution; those responsible to justice; was no accident that the Chinese gov- which was referred to the Committee (B) establish a June Fourth Investigation ernment bused demonstrators from Committee, the proceedings and findings of on Foreign Relations: which should be accessible to the public, to universities to the U.S. embassy where S. RES. 103 make a just and independent inquiry into all they pelted rocks at American prop- Whereas the United States was founded on matters related to June 4, 1989; erty, breaking windows, keeping Am- the democratic principle that all men and (C) release all prisoners of conscience, in- bassador Sasser and his staff hostage women are created equal and entitled to the cluding those still in prison as a result of at the embassy. It was no accident that exercise of their basic human rights; their participation in the peaceful prodemoc- the Chinese government used propa- Whereas freedom of expression and assem- racy protests of May and June 1989, provide ganda to inflame the emotions of the bly are fundamental human rights that be- just compensation to the families of those Chinese people. long to all people and are recognized as such killed in those protests, and allow those ex- But Mr. President, there is no moral under the United Nations Declaration of iled on account of their activities in 1989 to Human Rights and the International Cov- return and live in freedom in the People’s equivalency in the accidental bombing enant on Civil and Political Rights; Republic of China; of the embassy and the Tiananmen Whereas the death of the former General (D) put an immediate end to harassment, Square massacre. I the midst of the Secretary of the Communist Party of the detention, and imprisonment of Chinese citi- high stack of issues surrounding U.S.- People’s Republic of China, Hu Yaobang, on zens exercising their legitimate rights to the China relations, I hope that human April 15, 1989, gave rise to peaceful protests freedom of expression, freedom of associa- rights does not tumble to the bottom. throughout China calling for the establish- tion, and freedom of religion; and The well-being of the Chinese people, ment of a dialogue with government and (E) demonstrate its willingness to respect the ability to express themselves, is party leaders on democratic reforms, includ- the rights of all Chinese citizens by pro- ing freedom of expression, freedom of assem- ceeding quickly to ratify and implement the fundamental to any future relationship bly, and the elimination of corruption by International Covenant on Civil and Polit- between the U.S. and China. That is government officials; ical Rights which it signed on October 5, why I am submitting this resolution. Whereas after that date thousands of pro- 1998. Mr. President, the Beijing protests democracy demonstrators continued to pro- ∑ Mr. HUTCHINSON. Mr. President, began in April 1989 as a call for the test peacefully in and around Tiananmen today I, along with Senators government to explain itself—to ex- Square in Beijing until June 3 and 4, 1989, WELLSTONE, FEINGOLD, BOB SMITH, plain its dismissal of an official who when Chinese authorities ordered the Peo- BUNNING, COLLINS, KYL, SESSIONS, had been sympathetic to students de- ple’s Liberation Army and other security manding political reform in 1986. The forces to use lethal force to disperse dem- GRASSLEY, ABRAHAM, SNOWE, and JEF- onstrators in Beijing, especially around FORDS, am submitting a resolution demonstrators, students and workers, Tiananmen Square; commemorating the anniversary of the asked that the government take action Whereas nonofficial sources, a Chinese Red Tiananmen Square massacre. Ten against corruption. They asked for Cross report from June 7, 1989, and the State years ago, the Chinese Communist gov- freedom for the independent press. Department Country Reports on Human ernment unleashed lethal force on They asked for democratic reforms. Rights Practices for 1989, gave various esti- peaceful demonstrators in Beijing. For These students from Beijing University mates of the numbers of people killed and ten years, demonstrators from and 40 other universities, these Beijing wounded in 1989 by the People’s Liberation residents protested in and around Army soldiers and other security forces, but Tiananmen have been suffering in pris- agreed that hundreds, if not thousands, were on. Tiananmen Square. They held hunger killed and thousands more were wounded; The resolution that I am submitting strikes. They defied martial law. They Whereas 20,000 people nationwide suspected today simply calls on the government were met with brutal repression. of taking part in the democracy movement of the People’s Republic of China to On May 30, after almost a month of were arrested and sentenced without trial to make amends. To reevaluate the ver- student demonstrations in support of prison or reeducation through labor, and dict of Tiananmen Square. To release increased democratization in the Peo- many were reportedly tortured; the prisoners. To stop harassing Chi- ples Republic of China, the protest Whereas human rights groups such as leaders erected a symbol of their grow- Human Rights Watch, Human Rights in nese citizens seeking freedom. It says China, and Amnesty International have doc- that if they are serious about being a ing movement—a symbol to be a ‘‘pow- umented that hundreds of those arrested re- respected member of the international erful cementing force to strengthen our main in prison; community, then they will implement resolve’’ and to ‘‘declare to the world Whereas the Government of the People’s and ratify the International Covenant that the great awakening of the Chi- Republic of China continues to suppress dis- on Civil and Political Rights. They will nese people to democratic ideas has sent by imprisoning prodemocracy activists, respect universal standards and they reached a new stage.’’ The symbol journalists, labor union leaders, religious be- will respect their own citizens. these students chose was the Goddess lievers, and other individuals in China and At the moment, there is a great deal of Democracy—a thirty-seven foot high Tibet who seek to express their political or religious views in a peaceful manner; and of tension between the U.S. and China. monument of foam and plaster with a Whereas June 4, 1999, is the tenth anniver- Chinese espionage of sensitive tech- striking resemblance to the Statute of sary of the date of the Tiananmen Square nology, allegations of illegal campaign Liberty. This symbol of democracy massacre: Now, therefore, be it donations, competing security inter- gave those thousands of onlookers a Resolved, That the Senate— ests in the Asia-Pacific region, and dis- hope for a future free of communism. (1) expresses sympathy to the families of agreements over Kosovo are just a few But on June 3, 1989, police officers at- those killed as a result of their participation problems—problems that illuminate tacked students with tear gas, rubber in the democracy protests of 1989 in the Peo- the adversarial behavior of the Chinese bullets, and electric truncheons. Peo- ple’s Republic of China, as well as to the ple’s Liberation Army (PLA) officers families of those who have been killed and to Communist government. those who have suffered for their efforts to Most recently, there has been a great armed with AK–47s opened fire on the keep that struggle alive during the past dec- deal of Chinese furor over the mistaken innocent people who would dare stand ade; bombing of the Chinese embassy in in their way. But that was not enough (2) commends all citizens of the People’s Belgrade. I do not take lightly this for the government. They sent convoys Republic of China who are peacefully advo- egregious error and this tragic loss of of tanks to Tiananmen Square to abso- cating for democracy and human rights; and life. But as regrettable as this mistake lutely crush the demonstrators. Their (3) condemns the ongoing and egregious was, the Chinese government has been armored vehicles rammed the Goddess human rights abuses by the Government of using this event as a catch-all refuta- of Democracy, knocking it down, flat- the People’s Republic of China and calls on that Government to— tion of the United States. It was no ac- tening it beneath their steel treads. (A) reevaluate the official verdict on the cident that the human rights dialogue They killed a symbol of democracy and June 4, 1989, Tiananmen prodemocracy ac- and the ongoing arms talks were other massacred their own people. On June 4, tivities and order relevant procuratorial or- casualties of the embassy bombing— the PLA and security forces killed 1,500

VerDate jul 14 2003 13:40 Jan 13, 2005 Jkt 069102 PO 00000 Frm 00067 Fmt 0686 Sfmt 0634 E:\BR99\S18MY9.002 S18MY9 May 18, 1999 CONGRESSIONAL RECORD—SENATE 9911 and wounded 10,000. By June 7, the Chi- U.S. government and American busi- est, and not OK when it threatens the nese Red Cross reported 2,600 people as- nesses. A WTO deal must include an government’s hold on power. This is an piring to democracy dead, In the end, understanding that American busi- unacceptable double standard, and I be- the Chinese government killed and nesses in China must not be complicit lieve we would be derelict in our duties wounded thousands of demonstrators. with slave labor or other human rights if we did not keep our attention fo- They imprisoned thousands more for violations. Instead, American busi- cused on the lack of freedom in China. their participation. nesses must be advocates for human As we all know, this April, under But the nightmare did not end there. rights, to the Beijing government and considerable pressure from the Con- For the hundreds that remain in pris- to the people. The simple fact is that gress, the United States sponsored a on, for their families, each passing day China desperately wants American resolution at the United Nations Com- is a living horror. This ten year terror trade and American business. U.S. mission on Human Rights to condemn must stop. The resolution that we are companies must use this leverage to China’s ongoing abuses of human introducing today simply calls on the advance more than profits. rights. As in past years, China’s leaders government of the People’s Republic of Mr. President, I urge all of my col- aggressively lobbied against efforts at China to do what is right—to do what leagues to join with me in supporting the Commission earlier and more ac- is consistent with their constitution this bipartisan resolution—to recognize tively than the countries that sup- and international standards. It is a this regime for what it truly is and to ported the resolution. Once again, Bei- message to those fighting for democ- never forget the tragedy that occurred jing’s vigorous efforts have resulted in racy—we will not forget the massacre ten years ago on June 3 and June 4, a ‘‘no action’’ motion at the Commis- of pro-democracy demonstrators by po- 1989.∑ sion. While I commend the Administra- lice and PLA forces on June 3 and 4. We ∑ Mr. FEINGOLD. Mr. President, I rise tion’s actions this year, I question will not forget the suffering of those today as an original co-sponsor of S. whether our late and halfhearted sup- who saw their friends die for freedom. Res. 103, which marks the tenth anni- port for condemnation of China doomed We will not forget that with each pass- versary of the Tiananmen Square mas- that resolution to failure. We must not ing day, hundreds of prisoners still lan- sacre of June 4, 1989, in China. allow China to believe that its human guish in prison simply because they de- The resolution conveys the sense of rights practices are acceptable. We sire freedom in China. the Senate that the United States ex- must remember that if was only under Mr. President, I believe that it is presses its sympathy for those killed at the pressure of previous Geneva resolu- time to move to a post-Tiananmen era. Tiananmen Square and commends the tions that China signed in 1997 the UN But this cannot happen without the re- Chinese citizens who have continued Covenant of Social Economic and Cul- lease of Tiananmen Square prisoners. over the last decade to peacefully advo- tural Rights and in October 1998 the And it will not happen until we shed cate greater democracy and respect for International Covenant on Civil and the scales of the Clinton Administra- human rights in China. This resolution Political Rights. We should also not tions’ blind China policy and open our further calls on the authorities in overlook the fact that neither of these eyes. China to reevaluate the events of June important international documents has Let me suggest four tenets for an 1989, establish a commission to inves- yet been ratified or implemented. open-eye China policy. First, we must tigate what happened, release those Mr. President, while recent attention re-engage our allies. Our relationship still being held in connection with the has been drawn to the Embassy bomb- with China has come at the expense of democratic rally, and cease current ing, repeated allegations of espionage our relationships with Japan, Taiwan, harassment and detention of those still and of efforts to influence our elec- and South Korea. We need to rebuild a seeking democratic reform. This reso- tions, and the negotiations for China’s realistic picture of security in the lution makes a simple, clear request, entrance to the WTO, these current Asia-Pacific and recognize China’s ag- one that the Senate has made many concerns should not obscure our views gressive military aims in the region— times before—free the Tiananmen of the ongoing human rights abuses aims that will only be reached at the Square democratic protesters and ac- that abound throughout China and expense of our allies. cept the legitimacy of the voices that Tibet. According to Amnesty Inter- Second, we must protect our sen- still cry out for peaceful democratic re- national, the human rights situation in sitive technology. Recent investiga- form in China. China shows no fundamental change, tions show that we need increased se- Mr. President, first I would like this despite the recent promises from the curity at our national labs and other opportunity to express my deep regret government of China. At least 2,000 facilities, common sense background at the unfortunate, and unintentional, people remain in prison for counter- checks, controls on technology trans- bombing of the Chinese Embassy in revolutionary crimes that are no fers, and a Justice Department that Belgrade. Regardless of my continuing longer even on the books in China. At does not hinder its own FBI’s inves- concerns with some of China’s prac- least 200 individuals detained or ar- tigations. While espionage may be a tices, I certainly feel great sorrow that rested for Tiananmen Square activities fact of life, we can still take com- innocent civilians were hurt under a decade ago are also still in prison. By prehensive measures to minimize for- these circumstances. China’s own statistics, there are nearly eign spying. Serious theft of nuclear Nevertheless, we can not, we will not, a quarter of a million Chinese people and technological secrets have already let this tragic accident, nor the impact imprisoned under the ‘‘re-education increased China’s military prowess. it may have on our relations with through labor’’ system. This situation Third, we must engage the people of China, silence our voices on the subject demonstrates that China has yet to China, rather than the Communist re- of democracy and human rights in learn the lesson of Tiananmen gime. We need sustained engagement, China, or cause us to overlook the con- Square—that the aspiration of the Chi- not just one time, highly publicized po- tinuing ramifications of the events in nese people for human rights and litical visits. I therefore advocate in- Tiananmen Square ten years ago. Chi- democratic reform will not disappear creased funding for Radio Free Asia, na’s human rights practices remain ab- with time or repression. the Voice of America, democracy build- horrent, and we will not allow recent On this, the tenth anniversary of the ing programs, and rule of law initia- events to dampen our continued vigi- traumatic Tiananmen Square mas- tives. lance and willingness to condemn such sacre, we must remember the brave Finally, businesses must do their practices. It is noteworthy that the Chinese citizens who stood before the part and aggressively advocate human demonstrations in China in reaction to tanks and gave their lives to express rights. The door for China’s entry to the bombing are perhaps the largest their hopes for freedom. They breathed the WTO is still open, but a WTO deal since the Tiananmen Square protests. their last on the bloody pavement of is not just a deal between the U.S. and It is ironic that public protest is OK Tiananmen, hoping that their sacrifice China. It is also a deal between the when it serves the government’s inter- would help bring democratic reform

VerDate jul 14 2003 13:40 Jan 13, 2005 Jkt 069102 PO 00000 Frm 00068 Fmt 0686 Sfmt 0634 E:\BR99\S18MY9.002 S18MY9 9912 CONGRESSIONAL RECORD—SENATE May 18, 1999 and respect for human rights to their committee on Energy Research, Devel- the Sioux City Journal, she saw first- fellow countrymen. We must continue opment, Production, and Regulation of hand the ravaging effects of polio after to honor those who made such dra- the Committee on Energy and Natural meeting a man who had been disabled matic sacrifices for their beliefs. In Resources be granted permission to by the disease. She and her husband, this momentous year in which China meet during the session of the Senate the late Dr. J. Hubert Humphrey, a marks not only the tenth anniversary on Tuesday, May 18, for purposes of Sioux City dentist, became leaders in of Tiananmen Square, but also the fif- conducting a subcommittee hearing, the fight against polio. They headed tieth anniversary of the founding of which is scheduled to begin at 2:30 p.m. the Woodbury County chapter of the the People’s Republic of China, we The purpose of this hearing is to re- National Foundation for Infantile Pa- must not choose silence on this issue. ceive testimony on S. 924, the Federal ralysis. Mrs. Humphrey was elected Only by repeating our demands for Royalty Certainty Act. state chairman of the woman’s division change, can we appropriately honor The PRESIDING OFFICER. Without of the foundation. those who were willing to sacrifice all objection, it is so ordered. The Humphreys raised thousands of to achieve a better life for the people of SUBCOMMITTEE ON FORESTRY CONSERVATION dollars for equipment and therapy to China. AND RURAL REVITALIZATION battle the disease. They enlisted enter- Mr. President, I strongly commend Mr. GRAMS. Mr. President, I ask tainers and circus performers in the my friends, the Senator from Arkansas unanimous consent that the Com- cause, hosting these individuals at (Mr. HUTCHINSON) and the Senator from mittee on Agriculture, Nutrition, and fund-raising parties. Their guests in- Minnesota (Mr. WELLSTONE) for their Forestry Subcommittee on Forestry, cluded Bob Hope, clown Emmett Kelly leadership on this important, long- Conservation and Rural Revitalization and a ham sandwich-eating elephant. Their work contributed to a climate standing issue.∑ be allowed to meet during the session in which Jonas Salk developed the first of the Senate on Tuesday May 18, 1999. f polio vaccine. His vaccine, and another The purpose of this meeting will be to AUTHORITY FOR COMMITTEES TO developed by Dr. Albert Sabin, soon be- discuss noxious weeds and plant pests. MEET came widely available. Polio is vir- The PRESIDING OFFICER. Without tually non-existent in our country, al- COMMITTEE ON COMMERCE, SCIENCE, AND objection, it is so ordered. TRANSPORTATION though it remains a Third World Mr. GRAMS. Mr. President, I ask f threat. unanimous consent that the Senate ADDITIONAL STATEMENTS Mrs. Humphrey has said she has no Committee on Commerce, Science, and secret for living such a long life. She Transportation be authorized to meet advises people to ‘‘just be happy and be on Tuesday, May 18, 1999, at 9:30 a.m. OLDER AMERICANS MONTH well.’’ She has never had an ache or on TV violence and safe harbor legisla- ∑ Mr. GRASSLEY. Mr. President, it pain. What she did have in abundance tion. may be human nature to overlook the was empathy, kindness, generosity and The PRESIDING OFFICER. Without hardships of previous generations. We devotion. Because of her contributions, objection, it is so ordered. don’t think about suffering we don’t millions of American children will live COMMITTEE ON FINANCE have to endure. This is the way it without a debilitating disease. On June 3, Mrs. Humphrey will turn Mr. GRAMS. Mr. President, the Fi- should be. And this is the hope of 102. In advance of her birthday, during nance Committee requests unanimous America’s innovators, who work to Older Americans Month, I want to consent to conduct a hearing on Tues- ease misfortune for our children and thank Mrs. Humphrey for helping to day, May 18, 1999 beginning at 10:00 grandchildren. make our country strong. Mrs. Hum- a.m. in room 215 Dirksen. One of those innovators is a 101-year- phrey, with her clear vision and com- The PRESIDING OFFICER. Without old woman from Sioux City, Iowa. Lou- passionate concern for America’s chil- objection, it is so ordered. ise Humphrey was a leading light in dren, perfectly illustrates the theme of the battle against polio, one of the COMMITTEE ON HEALTH, EDUCATION, LABOR, Older Americans Month: ‘‘Honor the AND PENSIONS most terrifying illnesses of our cen- Past, Imagine the Future: Toward a Mr. GRAMS. Mr. President, I ask tury. Because of her work, and the Society for All Ages.’’∑ unanimous consent that the Com- work of others devoted to finding a mittee on Health, Education, Labor, cure, polio is virtually non-existent in f and Pensions be authorized to meet for our country. TRIBUTE TO JOE TAUB a hearing on ‘‘ESEA: Educating the It’s hard for anyone who didn’t live ∑ Mr. LAUTENBERG. Mr. President, I Forgotten Half’’ during the session of through the 1940s and 1950s to under- rise today to pay tribute to a great the Senate on Tuesday, May 18, 1999, at stand fully the fear of polio. The dis- friend, Joe Taub, in celebration of his 10:00 a.m. ease was highly contagious and some- 70th birthday on May 19th. Joe is a tre- The PRESIDING OFFICER. Without times fatal. It attacked the lungs and mendously hard worker and a world- objection, it is so ordered. the limbs. It immobilized its victims, class philanthropist, and I’m proud to SUBCOMMITTEE ON CLEAN AIR, WETLANDS, made them struggle for breath and say he’s been my friend for almost 50 PRIVATE PROPERTY, AND NUCLEAR SAFETY often forced them to breathe through years. Mr. GRAMS. Mr. President, I ask mechanical iron lungs. Parents Joe came from humble beginnings in unanimous consent that the Sub- wouldn’t allow their children to go Paterson, NJ to join me in founding committee on Clean Air, Wetlands, Pri- swimming, or to drink out of public Automatic Data Processing in 1949. vate Property, and Nuclear Safety be fountains, for fear of contagion. Those Today, the company employs over granted permission to conduct a hear- children fortunate enough to escape 30,000 people in the U.S. and Europe. ing on the Environmental Protection the illness saw their classmates return Even after leaving ADP in 1971, Joe Agency’s proposed sulfur standard for to school in leg braces and watched continued to lead an active business gasoline as contained in the proposed news reels of people in iron lungs. life, starting his own company and be- Tier Two standard for automobiles At the height of the epidemic, during coming owner of the New Jersey Nets Tuesday, May 18, 9:30 a.m., Hearing the late 1940s and early 1950s, polio basketball team. Along the way, Joe Room (SD–406). struck between 20,000 to 50,000 Ameri- donated his time to several charities The PRESIDING OFFICER. Without cans each year. In one year—1952— and with his wife, Arlene, established objection, it is so ordered. 58,000 people caught the disease. Most the Taub-Gorelick Laboratory at Me- SUBCOMMITTEE ON ENERGY RESEARCH, of them were children. morial Sloan Kettering Cancer Center DEVELOPMENT, PRODUCTION, AND REGULATION Mrs. Humphrey of Sioux City became to aid breast cancer victims. Mr. GRAMS. Mr. President, I ask interested in polio before the height of Joe has always worked to improve unanimous consent that the Sub- the epidemic. In the 1930s, according to the world around him. To help keep

VerDate jul 14 2003 13:40 Jan 13, 2005 Jkt 069102 PO 00000 Frm 00069 Fmt 0686 Sfmt 0634 E:\BR99\S18MY9.002 S18MY9 May 18, 1999 CONGRESSIONAL RECORD—SENATE 9913 inner city kids off the streets, he fi- TRIBUTE TO THE RIGHT be inserted in lieu thereof. I further nanced several scholarships and started REVEREND MARION BOWMAN ask consent that the bill then be read the Taub-Doby Basketball League. And ∑ Mr. GRAHAM. Mr. President, I rise a third time and passed, and the mo- he contributed to the redevelopment of today to offer a solemn tribute to an tion to reconsider be laid upon the Paterson by giving the city a museum educator and clergyman whose life table. documenting its history. spanned most of this great century: the The PRESIDING OFFICER. Without Mr. President, Joe isn’t remarkable Right Reverend Marion Bowman of objection, it is so ordered. just for his business achievements and Florida. The bill (H.R. 4), as amended, was philanthropy. He’s also been a loving, Father Marion Bowman passed away read the third time and passed. devoted husband for 45 years and has last week, and was buried on Friday, f done a wonderful job as a father and May 14, 1999, at the St. Leo Abbey Cem- grandfather. PUBLIC SAFETY MEDAL OF VALOR etery. As coach, teacher and president, ACT I would like to extend my heartfelt Father Bowman was a guiding force at best wishes to a long-time friend and St. Leo College in St. Leo, FL. He is Mr. HATCH. I ask unanimous consent former business partner in honor of his survived by a large and loving family, that the Senate now proceed to the 70th birthday. Joe, on behalf of myself and a legion of alumni and friends of consideration of calendar No. 95, S. 39. and all those whose lives you have St. Leo College. The PRESIDING OFFICER. The touched, we wish you the best.∑ Born on June 30, 1905, in Lebanon, clerk will report. KY, he made his first profession of The assistant legislative clerk read f vows twenty years later, and was or- as follows: dained as a priest in 1931. His associa- A bill (S. 39) to provide a national medal HONORING SAMUEL STROUM tion with St. Leo began as a young for public safety officers who act with ex- man; he graduated from St. Leo Col- traordinary valor above and beyond the call ∑ Mr. GORTON. Mr. President, I sub- of duty, and for other purposes. lege Prep School in 1923. mit the following letter to be printed Father Bowman served as the third There being no objection, the Senate in the RECORD. abbot of St. Leo Abbey, from 1954–69. proceeded to consider the bill. The letter follows: On April 27, 1970, Father Bowman was Mr. LEAHY addressed the Chair. U.S. SENATE, elected president of St. Leo College and The PRESIDING OFFICER. The Sen- Washington, DC, June 19, 1999. served on the institution’s Board of ator from Vermont. Mr. KERRY KILLINGER, Trustees as well. Mr. LEAHY. I commend, as a cospon- Honorary Chair, North West Industry Partner- sor, Senator STEVENS and the others ship, Seattle, WA. A versatile man, Father Bowman taught math, physics and chemistry at who worked so hard on this. DEAR MR. KILLINGER: tonight, you are Mr. HATCH. I feel exactly the same gathered to recognize the outstanding ac- the prep school, and for four years was complishments of Samuel Stroum. Nothing St. Leo’s sole coach, heading the foot- way. could give me more pleasure than to con- ball, baseball, basketball and track I ask unanimous consent that the bill gratulate my friend, Sam Stroum, the 1999 teams. He also served as athletic direc- be read a third time and passed, the recipient of the Donnall Thomas Medal of tor, and played a key role in con- motion to reconsider be laid upon the Achievement award. Dr. Thomas was a man verting St. Leo from a prep school to a table, and that any statements relating of great vision, integrity, determination, and to the bill be printed at the appropriate he possessed a strong commitment to help- college. In 1971, St. Leo College bestowed an place in the RECORD. ing his fellow citizens. Because Sam personi- The PRESIDING OFFICER. Without fies these same characteristics, it is only fit- honorary Doctor of Humanities degree ting that he should be the recipient of this on Father Bowman. objection, it is so ordered. award. Mr. President, as we approach a new The bill (S. 39) was read the third For half a century, Sam has been an estab- millennium and look back on the all- time and passed, as follows: lished leader in our state. Sam has continued but-completed Twentieth Century, we S. 39 to give back to his community in immeas- are reminded of the importance of the Be it enacted by the Senate and House of urable and invaluable ways. He has set the dedicated people who impart knowl- Representatives of the United States of America tone, led by example, and has propelled his in Congress assembled, peers to do better. Tonight as Sam is being edge, teach values, coach athletes and SECTION 1. SHORT TITLE; TABLE OF CONTENTS. lauded for his many accomplishments and manage our schools. Father Marion (a) SHORT TITLE.—This Act may be referred contributions, I suspect that there as many Bowman—teacher, cleric and friend of to as the ‘‘Public Safety Medal of Valor untold stories where Sam has quietly made a St. Leo College—did all those things Act’’. difference. and many more, and we salute his dedi- (b) TABLE OF CONTENTS.—The table of con- In the past decade, our state has experi- cation and his multiple contributions.∑ tents for this Act is as follows: enced tremendous developments in the high- tech industry. From the very beginning, Sam f Sec. 1. Short title; table of contents. could see the future of that industry and Sec. 2. Authorization of Medal of Valor. DEPLOYMENT OF A NATIONAL Sec. 3. Medal of Valor Review Board. knew how it would benefit Washington. He MISSILE DEFENSE encouraged its development and became ac- Sec. 4. Board personnel matters. tively involved in expanding the software Mr. HATCH. Mr. President, I ask Sec. 5. National medal office. business in Washington, creating more jobs unanimous consent that the Senate Sec. 6. Definitions. Sec. 7. Authorization of appropriations. and spurring unprecedented economic proceed to the immediate consider- growth. Sec. 8. Conforming repeal. ation of calendar No. 78, H.R. 4. Sec. 9. Consultation requirement. More importantly, Samuel understands The PRESIDING OFFICER. The that there is more to life than business. SEC. 2. AUTHORIZATION OF MEDAL OF VALOR. There is art, community cohesion, and the clerk will report. The President may award, and present in need and desire to continue one’s education. The assistant legislative clerk read the name of Congress, a Medal of Valor of ap- Sam has rescued community centers from fi- as follows: propriate design, with ribbons and appur- nancial disaster, expanded art galleries, and A bill (H.R. 4) to declare it to be the policy tenances, to a public safety officer who is raised funds for hundreds of organizations. of the United States to deploy a national cited by the Attorney General, upon the rec- Sam is an invaluable asset to our commu- missile defense. ommendation of the Medal of Valor Review nity for his vision, leadership, and compas- Board, for extraordinary valor above and be- There being no objection, the Senate yond the call of duty. The Public Safety sion for those in need. I am convinced that proceeded to consider the bill. Washington state is far better because of Medal of Valor is the highest national award him. Mr. HATCH. Mr. President, I ask for valor by a public safety officer. Sincerely, unanimous consent that all after the SEC. 3. MEDAL OF VALOR REVIEW BOARD. SLADE GORTON, enacting clause be stricken and the (a) ESTABLISHMENT OF BOARD.—There is U.S. Senator.∑ text of S. 257, as passed by the Senate, hereby established a Medal of Valor Review

VerDate jul 14 2003 13:40 Jan 13, 2005 Jkt 069102 PO 00000 Frm 00070 Fmt 0686 Sfmt 0634 E:\BR99\S18MY9.002 S18MY9 9914 CONGRESSIONAL RECORD—SENATE May 18, 1999 Board (hereafter in this Act referred to as the Board, the head of such department or ORDERS FOR WEDNESDAY, MAY 19, the ‘‘Board’’), which shall be composed of 11 agency may furnish such information to the 1999 members appointed in accordance with sub- Board. section (b), and shall conduct its business in (f) INFORMATION TO BE KEPT CONFIDEN- Mr. HATCH. Mr. President, I ask accordance with this Act. TIAL.—The Board shall not disclose any in- unanimous consent that when the Sen- (b) MEMBERSHIP.— formation which may compromise an ongo- ate completes its business today, it (1) MEMBERS.—The members of the Board ing law enforcement investigation or is oth- stand in adjournment until 10 a.m. on shall be individuals with knowledge or exper- erwise required by law to be kept confiden- Wednesday, May 19. I further ask that tise, whether by experience or training, in tial. on Wednesday, immediately following the field of public safety, of which— (A) two shall be appointed by the Majority SEC. 4. BOARD PERSONNEL MATTERS. the prayer, the Journal of proceedings Leader of the Senate; (a) COMPENSATION OF BOARD MEMBERS.— be approved to date, the morning hour (B) two shall be appointed by the Minority (1) NON-GOVERNMENT.—Except as provided be deemed to have expired, and the Leader of the Senate; in paragraph (2), each member of the Board time for the two leaders be reserved for (C) two shall be appointed by the Speaker shall be compensated at a rate equal to the their use later in the day. of the House of Representatives; daily equivalent of the annual rate of basic The PRESIDING OFFICER. Without pay prescribed for level IV of the Executive (D) two shall be appointed by the Minority objection, it is so ordered. Leader of the House of Representatives; and Schedule under section 5315 of title 5, United (E) three shall be appointed by the Presi- States Code, for each day (including travel f dent, including one with experience in fire- time) during which such member is engaged fighting, one with experience in law enforce- in the performance of the duties of the PROGRAM ment, and one with experience in emergency Board. services. (2) GOVERNMENT.—All members of the Mr. HATCH. For the information of (2) TERM.—The term of a Board member Board who serve as officers or employees of all Senators, the Senate will convene shall be 4 years. the United States, a State, or local govern- at 10 a.m. and immediately resume de- (3) VACANCIES.—Any vacancy in the mem- ment, shall serve without compensation in bate on the juvenile justice bill. New bership of the Board shall not affect the pow- addition to that received for those services. amendments to that legislation can be ers of the Board and shall be filled in the (b) TRAVEL EXPENSES.—The members of offered until 12:20 p.m. during tomor- same manner as the original appointment. the Board shall be allowed travel expenses, row’s session. At 12:20 p.m., the Senate (4) OPERATION OF THE BOARD.— including per diem in lieu of subsistence, at will begin debate on amendments Nos. (A) MEETINGS.—The Board shall meet at rates authorized for employees of agencies the call of the Chairman, who shall be elect- under subchapter 1 of chapter 57 of title 5, 357, 358, 360, and 361, which were pre- ed by the Board, and shall meet not less than United States Code, while away from their viously offered to the bill. Senators can twice each year. The initial meeting of the homes or regular places of business in the expect a stacked series of four votes to Board shall be conducted not later than 90 performance of service for the Board. begin at 1 p.m. I encourage my col- days after the appointment of the last mem- SEC. 5. NATIONAL MEDAL OFFICE. leagues to offer their amendments tober of the Board. There is established within the Depart- morrow morning so that we can finish (B) VOTING AND RULES.—A majority of the ment of Justice a national medal office. The this important legislation in a timely members shall constitute a quorum to con- office shall generally support the Board and manner. duct business, but the Board may establish a shall, with the concurrence of the Board, es- lesser quorum for conducting hearings sched- tablish criteria and procedures for the sub- f uled by the Board. The Board may establish mission of recommendations of nominees for by majority vote any other rules for the con- the Medal of Valor. ADJOURNMENT UNTIL 10 A.M. duct of the Board’s business, if such rules are TOMORROW not inconsistent with this Act or other appli- SEC. 6. DEFINITIONS. cable law. For purposes of this Act— Mr. HATCH. Mr. President, if there is (c) DUTIES.—The Board shall select can- (1) the term ‘‘public safety officer’’ means no further business to come before the didates as recipients of the Medal of Valor a person serving a public agency, with or Senate, I now ask unanimous consent from among applications received by the Na- without compensation, as a firefighter, law that the Senate stand in adjournment tional Medal Office. Not more than once enforcement officer (including a corrections under the previous order. each year, the Board shall present to the At- or court officer or a civil defense officer), or torney General the name or names of persons There being no objection, the Senate, emergency services officer, as defined by the at 6:44 p.m., adjourned until Wednes- it recommends as Medal of Valor recipients. Attorney General in implementing this Act; In a given year, the Board is not required to and day, May 19, 1999, at 10 a.m. select any recipients, but is limited to a (2) the term ‘‘State’’ means each of the f maximum number of 10 recipients. The At- several States of the United States, the Dis- torney General may in extraordinary cases trict of Columbia, the Commonwealth of NOMINATIONS increase the number of recipients in a given Puerto Rico, the Virgin Islands, Guam, year. The Board shall set an annual time- Executive nominations received by American Samoa, and the Commonwealth of the Senate May 18, 1999: table for fulfilling its duties under this Act. the Northern Mariana Islands. (d) HEARINGS.— NATIONAL COMMISSION ON LIBRARIES AND SEC. 7. AUTHORIZATION OF APPROPRIATIONS. (1) IN GENERAL.—The Board may hold such INFORMATION SCIENCE hearings, sit and act at such times and There are authorized to be appropriated to JACK E. HIGHTOWER, OF TEXAS, TO BE A MEMBER OF places, administer such oaths, take such tes- the Attorney General such sums as may be THE NATIONAL COMMISSION ON LIBRARIES AND INFOR- timony, and receive such evidence as the necessary to carry out this Act. MATION SCIENCE FOR A TERM EXPIRING JULY 19, 1999, Board considers advisable to carry out its VICE ROBERT S. WILLARD, RESIGNED. SEC. 8. CONFORMING REPEAL. JACK E. HIGHTOWER, OF TEXAS, TO BE A MEMBER OF duties. Section 15 of the Federal Fire Prevention THE NATIONAL COMMISSION ON LIBRARIES AND INFOR- (2) WITNESS EXPENSES.—Witnesses re- and Control Act of 1974 is repealed. MATION SCIENCE FOR A TERM EXPIRING JULY 19, 2004. quested to appear before the Board may be (REAPPOINTMENT) paid the same fees as are paid to witnesses SEC. 9. CONSULTATION REQUIREMENT. FOREIGN SERVICE under section 1821 of title 28, United States The Attorney General shall consult with THE FOLLOWING-NAMED PERSON OF THE AGENCY INDI- Code. The per diem and mileage allowances the Institute of Heraldry within the Depart- CATED FOR APPOINTMENT AS FOREIGN SERVICE OFFI- for witnesses shall be paid from funds appro- ment of Defense regarding the design and ar- CER OF THE CLASS STATED, AND ALSO FOR THE OTHER APPOINTMENTS INDICATED HEREWITH: priated to the Board. tistry of the Medal of Valor. The Attorney FOR APPOINTMENT AS FOREIGN SERVICE OFFICER OF (e) INFORMATION FROM FEDERAL AGEN- General shall also consider suggestions re- CLASS FOUR, CONSULAR OFFICER AND SECRETARY IN CIES.—The Board may secure directly from ceived by the Department of Justice regard- THE DIPLOMATIC SERVICE OF THE UNITED STATES OF any Federal department or agency such in- ing the design of the medal, including those AMERICA: formation as the Board considers necessary made by persons not employed by the De- DEPARTMENT OF STATE to carry out its duties. Upon the request of partment. STEPHEN A. DODSON, OF TEXAS

VerDate jul 14 2003 13:40 Jan 13, 2005 Jkt 069102 PO 00000 Frm 00071 Fmt 0686 Sfmt 9801 E:\BR99\S18MY9.002 S18MY9 May 18, 1999 CONGRESSIONAL RECORD—HOUSE 9915 HOUSE OF REPRESENTATIVES—Tuesday, May 18, 1999

The House met at 12:30 p.m. and was is it only encourages a failed policy of stark contrast to NATO’s propaganda, called to order by the Speaker pro tem- military adventurism. If this policy that in Svetlje, Yugoslavia, 15,000 Alba- pore (Mr. PEASE). works, the United States, at Congress’ nians displaced by the bombing remain f urging, becomes a hired gun for the near their homes in north Kosovo, in- international order, a modern day gov- cluding hundreds of young military age DESIGNATION OF SPEAKER PRO ernment mercenary. This is not con- men, quote, strolling along the dirt TEMPORE stitutional and it is a bad precedent to roads or lying on the grass on a sunny The SPEAKER pro tempore laid be- set. day. There were no concentration fore the House the following commu- Reimbursement for the Persian Gulf camps, no forced labor and no one serv- nication from the Speaker: War has helped to perpetuate that con- ing as human shields according to an flict now going on for nearly a decade. WASHINGTON, DC, Albanian interviewed by the Los Ange- May 18, 1999. It is time to think about a more sen- les Times. Many admitted they left I hereby appoint the Honorable EDWARD A. sible foreign policy. their homes because they were scared PEASE to act as Speaker pro tempore on this We should not encourage the sense- after the bombing started. Some of the day. less and immoral NATO aggression Albanians said the only time they saw J. DENNIS HASTERT, against Serbia. The funding of this war the Serb police was when they came to Speaker of the House of Representatives. should not be approved, no matter sell cigarettes to the Albanians. what special interest appropriations f We should not be in Yugoslavia for have been attached to the initial re- obvious constitutional and moral rea- MESSAGE FROM THE PRESIDENT quest to gain support for this special sons, but the American people should A message in writing from the Presi- spending measure. not believe the incessant propaganda dent of the United States was commu- Our bombing continues to complicate that is put out by NATO on a daily nicated to the House by Mr. Sherman the mess we helped create in Yugo- basis. NATO’s motives are surely sus- Williams, one of his secretaries. slavia. Just about everyone concedes that the war cannot be won without pect. I meet no one who can with a f massive use of ground troops, which straight face claim that it was NATO’s MORNING HOUR DEBATES fortunately no one is willing to com- concern for the suffering of the refugees that prompted the bombing and The SPEAKER pro tempore. Pursu- mit. So the senseless bombing continues while civilian casualties mount. demands by some to escalate the war ant to the order of the House of Janu- with the introduction of ground troops. ary 19, 1999, the Chair will now recog- And whom are we killing? It looks like Even with NATO’s effort to justify nize Members from lists submitted by we are killing as many innocent Alba- its aggression, they rarely demonstrate the majority and minority leaders for nians for whom we have gone to war as a hit on a military target. All this fine morning hour debates. The Chair will innocent Serbs. star wars technology and we see reruns alternate recognition between the par- Why are we killing anybody? There of strikes with perfect accuracy hitting ties, with each party limited to 30 min- has been no aggression against the infrastructures like bridges and build- utes, and each Member, except the ma- United States and no war has been de- ings. I have yet to see one picture of a jority leader, the minority leader, or clared. It is time to stop this senseless Serbian tank being hit, and I am sure the minority whip, limited to 5 min- bombing. The U.S. has become the world’s if they had some classy film like that utes. bully. In recent months we have we would have seen it many times on The Chair recognizes the gentleman bombed Serbia, Bulgaria, Kosovo, Af- the nightly television. from Texas (Mr. PAUL) for 5 minutes. ghanistan, Sudan, Iraq and China; and NATO must admit its mistake in en- f in recent years, many others. tering this civil war. It violates the SUPPLEMENTAL APPROPRIATIONS The fetish we have with bombing NATO treaty and the U.N. Charter, as anybody who looks cross-eyed at us has well as the U.S. Constitution. The mis- Mr. PAUL. Mr. Speaker, we will later preoccupied our leaders for several dec- sion has failed. The policy is flawed. In- today vote on the conference report to ades regardless of which party has been nocent people are dying. It is costing a H.R. 1141, the bill to further fund in power. lot of money. It is undermining our na- NATO’s aggression in Yugoslavia. The We may not be willing to admit it, tional security and there are too many President has requested $7.9 billion but but it is hardly the way to win friends accidents. Congress has felt compelled to give and influence people. It is lousy diplo- I am sick and tired of hearing him $15 billion. macy. It must stop. The only reason we NATO’s daily apologies. Congress does not endorse the war. get away with it is because we are the We voted overwhelmingly against de- military and economic superpower, but There’s nothing America can be proud of in claring war and yet we are giving the that only leads to smoldering resent- this effort and if we don’t quickly get out of it, President twice the amount he re- ment and an unsustainable financial it could very well escalate and the getting out quested to wage the war. It does not commitment that will in due time made impossible. The surest and quickest make any sense. come to an end. Our superiority is not way to do this is for Congress today to reject We are asking the President to seek guaranteed to last. the funding for this war. reimbursement from NATO members NATO, through their daily briefings, The only answer to senseless foreign inter- since we have assumed the financial has been anxious to reassure us that its vention is a pro-American constitutional policy burden for fighting this war. This has cause is just. Yet NATO cannot refute of non-intervention in the affairs of other na- tremendous appeal but cannot com- the charge that the refugee problem tions; a policy of friendship and trade with pensate for the shortsightedness of was made much worse with the com- those who are willing and neutrality with oth- spending so much in the first place. mencement of the bombing. ers who are involved in conflict. This is the The money may well never be recouped Yesterday it was reported in the Los only policy that makes sense and can give us from our allies, and even if some of it Angeles Times by Paul Watson, in the peace and prosperity all Americans desire.

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

VerDate jul 14 2003 14:24 Jan 13, 2005 Jkt 069102 PO 00000 Frm 00001 Fmt 0688 Sfmt 9920 E:\BR99\H18MY9.000 H18MY9 9916 CONGRESSIONAL RECORD—HOUSE May 18, 1999 KUDOS FOR BETTE MIDLER dumps or staging areas for crime and home want us to work together and The SPEAKER pro tempore. Under turns them not just into green oasis find solutions to the challenges that we the Speaker’s announced policy of Jan- but a place where people want to go. are facing. uary 19, 1999, the gentleman from Or- They define community pride, engage- I am proud to say that over the last 1 egon (Mr. BLUMENAUER) is recognized ment and involvement. 4 ⁄2 years, we have listened and we have during morning hour debates for 5 min- Under the guise of providing money responded to those concerns to work to utes. and housing opportunities, Giuliani change how Washington works, to Mr. BLUMENAUER. Mr. Speaker, my proposed selling off for a couple million make Washington more responsive to goal in Congress is to help the Federal dollars these little neighborhood gems. the folks back home. I am proud to say Government be a better partner with Put aside for a moment that the that we accomplished some things we State and local governments, with amount of money is minuscule com- were told we could not do. We were told business and private citizens, to do ev- pared to the hundreds of millions of we could not balance the budget. We erything it can in promoting livable dollars Giuliani has talked about sub- were told we could not balance the communities, because what our fami- sidizing for a few selected businesses. budget and lower taxes. We were told lies really care about is that their chil- Also ignore for a moment that there we could never reform our welfare sys- dren are safe when they go out the door are thousands of run-down, dilapidated tem, but we did. to school in the morning, that families buildings and vacant lots that would be I am proud to say in the last 41⁄2 are economically secure and healthy. prime candidates for redevelopment in years that we balanced the budget for There is a vital component to this New York City. the first time in 28 years, producing a livability movement that goes well be- This case illustrates the strengths of projected $2.8 trillion surplus of extra yond the crafting of Federal legisla- partnership and why I for one do not tax revenues. We lowered taxes for the tion. The most powerful livability trust any one single level of govern- middle class for the first time in 16 champions out there make the message ment on its own because there is clear- years and 3 million Illinois children real. They are the folks who take the ly enough insensitivity and ineptitude now qualify for the $500 per child tax rhetoric one step farther and actually to go around. credit back home in my State of Illi- walk the talk. For the last 3 months I The public which has fought so hard nois. That is $1.5 billion that will stay have been especially intrigued by one to establish these toeholds fortunately in Illinois rather than coming here to such person, Bette Midler, who first pushed back, and luckily the partners Washington. got my attention when she took to na- existed in New York City that make We also reformed our welfare system, tional syndicated television a few livable communities strong and vital. which was failing beyond imagination. months back and confessed that if she They provided not just money and in- We reformed our welfare system for the had not gone into entertainment she terest but the spark that brought those first time in a generation. As a result probably would have pursued a career pieces together. of our welfare reform, we have seen the as an urban planner, and she certainly Today the community gardens are welfare rolls in Illinois cut in half. We has moved to the forefront in pro- safe, New York City is richer and hope- have balanced the budget. We lowered moting livability with her personal ad- fully politicians like Giuliani have taxes for the middle class. We reformed vocacy and investment. learned a lesson. Sometimes that just This was most apparent last week our welfare system. That is pretty means listening to the people about when she spearheaded the rescue of 112 good. what makes communities and neigh- pocket parks and community gardens Folks often say those are real accom- borhoods work. in New York City from being sold for plishments, but what is next on Con- Congress can certainly do its part by redevelopment. Had Miss Midler not gress’ agenda? We are working to con- enacting legislation to make contribu- stepped in, along with the Trust for tinue responding to the issues and con- tions to the public easier for things Public Land and a group that she cerns of the folks back home and we like scenic and conservation easement, founded in 1994, the New York Restora- have a simple agenda in this Congress. tion Project, a great number of New agriculture and timberlands and wet- The Republican agenda is simple: Good Yorkers would have lost the joy they land conservation. The public has schools, low taxes and a secure retire- have received from these gardens. learned, with the help of Miss Midler ment for all America, and our budget Over a third of a century ago, author and others, that it can challenge city that were working on today reflects Jane Jacobs captured in her book, The hall and win, which may be the most that. Life and Death of Great American Cit- important lesson of all for livable com- I am often asked some questions in ies, the importance of places for people munities. town meetings back home. One of the to congregate over sterile formal f most important ones we addressed this parks, planned with even the best of in- ADDRESSING THE CONCERNS OF year. I am often asked by folks, wheth- tentions, in ways that do not speak to FOLKS BACK HOME er at a senior citizen’s center, a union people’s needs for diversity and connec- hall or a VFW, when are the politicians tion. The SPEAKER pro tempore. Under in Washington going to stop raiding In threatening to auction these small the Speaker’s announced policy of Jan- the Social Security trust fund? That is gardens to the highest bidder, Mayor uary 19, 1999, the gentleman from Illi- a pretty important, basic question. Of Giuliani not only added to the evidence nois (Mr. WELLER) is recognized during course, Washington has raided the So- that he does not get the revitalization morning hour debates for 5 minutes. cial Security trust fund for over 30 taking place in New York City, that it Mr. WELLER. Mr. Speaker, it is my years. Back when LBJ was president, needs to be about more than simply privilege to represent a very diverse Washington began that process, and adding police officers on the corner, district in Illinois. I represent the bad habits are hard to break. I am talking tough and bribing the New south side of Chicago and the south proud to say this Republican Congress York Yankees to stay in New York suburbs in Cook and Will Counties, a is going to lock away 100 percent of So- City. lot of bedroom communities and farm cial Security revenues for social secu- Revitalization is most effective when towns, too. When one represents such a rity only. it brings people together. When people diverse district, they learn to listen to b 1245 invest in their communities, they feel the concerns back home and try and re- that they have ownership in the neigh- spond to those concerns. Let me point out here what this borhood, and this feeling of ownership I have had one very common message means, and I will compare the Repub- is undoubtedly the most effective de- that I hear in the city and in the sub- lican budget with the Clinton-Gore terrent to crime and deterioration. urbs and in the country in the diverse budget on Social Security. The Repub- Community gardens take little en- district that I represent, and that mes- lican budget, of course, locks away 100 claves that otherwise might be garbage sage is pretty simple. People back percent of Social Security for Social

VerDate jul 14 2003 14:24 Jan 13, 2005 Jkt 069102 PO 00000 Frm 00002 Fmt 0688 Sfmt 0634 E:\BR99\H18MY9.000 H18MY9 May 18, 1999 CONGRESSIONAL RECORD—HOUSE 9917 Security. I would point out that $137 uary 19, 1999, the gentleman from which respect and value human rights, billion of the Social Security surplus Texas (Mr. BENTSEN) is recognized dur- democracy, free speech, religious toler- under our lockbox will stay in Social ing morning hour debates for 5 min- ance, are the seeds of a lasting peace Security. utes. throughout the world and in the Middle Now, the President talks about 62 Mr. BENTSEN. Mr. Speaker, as we East. percent of the surplus for Social Secu- all know, yesterday the people of Israel The elections held yesterday are rity, and what the President and Vice demonstrated their commitment to proof that the people of Israel are de- President Gore are talking about doing democratic values by electing a new termined to withstand pressures and is spending 38 percent of Social Secu- Prime Minister, Ehud Barak, a highly maintain a democracy, build a vibrant rity on other things. That is what the respected, decorated soldier and former economy and achieve peace and secu- folks back home call raiding the Social leader of the Israeli Army. Despite the rity in the entire region. Our Nation Security Trust Fund. strong differences voiced during the has watched and admired a brave, de- Republicans say 100 percent of Social campaign, both Mr. Barak and Prime termined and sometimes very divided Security for Social Security. Clinton- Minister Netanyahu deserve our con- people build a democracy under dif- Gore, they say 62 percent and spend the gratulations for articulating thought- ficult circumstances that often have rest on other things. We want to put a ful visions for the people of their coun- tested their resolve. stop to that, and that is why the try. Throughout the past decade, Israel lockbox proposal Republicans are mov- As he prepares to leave office, I com- has lived and thrived through espe- ing through the Congress is so impor- mend Prime Minister Netanyahu’s ac- cially difficult circumstances: the as- tant, because it is the first step we complishments. He stood by his com- sassination of Israel’s great leader should take as we work to save Social mitment to take Israel down a road of Yitzhak Rabin, repeated terrorist at- Security. Let us lock away Social Se- less reliance on U.S. economic assist- tacks, waves of immigrants chal- curity first before we consider any ance and a greater reliance on the pow- lenging Israel’s complex and the very other reforms. erful forces of capitalism and free mar- contentious national elections. Another question I am often asked is kets. I commend him for setting his na- Through it all, the people of Israel no one ever talks about the national tion on a course of economic independ- stood strong, holding to its values and debt. Let me point out that in this ence. Because of his willingness to its belief that their country will re- budget this year, we are in a position work with his fellow citizens and his main strong and at peace. where we are going to be able to pay demonstrated leadership, Israel is a vi- I have also been encouraged by Mr. down $1.8 trillion of the national debt. brant, strong, self-reliant nation. Barak’s willingness to return to the Last year we paid off $50 billion; this The Prime Minister-elect, Ehud land-for-peace Israeli commitments year we are projected to pay off $100 Barak, left the ranks of the military under the Wye River Peace Agreement billion of the national debt, and under just four years ago after a highly dis- brokered by President Clinton last Oc- our budget we propose the potential of tinguished 36-year career as a platoon tober. As the Israeli government now paying down $1.8 trillion of the na- leader, tank battalion chief, senior in- changes hands, I am hopeful that the tional debt. Saving Social Security, telligence analyst and head of the Middle East peace process can take paying down the debt. Israeli Army. As Israel’s most deco- I am also asked at the union halls meaningful steps forward. rated soldier, Ehud Barak is perhaps and the VFWs and the other commu- It is critical that the United States best known as the catalyst of the 1972 nity centers and the grain elevators in continue to support Israel’s commit- the district that I represent, when are storming of a Sabena airliner hijacked ment to see an end to terrorist aggres- we going to do something about the tax by guerrillas at Tel Aviv’s airport. sion and State-sponsored attacks Following his retirement from the burden on families? Today the average against its citizens and cities. We must military, Mr. Barak served as the family in Illinois sends 40 percent of also support Israel’s desire to move the Army Chief of Staff and Interior Min- their income to Washington and peace process by requiring that exist- ister under former Prime Minister Springfield and the local courthouse in ing peace agreements be respected by taxes. Yitzhak Rabin, then Foreign Minister all sides. We should embrace these con- The tax burden today for the middle under Prime Minister Shimon Peres. ditions, for they have at their core the class is at its highest level ever in When I traveled to Israel in 1997, I had values of any true democracy, the val- peacetime history. Twenty-one percent a chance to meet with Mr. Barak, who ues of personal freedom. of our gross domestic product goes to was serving as the leader then of the Now that the citizens of Israel have Washington. That is the highest level Labor Party. I was impressed with Mr. spoken again, we must work to ensure ever in peacetime history, and it is Barak’s meticulous attention to detail, that the Nation of Israel remains on putting a tremendous squeeze on mid- commitment to important issues, and course towards peace. Because of the dle class families. his construction of an aggressive grass- perseverance, ingenuity and faith of its I believe as we work to lower the tax roots political operation. Throughout people, Israel has overcome the most burden on middle class families we the campaign, Barak promised, if elect- daunting of challenges and become one should simplify the Tax Code; we ed, to continue Yitzhak Rabin’s legacy of the world’s great nations. I am con- should work to bring fairness to the of reviving negotiations with the Pal- fident that the people of the United Tax Code, beginning with the elimi- estinians and making an impassioned States stand ready to help the people nation of the marriage tax penalty. It personal commitment to the peace ef- of Israel as they continue moving down is simply wrong that under our Tax fort. a road of peace, security and economic Code 21 million married working cou- I am also impressed with Prime Min- self-reliance. ples on average pay $1,400 more in high- ister-elect Barak’s appreciation and f er taxes just because they are married. understanding of the American-Israeli ENFORCE THE WAR POWERS ACT Let us lower taxes by simplifying the partnership, a partnership that goes Tax Code by eliminating the marriage beyond common political and strategic The SPEAKER pro tempore. Under tax penalty, let us pay down the na- bonds. Both nations share a common the Speaker’s announced policy of Jan- tional debt and let us save Social Secu- set of values: freedom, individual re- uary 19, 1999, the gentleman from rity. sponsibility, hope and opportunity. It North Carolina (Mr. JONES) is recog- is no coincidence that the birth of nized during morning hour debates for f Israel coincided with the rise of the 5 minutes. ISRAEL’S COMMITMENT TO United States as the world’s pre- Mr. JONES of North Carolina. Mr. DEMOCRATIC VALUES CONTINUES eminent power. Our futures, both the Speaker, 56 days ago President Clinton The SPEAKER pro tempore. Under United States’ and Israel’s, are tightly launched a massive offensive air cam- the Speaker’s announced policy of Jan- intertwined. Our shared traditions, paign against Yugoslavia. Over the

VerDate jul 14 2003 14:24 Jan 13, 2005 Jkt 069102 PO 00000 Frm 00003 Fmt 0688 Sfmt 0634 E:\BR99\H18MY9.000 H18MY9 9918 CONGRESSIONAL RECORD—HOUSE May 18, 1999 past few weeks we have witnessed the revolution in our land that is an af- them out of Kosovo. This was not that long capture and release of three United front to some sort of world entity, we ago. Our response at the time was probably States soldiers. We have seen destruc- have now forfeited the right to handle tempered by the fact that our Secretary of tion, lives lost, and hundreds of thou- things as we as a Nation see fit. If we State was not Serb, as now Mrs. Albright is Albanian. These people do not forget the sands of men, women and children continue down this road before us, we wrongs done to them. Unless a firm handed forced to leave their homes and seek will be handing national sovereignty, dictator is in power, like Tito or perhaps refuge. for any Nation, over to some non- NATO, these people will not live together. Most would call this a war. But Arti- elected multinational body.’’ Period. cle I, Section 8 of the United States Mr. Hunter further states, ‘‘My oath 2. HUMANITARIANISM IS A POOR EXCUSE FOR Constitution grants Congress, not to as a soldier and yours as a Senator in- MILITARY DIPLOMACY the Commander in Chief, the authority cluded the phrase, ‘to uphold and de- If we are to use the humanitarian crisis in to declare war. Approaching two fend the Constitution of the United the region as a reason for this gunboat diplo- months of repeated air strikes, Presi- States against all enemies, foreign and macy, then we are setting a dangerous precedent Clinton has never asked for con- domestic.’ Never has there been a vow dent, as well as an inconsistent one. Millions gressional authorization. Now, in order made to an international constitution of people have been killed in Sierra Leone in to proceed with Operation Allied Force, or treatise, so why the concern over the past couple of years. The ethnic cleansing in Rwanda and Burundi has created over President Clinton must either ask Con- the honor of NATO? Why is Congress 1 million dead and 3 million refugees. Turkey gress for authorization or remove our not concerned with the honor of the has been killing the Kurds for years. troops from the region. Unfortunately, United States?’’ The list could go on, as you well know, yet he has made no indication that he is Mr. Speaker, these are words of a to these tragedies a blind eye is turned. With eager to do either. United States soldier who spent nine this current administration it is even blas- Mr. Speaker, I am disappointed that months in the Balkans, and he is abso- phemy to mention the abuses occurring in President Clinton has violated our Con- lutely correct. We need to restore the China. Yet, in all of these areas we do noth- stitution as it pertains to the declara- honor we once valued and treasured. ing. These examples serve only to show the tion of war. Therefore, I join the efforts President Clinton, my colleagues in glaring inconsistency of this as U.S. foreign policy. It also sets up a dangerous precedent. of the gentleman from California (Mr. Congress and I took an oath to uphold China will not renounce the possible use of CAMPBELL) and 15 of our colleagues in and defend the Constitution. Especially force in relations to Taiwan. Tensions are the House in filing a lawsuit against now, we must keep that oath. Once still high between Iraq and Iran, India and President Clinton in order to clarify again, I urge the President to seek con- Pakistan. What of the Taleban in Afghani- Congress’s constitutional war author- gressional authority to declare war or stan? Will this foreign policy change dictate ity. I regret that we are forced to call bring our troops home. our future involvement in these areas? Why upon the courts, but until we do, fur- Mr. Speaker, in closing, I will submit not? ther administrations will continue to the full text of Mr. Hunter’s letter for 3. FORGOTTEN LESSONS OF HISTORY violate the Constitution and the War the RECORD. God bless our troops and It has been well quoted, ‘‘Those who fail to Powers Act. God bless this Nation. learn from history are doomed to repeat it.’’ I am afraid that we are at such a crossroads Mr. Speaker, I agree with many of A BALKANS SOLDIER’S OPEN LETTER now. my colleagues who have very grave (By Charles W. Hunter) doubts about the United States in- Some critics of this administration feel I am a reservist. I have served in Bosnia that all actions done by Impeached President volvement in Operation Allied Force. for nine months. I am a linguist and inter- Clinton are done so to create a legacy for While I agree that the situation in viewed between 100 and 200 people each day history. It would be interesting to note what Kosovo is a tragic one, our national se- while I was there. I have also had the unique light future history will cast on the actions curity is not threatened. Our armed experience of losing a job due to my reserve currently being implemented by this admin- services already suffer from years of commitment. I do hope that you will take istration and enabled by this Congress. It is neglect under this administration. these following points into consideration as interesting to note that this is the first time you think about the possible future commit- in the history of our once great nation, that When we continue to commit troops in ment of ground forces to, and our general in- our limited resources on peacekeeping we have attacked another sovereign nation volvement in, Yugoslavia. unprovoked and uninvited by a host or exiled operations, we undermine our mili- As a point of clarification, I refer to the government. To me, this is a huge and piv- tary’s primary goals, to protect and de- leader of the United States as ‘‘impeached’’ otal point, the possible effects of which are fend the citizens of this great country, President Clinton, because that is the title frightening. and we leave ourselves vulnerable in an that the House of Representatives voted to Should we someday have a revolution in unstable post-Cold War climate. give him. I am not demeaning the office of our land that is an affront to some sort of Mr. Speaker, a constituent of mine the president or the person of William Jeffer- world entity, we have now forfeited the son Clinton. They, not I, put him in a classi- rights to handle things as we as a nation see recently forwarded to me a letter from fication different from recent past presi- Charles Hunter, a military Reservist fit. If we continue down this road before us dents. we will be handing National Sovereignty, for who served in Bosnia for nine months. 1. THE YUGOSLAV PEOPLE DO NOT THINK AS WE any nation, over to some non-elected, multi- I want to share with my colleagues DO national body. My oath as a soldier and some of what he observed. I feel very Due to the unique position and job which I yours as a senator included the phrase ‘‘. . . strongly that his words and observa- had while I was in Bosnia, I had the oppor- to uphold and defend the Constitution of the tions will prove much more powerful tunity to interview between 100 and 200 peo- United States against all enemies, foreign than my own. ple each day for nearly 8 months. These peo- and domestic.’’ Never has there been a vow In an open letter to Congress, Mr. ple were mostly Croats and Muslims. How- made to an international constitution or Hunter wrote, ‘‘It would be interesting ever, during the last month of my tour my treatise, so why the concern over the honor to note what light further history will focus was with the Serbs. Because I had of NATO? Why is Congress not concerned learned the language, these people felt that I with the honor of the U.S.? cast on the actions currently being im- was different than the majority of British The specter of Vietnam is all over this op- plemented by this administration and and American soldiers they met and as a re- eration. Vietnam started with U.S. bombing, enabled by this Congress.’’ Mr. Hunter sult they opened up to me. All of these peo- so did this Yugoslav operation. The politi- further states, ‘‘It is interesting to ple told me that as soon as we leave, if it is cally correct response to this is that this is note that this is the first time that we in one year, five years, or fifty years, they a NATO mission. Yeah, right! 90 percent of have attacked another sovereign na- will go back to killing each other. the flights are U.S. aircraft, not to mention tion unprovoked and uninvited by a All of the sides committed mass execu- the cruise missiles. If this is the proportion host or exiled government.’’ He further tions, as is the case in Kosovo now. Look at of U.S. involvement now what precedent is the history of the region. I think that you being set for when a ‘‘permissive environ- states, ‘‘To me, this is a huge and piv- will find it was not too long ago that the ment’’ is achieved? This is a U.S. mission. otal point, the possible effects of which KLA was viewed to be a terrorist organiza- Vietnam had a gradual escalation with no are frightening.’’ Mr. Hunter further tion. They were raping, executing, burning thought-out plan of execution. This is par- states, ‘‘Should we some day have a and looting the Serbs in an attempt to drive alleled here as the nation witnesses the AH–

VerDate jul 14 2003 14:24 Jan 13, 2005 Jkt 069102 PO 00000 Frm 00004 Fmt 0688 Sfmt 0634 E:\BR99\H18MY9.000 H18MY9 May 18, 1999 CONGRESSIONAL RECORD—HOUSE 9919 64 debacle. No ground troops were to be com- foreign policy. In order for the illusion to be Yugoslavia is wrong. Throughout Scripture mitted to Vietnam, and then were. News- maintained, U.S. presence in the region must this is made very clear. In the book of Daniel paper headlines today are saying the same be passed on to the next presidency. If that we are instructed that successions of govern- thing. Congress was misled and half-in- administration were to remove our forces, ments are determined by God. The book of formed in the ’60s with lies and half-truths. again, war would start and that administra- Romans states that ‘‘There is no authority Many Congressman from both parties have tion will get the blame, so the illusion will except from God, and those which exist are expressed their frustration over these same be maintained. In the end, there might be an established by God.’’ If one believes in the problems in this situation. In Vietnam, a administration with enough honor to end the Sovereignty of Almighty God, then in the war was waged without the understanding of illusion. However, because all of the time, course of that same belief, in light of Scrip- the psyche, intent and motivation of the resources and lives spent which will have ture, as long as Molosevic is acting within enemy. By even being optimistic of peace been wasted, that administration will be his own borders then the only correct posi- happening between these peoples, a lack of through. Again, look at history. Impeached tion to take is one of neutrality. understanding of them is being exemplified. President Clinton says that the current cam- As was pointed out by the Chinese Pre- None of the lessons learned in Vietnam are paign against Serbia is based upon lessons mier, President Lincoln used force to hold being applied to any of this administration’s learned from Bosnia. What is clear to me, this country together. In that war more military endeavors. From the police action and to every other soldier who has served Americans died than in any since. Both Eng- in Southeast Asia three major lessons of there, is that nothing was learned—other- land and France were considering entering military doctrine were learned. These pearls wise we would not now be engaged. the war, but on the side of the South. What of military doctrine were to: (1) have de- Many historians believe that if Hitler had would have been the result if that had oc- fined, accomplishable objectives; (2) have a listened to the advice of his general staff, the curred? Freedom and a living form of democ- defined or structured period of involvement; war would have gone in favor of Germany. racy cannot be instilled in another people. It (3) have a planned exit strategy. The last two The Washington Times reported that the must be won by those for whom it is meant. parts of this doctrine are predicated by the U.S. military advisors to Impeached Presi- 5. THE OVERSHADOWING OF OTHER REAL ISSUES first. These lessons were played out to grand dent Clinton advised him that this mission The people of this nation by course of the effectiveness during the Reagan and Bush would not be successful, but rather, would mainstream media are so preoccupied, and years (outside of Beruit). From Grenada to only exacerbate the conflict. Impeached thus our elected officials, with the plight of Desert Storm, even Somalia, these three President Clinton chose rather to listen to the Albanians that real focus is being lost. points were practiced. the advice of Mrs. Albright. Once so ordered, One of the problems with the Gulf War was If one recalls, the U.S. involvement in So- the military advisers were bound by oath to that victory there was a cheap victory. One malia was to be ended at a specified time. carry on. hundred thousand casualties and 100,000 pris- When Impeached President Clinton was In a fashion which has not been seen since oners were afflicted upon Iraqi forces while elected, he extended the U.S. withdrawal in- the fall of the Soviet Union, history is being the U.S. suffered only 149 dead in both Desert definitely. Several Rangers had to die before rewritten by this administration. Another Shield and Desert Storm. While I have no in- Congress forced the end to that mission. U.S. reason that Impeached President Clinton tent to minimize the sacrifice those brave forces are still in Haiti, as was I in ’95. What gives for this action is the preservation of and proud men gave, or the effect upon the is interesting, is that for the average Haitian U.S. interests in Europe by preventing an- conscience of this country. Desert Storm, all is as it was. Those who have the guns still other world war; after WWI and WWII both like Vietnam was waged in the living rooms have the power, yet we are still sending started in this region. This is false. WWI of America. However there is one great dif- troops and dollars there. started here, that is true. I walked the ference. For years Impeached President Clinton has bridge where the Archduke was assassinated. Instead of seeing men dying from limbs been playing with the Iraqi President. Sud- The real cause of the war was the entangling blown off or sucking chest wounds, the peo- denly, he starts a bombing campaign to force alliances throughout the region. No such al- ple of this country saw something like a compliance with U.N. weapons inspectors. liances exist today outside of the growing re- video game on their computer. Bombs guided ‘‘To what end?’’ I ask. Are there now, or will lationship of Russia with Serbia. WWII did into windows with amazing accuracy. De- there be, U.N. inspectors in Iraq? To gain not start in this area. In truth, Hitler could serted tanks being demolished in live-fire ex- congressional approval for the operation in have done what he wanted if he had not at- ercises. Here, the human element was re- Bosnia, Impeached President Clinton out- tacked Poland. The attack on Poland moved. War became acceptable. What a trag- lined a plan for a one-year occupation. He brought England into the war. WWII esca- edy. held this claim until the day after his related from there. Our attacks on Serbia are causing untold election. The day after his re-election he an- One point about WWII, which is quite suffering for the general population of Ser- nounced an additional 18 months of occupa- valid, is that the Serbs were the best friends bia. This is acceptable because they are the tion, then it became an indefinite extension. a U.S. pilot had. In addition, ill clothed, ill villains, the evil Serbs, the scourge of the Where is Congress and why is Impeached fed, and ill armed the Serb partisans pinned world. Has the lust for blood become so President Clinton not held accountable for down 24 German Divisions. The power of the strong that we have become that which we his word? Luftwaffe and the might of the Wehrmacht hate? Now the U.S. is faced with a police action was all but lost in the terrain of Yugoslavia. Of greater national interest and security, in Yugoslavia. The Media labels this a war. Something to consider as you go to cast your but that which is all but off of the radar Only Congress can declare war on another vote on the escalation of this conflict and screen, is the ongoing Chinese/Impeached country. A police action can be stopped by the introduction of U.S. ground forces. President Clinton saga. Impeached President Congress by not authorizing funding. In this Indeed, ‘‘Those who fail to learn from his- Clinton opens trade through which missile action against the sovereign nation of Ser- tory are doomed to repeat it.’’ guidance technology is transferred to the bia, objectives and conditions for victory 4. OUR POSITION IN YUGOSLAVIA IS MORALLY Chinese thereby allowing them to deliver the have never been defined and have been ever WRONG MRV technology stolen in the late 1980s to changing. One element which has been con- In setting up this government and finding the shores of the United States. In 1995, Neu- sistent is for an indefinite, multinational the principles upon which this Republic was tron Bomb technology is stolen by the Chi- peace keeping force to be placed on the established, the Founders of this country nese. Problems are reported to the Adminis- ground. took great inspiration and insight from the tration in 1996. The suspected individual is The people of this region of the world have Holy Scriptures, among other sources. In his allowed to continue working and even given a long and great history of hating each Farewell Address, George Washington wrote, a promotion in the facility. The Justice de- other. This hatred is not restricted to the ‘‘Of all the disposition and habits which lead partment head and Impeached President Serbs. I mentioned the atrocities committed to political prosperity, Religion and moral- Clinton appointee, Janet Reno tells her by the Albanians against the Serbs earlier. ity are indispensable supports.’’ Up until the agencies to leave it alone. In 1999 the story That was only one decade ago. As I would early ’60s, primers and many secondary breaks, the individual is arrested. talk to the people in my AO while in Bosnia, school language texts were based on the Impreached President Clinton initially I would ask them how the Bosnian conflict Bible. So powerful was the union of this states there were security problems, inher- started. For an answer I received a history country with Scripture, that in 1805 a man ited from the Republicans, but that no tech- lesson that often started prior to WWII and was convicted of treason against the United nology has been stolen by the Chinese on his sometimes would start back with the Otto- States for blaspheming the name of Jesus watch as President. Once the story breaks in man Empire. To a person, everyone I spoke Christ. The founders understood well the full, he denies any knowledge of the events. with said that as soon as we leave they will Sovereignty of God. It was that under- Subsequently, in a press conference with the start at it (fighting) again. This is the prob- standing by which our Constitution was con- Chinese Premier, impeached President Clin- lem for the current administration. ceived. ton jokes before national news media over If the U.S. forces are withdrawn, war in By that same great Tome, which so in- the incident. China refuses to commit to a Bosnia will erupt again, highlighting a bad spired our Founders, our aggression towards non-military resolution to the Taiwan issue.

VerDate jul 14 2003 14:24 Jan 13, 2005 Jkt 069102 PO 00000 Frm 00005 Fmt 0688 Sfmt 0634 E:\BR99\H18MY9.000 H18MY9 9920 CONGRESSIONAL RECORD—HOUSE May 18, 1999 Impeached President Clinton rebuffs cri- 1974 their deaths became meaningless? If we joint operation with NATO, Operation tiques of Chinese human rights policies. In a continue down the present path the same Allied Force, but has not yet clearly news conference the Chinese Premier states will be true for those who will lose their defined what Americans’ vital interests that there has been enough talk of human lives in Yugoslavia. Is this what you want, if are in this region. The American people rights. He further says that the Chinese just it were your son who could die on the Field have a different way of looking at things. of the Blackbirds near Pristina? Is this what have a right to know why we are there. The media and, apparently Congress, buy off you want for the lives of the sons and daugh- The President, in eight weeks of mili- on this as a valid explanation as to the ongo- ters of your constituents? tary action, has not properly defined ing and increasing human rights atrocities Congress has not declared a war. Congress what the specific objectives of NATO being committed in China (as reported by can stop this before it becomes a U.S. trag- are, nor has the White House defined Amnesty International). Put this together edy. I urge you, for the sake of this country, an exit strategy. And if my colleagues with the campaign fund-raising issue with stop the conflict in Yugoslavia. Pull our will remember, Mr. Speaker, the Presi- the Chinese and an interesting puzzle starts forces out of the Balkans. You have the dent promised our Nation that the U.S. to form. power to either end this or escalate it. military forces would be out of Bosnia WHY ARE WE BOMBING THE SERBS AND It is not unlike riding a bike up a road that in one year. Three years and six COURTING THE CHINESE? POSSIBLE ANSWER: is increasingly getting steeper. One either months later, U.S. personnel are still Mrs. Albright is Albanian and lost a grand- has to pedal harder, or get off of the bike. father and two cousins to Serb cleansing Let’s get off. At the top of this hill is a cliff. in Bosnia, and I expect that they will after WWII, as was reported in the New York f continue to be there for years to come. Times. China was a staunch ally of Albania AMERICAN LEGION URGES WITH- b 1300 during the period of the cold war. Impeached President Clinton and China have a strange DRAWAL OF TROOPS FROM How long will our forces be in involved relationship, which is under inves- YUGOSLAVIA Kosovo? Will the President claim they tigation. Impeached President Clinton has The SPEAKER pro tempore. Under will be there for just 1 year once again? always hated the United States Military. He the Speaker’s announced policy of Jan- I continue to be troubled with Amer- is quoted as having stated that he loathed uary 19, 1999, the gentleman from Flor- ica’s participation in this conflict. U.S. the military. Through the course of the poli- ida (Mr. STEARNS) is recognized during forces continue to carry the over- cies and practices of the current administra- whelming share of the military burden, tion: morale of the military is at a 25-year morning hour debates for 5 minutes. low; deployments are at an all time high; Re- Mr. STEARNS. Mr. Speaker, I do not rather than our European NATO allies. serve and National Guard units are being know of any group that is more re- Only 13 of NATO’s 19 member nations used on a regular basis in places such as spected and has more credibility when are actively engaged in Operation Al- Haiti, Bosnia, Central America and the it comes to our Nation’s veterans than lied Force. American pilots are flying Sinai; cruise missile and other munitions the American Legion. Mr. Speaker, the some 90 percent of the missions. stores are being completely depleted and not Legion, representing over 3 million of It also seem to me that the Clinton replaced; all branches of the military are our Nation’s veterans, has gone on administration continues to disregard under manned; service members are leaving attempts to reach a diplomatic solu- in record numbers; recruitment is at a two- record against our involvement in decade low and China has gained 40 years Kosovo. tion. After a bipartisan congressional worth of nuclear technology in the last six I would like to share with my col- delegation met with the parliamentary years. leagues this afternoon a portion of a leaders of Russia in Vienna recently to I believe that the U.S. involvement in letter sent to the President by the start formulating terms of a negotiated Yugoslavia is for only two real reasons: American Legion about our involve- settlement to establish a cease-fire and 1. Mrs. Albright’s ancestral hatred of the ment in Kosovo, and I quote: ‘‘The establish peacekeeping operations, and Serbs. Now she is in power as an impeached after Reverend Jackson’s successful President Appointee to seek revenge for her American Legion, a wartime veterans’ people—the Albanians. organization of nearly 3 million mem- trip to release the three American 2. Impeached President Clinton’s ongoing bers, urges the immediate withdrawal servicemen, the administration has not relationship with the Chinese and his M.O. to of American troops participating in Op- attempted to follow through on any of use the military to divert and confuse the al- eration Allied Force.’’ these overtures. ready short and anemic attention span of the The letter went on to outline resolu- Many of us here in Congress are vet- American people. tion number 44, the American Legion’s erans. We swore an oath to defend our I am not by nature a conspirator. I am a country and her interests. But we must patriot. I am a critical thinker. I doubt that statement on Yugoslavia that was you will agree with my bold answer to my adopted unanimously by their organi- remember, wars are fought to protect bold question. However, as to my five main zation on May 5, 1999: national security interests, not for points, I do hope that you will muse on ‘‘This resolution voices grave con- human rights. In fact, no major con- them. As a soldier, I will go to wherever I am cern about the commitment of U.S. flict has been waged solely for the pur- sent. As with all soldiers, I will do my duty armed forces to Operation Allied Force pose of defending a beleaguered people. to the best of my ability. I have had a ter- unless the following conditions are ful- The United States has a moral interest rible three years of employment since I lost filled: One, there is a clear statement in Yugoslavia, but we have no national my job due to my military service in Haiti. interest. I was shot at and could have been killed as by the President of why it is in our I stopped a Croat from blowing up his car at vital national interests to engage in This conflict violates the conserv- my base in Bosnia. I volunteered to go to Operation Allied Force. Two, guide- ative principle that goes back to our Desert Storm; as a soldier I felt that I should lines be established for the mission, in- American Founding Fathers: non- be with my brothers in arms. I do not want, cluding a clear exit strategy. Three, intervention in the internal affairs of however, to see my children in a Vietnam- that there be support of the mission by other countries, except to counter like situation. A situation in which at the the United States Congress and the threats to our national interest. Our end of the day, after the waste of lives, mate- American people. Four, that it be made dedication to free markets and demo- rial, resources and National Honor, no dif- cratic institutions are exportable only ference will have been made. clear U.S. forces will be commanded by Would you be willing to possibly die for the U.S. officers whom we acknowledge are by example, not by force. United States of America? Impeached Presi- superior military leaders. My greatest hope is that we can dent Clinton has clearly answered that ques- The Legion believes that at least reach a diplomatic solution to this cri- tion, in a manner quite different from the three of these conditions have not been sis and bring our men and women home way the proud men and women of the U.S. met, and if they are not all met, then safely. Armed Forces today have answered that the President should withdraw Amer- In closing, Mr. Speaker, the Amer- question. How would you, Senator, answer ican forces immediately.’’ ican people are suffering from what I that question? How about your sons and daughters, would you commit them to pos- Mr. Speaker, I agree with this posi- call Clinton fatigue. They question our sibly die for Old Glory? tion. reasons for being in Kosovo, and they Would you be willing to possibly die for The President has committed the now question the bases for which the Kosovo? When it was Vietnman, many did. In armed forces of the United States in a President is choosing his policy.

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I include for the RECORD the full text meeting assembled in Indianapolis, Indiana, Pursuant to clause 1, rule I, the Jour- of the American Legion letter of May 5. May 5–6, 1999, That The American Legion, nal stands approved. which is composed of nearly 3 million vet- The letter referred to is as follows: f THE AMERICAN LEGION, erans of war-time service, voices its grave OFFICE OF THE NATIONAL COMMANDER, concerns about the commitment of U.S. PLEDGE OF ALLEGIANCE Armed Forces to Operation Allied force, un- Washington, DC, May 5, 1999. The SPEAKER. Will the gentleman The PRESIDENT, less the following conditions are fulfilled. The White House, That there be a clear statement by the from Pennsylvania (Mr. PITTS) come Washington, DC. President of why it is in our vital national forward and lead the House in the DEAR MR. PRESIDENT: The American Le- interests to be engaged in Operation Allied Pledge of Allegiance. gion, a wartime veterans organization of Force; Mr. PITTS led the Pledge of Alle- nearly three-million members, urges the im- Guidelines be established for the mission, giance as follows: mediate withdrawal of American troops par- including a clear exit strategy; That there be support of the mission by the I pledge allegiance to the Flag of the ticipating in ‘‘Operation Allied Force.’’ United States of America, and to the Repub- The National Executive Committee of The U.S. Congress and the American people; and lic for which it stands, one nation under God, American Legion, meeting in Indianapolis That it be made clear U.S. Forces will be indivisible, with liberty and justice for all. today, adopted Resolution 44, titled ‘‘The commanded only by U.S. officers whom we American Legion’s Statement on Yugo- acknowledge are superior military leaders; f and, be it further slavia.’’ This resolution was debated and EMERGENCY SUPPLEMENTAL adopted unanimously. Resolved, that, if the aforementioned condi- Mr. President, the United States Armed tions are not met, The American Legion APPROPRIATIONS ACT Forces should never be committed to war- calls upon the President and the Congress to (Mr. GIBBONS asked and was given time operations unless the following condi- withdraw American forces immediately from permission to address the House for 1 tions are fulfilled: Operation Allied Force; and, be it further That there be a clear statement by the Resolved, that The American Legion calls minute and to revise and extend his re- President of why it is in our vital national upon the Congress and the international marks.) interests to be engaged in hostilities; community to ease the suffering of the Mr. GIBBONS. Mr. Speaker, today I Guidelines be established for the mission, Kosovar refugees by providing necessary aid rise to urge my colleagues to support including a clear exit strategy; and assistance; and, be it finally the emergency supplemental bill be- That there be support of the mission by the Resolved, that The American Legion reaf- cause this vote will be the first step in U.S. Congress and the American people; and firms its unwavering admiration of, and sup- That it be made clear that U.S. Forces will putting this Nation’s military back on port for, our American men and women serv- its feet. be commanded only by U.S. officers whom ing in uniform throughout the world, and we we acknowledge are superior military lead- reaffirm our efforts to provide sufficient na- America’s military is today a hollow ers. tional assets to ensure their well being. force, due in fact to 14 years of con- It is the opinion of The American Legion, secutive cuts in defense spending while f which I am sure is shared by the majority of our military operations have increased Americans, that three of the above listed RECESS 300 percent. conditions have not been met in the current joint operations with NATO (‘‘Operation Al- The SPEAKER pro tempore (Mr. For example, Allied Force is the 33rd lied Force’’). PEASE). Pursuant to clause 12 of rule I, deployment of U.S. armed forces in the In no case should America commit its the Chair declares the House in recess last 9 years. Our military men and Armed Forces in the absence of clearly de- until 2 p.m. women should receive their doctorate fined objectives agreed upon by the U.S. Con- Accordingly (at 1 o’clock and 1 degrees in the school of ‘‘doing more gress in accordance with Article I, Section 8, minute p.m.), the House stood in recess and more with less and less.’’ of the Constitution of the United States. until 2 p.m. Mr. Speaker, I am proud that this Sincerely, Republican Congress has added to the HAROLD L. ‘‘BUTCH’’ MILLER, f National Commander. President’s defense budget for 4 b 1400 straight years and that the Committee NATIONAL EXECUTIVE COMMITTEE, THE AFTER RECESS on Armed Services, in a bipartisan AMERICAN LEGION, MAY 5, 1999 The recess having expired, the House manner, has had the foresight and the RESOLUTION NO. 44: THE AMERICAN LEGION was called to order by the Speaker at 2 will to address these shortfalls. STATEMENT ON YUGOSLAVIA p.m. But today is only the first step. Our Whereas, the President has committed the forces are stretched to the limit, am- f Armed Forces of the United States, in a joint munition supplies are depleted, train- operation with NATO (‘‘Operation Allied PRAYER ing funds are used to sustain real-world Force’’), to engage in hostilities in the Fed- eral Republic of Yugoslavia without clearly The Chaplain, Reverend James David contingencies, recruiting goals are not defining America’s vital national interests; Ford, D.D., offered the following pray- being met, and weapons procurement and er: has been delayed. Whereas, neither the President nor the We place before You, gracious God, A ‘‘yes’’ vote sends the right message Congress have defined America’s objectives the concerns of our hearts and souls. to our troops and to America’s enemies in what has become an open-ended conflict You have invited us to offer our pray- around the world that the American characterized by an ill-defined progressive military will be properly equipped, escalation; and ers for ourselves and others and You Whereas, it is obvious that an ill-planned have said that we can place our private properly trained, and ready. and massive commitment of U.S. resources petitions before You and seek Your Mr. Speaker, America’s security and could only lead to troops being killed, peace. With the confidence of Your our military men and women deserve wounded or captured without advancing any presence, O God, we utter our private no less. clear purpose, mission or objective; and feelings to You, expressing our hopes Whereas, the American people rightfully f and fears, our joys and sorrows, and support the ending of crimes and abuses by CHINA BUILDS SUPER MISSILE our faith for a new day. Bless our peti- the Federal Republic of Yugoslavia, and the USING AMERICAN SECRETS extending of humanitarian relief to the suf- tions and our prayers, O God, for it is fering people of the region; and in You that we place our trust. In Your (Mr. TRAFICANT asked and was Whereas, America should not commit re- name we pray. Amen. given permission to address the House sources to the prosecution of hostilities in f for 1 minute and to revise and extend the absence of clearly defined objectives his remarks.) agreed upon by the U.S. Congress in accord- THE JOURNAL Mr. TRAFICANT. Mr. Speaker, the ance with Article I Section 8 of the Constitu- The SPEAKER. The Chair has exam- news is China has built a super missile. tional of the United States; now, therefore, be it ined the Journal of the last day’s pro- The bad news is experts say the missile Resolved, by the National Executive Com- ceedings and announces to the House was built with American secrets and mittee of The American Legion in regular his approval thereof. American dollars.

VerDate jul 14 2003 14:24 Jan 13, 2005 Jkt 069102 PO 00000 Frm 00007 Fmt 0688 Sfmt 0634 E:\BR99\H18MY9.000 H18MY9 9922 CONGRESSIONAL RECORD—HOUSE May 18, 1999 Now, if that is not enough to grab prison camps, yet we know from eye- Mr. Speaker, those are not emer- our assets and threaten our liberty, witness accounts that these places of gencies, and worse, in that they are not when questioned, the White House said, death exist. Despite the fact that offset with other spending in other ‘‘no comment.’’ groups of people are brought to the parts of the budget. What it means is, Unbelievable, Mr. Speaker. China prison camps each day, the prison unlike the budget resolution which we steals our secrets and the only re- camp population remains the same. passed just a little over a month ago, sponse we get is ‘‘no comment.’’ Beam What happens to these prisoners? we are going to start taking money out me up. Mr. Speaker, these prison camps of the Social Security Trust Fund to It is time for a congressional inves- must be abolished without further fund some of these ‘‘emergencies.’’ tigation into this communist China death and destruction to the people in- Mr. Speaker, we are losing the battle business. It is time to pass the supple- side them. Our government must urge on the spending caps. We are losing the mental and make sure we have an ade- the North Korean government to cease battle on the Social Security Trust quate military, because we certainly these human rights violations. Fund. I hope that we are not going to have a super threat staring us right in f lose our ability to blush. the eye. TIME IS NOW TO REPEAL THE f With that, I yield back any backbone DEATH TAX CONTINUATION OF EMERGENCY we have left. (Mr. KNOLLENBERG asked and was WITH RESPECT TO BURMA—MES- f given permission to address the House SAGE FROM THE PRESIDENT OF FREEDOM AND DEMOCRACY FOR for 1 minute and to revise and extend THE UNITED STATES (H. DOC. ENSLAVED PEOPLE OF CUBA his remarks.) NO. 106–67) (Ms. ROS-LEHTINEN asked and was Mr. KNOLLENBERG. Mr. Speaker, it The Speaker pro tempore (Mr. MIL- given permission to address the House is time to repeal the death tax. LER of Florida) laid before the House Under the guise of making the rich for 1 minute and to revise and extend the following message from the Presi- pay their fair share, this unfair tax is her remarks.) dent of the United States; which was leading to the demise of small, family- Ms. ROS-LEHTINEN. Mr. Speaker, read and, together with the accom- owned businesses and the elimination tomorrow at 1 p.m. in Room 2200 of the panying papers, without objection, re- of good paying jobs. ferred to the Committee on Inter- Rayburn Building, the House of Rep- According to the Center for the national Relations and ordered to be resentatives will have a unique oppor- Study of Taxation, 70 percent of family printed. tunity to meet modern-day heroes. businesses do not survive through the Angel Cuadra, Carmen Arias, Alberto second generation and 87 percent can- To the Congress of the United States: Grau Sierra, and Ana Lazara Rodriquez not survive through the third. This is Section 202(d) of the National Emer- are men and women of principle, lovers because family members often must gencies Act (50 U.S.C. 1622(d)) provides of freedom and democracy, defenders of downsize, must liquidate, and some- for the automatic termination of a na- human and civil liberties. times sell the business outright to pay tional emergency unless, prior to the In Castro’s island prison, they risked the death taxes, which can reach as anniversary date of its declaration, the their freedom, their lives, to speak out high as 57 percent of the estate in ques- President publishes in the Federal Reg- against the inhumanity and brutal in- tion. ister and transmits to the Congress a justices that that regime imposes upon It also must be pointed out that the notice stating that the emergency is to the people of Cuba. They bring with death tax represents double and some- continue in effect beyond the anniver- them not only a message of hope about times triple taxation. While every sary date. In accordance with this pro- the Cuban people’s struggle against the American has a duty to pay taxes, it is vision, I have sent the enclosed notice cruel nature of the oppressive Castro simply wrong for the Federal Govern- to the Federal Register for publication, regime, but also a message from those ment to tax the same money time and stating that the emergency declared who still languish in Cuban jails for ex- time again. with respect to Burma is to continue in pressing their God-given rights as free Mr. Speaker, I have introduced a bill effect beyond May 20, 1999. human beings. to eliminate the Federal estate tax. As long as the Government of Burma I welcome all Members and visitors This bill will restore fairness to our continues its policies of committing to join us tomorrow at 1 p.m. in room Tax Code, protect family-owned busi- large-scale repression of the demo- 2200 of the Rayburn Building to listen nesses, and encourage saving and in- cratic opposition in Burma, this situa- to their testimonials and in rendering vestment. I urge my colleagues to sup- tion continues to pose an unusual and our support for their continuing strug- port it. extraordinary threat to the national gle for freedom and democracy for the security and foreign policy of the f enslaved people of Cuba. United States. For this reason, I have EMERGENCY SUPPLEMENTAL BILL f determined that it is necessary to (Mr. GUTKNECHT asked and was maintain in force these emergency au- HUMAN RIGHTS VIOLATIONS IN given permission to address the House thorities beyond May 20, 1999. NORTH KOREA for 1 minute and to revise and extend WILLIAM J. CLINTON. (Mr. PITTS asked and was given per- his remarks.) THE WHITE HOUSE, May 18, 1999. mission to address the House for 1 Mr. GUTKNECHT. Mr. Speaker, I be- f minute and to revise and extend his relieve it was Mark Twain who once ob- RECESS marks.) served that, of all of God’s creations, Mr. PITTS. Mr. Speaker, I rise today man is the only one who can blush, or The SPEAKER pro tempore. Pursu- to protest the horrifying human rights needs to. ant to clause 12 of rule I, the Chair de- violations in North Korea. I raise that issue today as we talk clares the House in recess until ap- I recently met with three courageous about the emergency supplemental proximately 5 p.m. individuals who escaped from prison spending bill. In this bill, my col- Accordingly (at 2 o’clock and 10 min- camps in North Korea. They describe leagues, there are emergencies such as utes p.m.), the House stood in recess prisoners being beaten, tortured, used $70 million for livestock assistance, in- until approximately 5 p.m. as targets for prison guards’ practice of cluding reindeer research. Now, maybe f martial arts, and forced to watch the that is appropriate underneath this b 1707 execution of ‘‘enemies of the state,’’ Christmas tree. There is $26 million such as peaceful religious believers. that is an emergency for Alaskan crab AFTER RECESS The government of the North Korea fishermen. There is $1.5 million to fill The recess having expired, the House will not discuss the existence of these the San Carlos Lake in Arizona. was called to order by the Speaker pro

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tempore (Mr. THORNBERRY) at 5 o’clock yield myself such time as I may con- ed in the Balkans through the end of and 7 minutes p.m. sume. During consideration of this res- the year 2000. Equally important, this change fol- f olution, all time yielded is for purposes of debate only. lows the longstanding tradition of pro- REPORT ON RESOLUTION PRO- Mr. Speaker, yesterday the Com- viding food aid through the Food for VIDING FOR CONSIDERATION OF mittee on Rules met and granted a rule Peace program, which is an established H.R. 1654, NATIONAL AERO- to provide for consideration of the con- channel that benefits America’s farm- NAUTICS AND SPACE ADMINIS- ference report to accompany H.R. 1141, ers. This program has proven to be the TRATION AUTHORIZATION ACT the Emergency Supplemental Appro- most effective way to provide the large OF 1999 priations Act for fiscal year 1999. The quantities of food essential to any re- Mr. REYNOLDS, from the Com- rule waives all points of order against lief effort. mittee on Rules, submitted a privi- the conference report and against its Including funding for PL–480 food aid leged report (Rept. No. 106–147) on the consideration. The rule also provides is an example of bipartisan leadership resolution (H. Res. 174) providing for that the conference report shall be con- at its best, and I am particularly grate- consideration of the bill (H.R. 1654) to sidered as read. ful to the gentlewoman from Missouri authorize appropriations for the Na- Mr. Speaker, House Resolution 173 (Mrs. EMERSON), the gentlewoman from tional Aeronautics and Space Adminis- should not be controversial. It is a nor- New Jersey (Mrs. ROUKEMA), the gen- tration for fiscal years 2000, 2001, and mal conference report rule, allowing tlewoman from California (Ms. PELOSI), 2002, and for other purposes, which was for timely consideration of the emer- the gentleman from New Mexico (Mr. referred to the House Calendar and or- gency supplemental bill. SKEEN), the gentleman from Alabama (Mr. CALLAHAN), the gentleman from dered to be printed. While I suspect that many of us will have strong opinions about the under- Virginia (Mr. WOLF), and the gen- f lying spending bill, let us pass this rule tleman from Wisconsin (Mr. OBEY). REPORT ON RESOLUTION PRO- and have the debate on the floor. The measure also includes $2.2 billion VIDING FOR CONSIDERATION OF I urge my colleagues to support this for enhancing military operations and H.R. 1553, NATIONAL WEATHER rule, Mr. Speaker, and I reserve the maintenance, and this will improve the SERVICE AND RELATED AGEN- balance of my time. readiness of our armed services. I am concerned about some of the off- CIES AUTHORIZATION ACT OF Mr. HALL of Ohio. Mr. Speaker, I sets for nonemergency spending. The 1999 yield myself such time as I may con- offsets include cuts in food stamps and sume. Mr. REYNOLDS, from the Com- Section 8 housing for low-income indi- Mr. Speaker, as my colleague has de- mittee on Rules, submitted a privi- viduals. Also, I regret that the con- scribed, this rule waives all points of leged report (Rept. No. 106–148) on the ferees rejected a Senate proposal to in- order against the conference report to resolution (H. Res. 175) providing for clude funding to pay the money the accompany H.R. 1141, which is the the consideration of the bill (H.R. 1553) U.S. owes to the United Nations for Emergency Supplemental Appropria- to authorize appropriations for fiscal back dues. I think it is a disgrace that tion Act for fiscal year 1999. year 2000 and fiscal year 2001 for the our Nation has not paid our debt to the The measure appropriates $15 billion National Weather Service, Atmos- U.N., and this bill would have been a for military operations in Kosovo and pheric Research, and National Environ- good vehicle to include that payment. mental Satellite, Data and Information other defense spending, humanitarian On the whole, the conference report Service activities of the National Oce- assistance to refugees and misplaced represents a good compromise, and I anic and Atmospheric Administration, persons in the Balkans, hurricane-re- say that in a good way. It is much bet- and for other purposes, which was related relief in Central America and the ter than the House-passed version, and ferred to the House Calendar and or- Caribbean, aid to the country of Jor- I intend to support it. Though the dered to be printed. dan, assistance to U.S. farmers hurt by measure under consideration is by no low commodity prices, tornado victims f means ordinary, this is the standard in Oklahoma, Kansas, and for other rule for conference reports. WAIVING POINTS OF ORDER purposes. Mr. Speaker, I reserve the balance of AGAINST CONFERENCE REPORT Most of the spending is considered my time. ON H.R. 1141, 1999 EMERGENCY emergency, and therefore is not offset Mrs. MYRICK. Mr. Speaker, I yield 2 SUPPLEMENTAL APPROPRIA- by spending cuts in other programs. minutes to the gentleman from Florida TIONS ACT Mr. Speaker, there is something for (Mr. DIAZ-BALART). everyone in this massive spending bill. Mrs. MYRICK. Mr. Speaker, by direc- Mr. DIAZ-BALART. Mr. Speaker, I If Members like the bill, they can find tion of the Committee on Rules, I call thank my distinguished colleague for critical programs that are funded. If up House Resolution 173 and ask for its yielding time to me. they do not like the bill, they can find immediate consideration. Mr. Speaker, this supplemental ap- wasteful spending and harmful cuts. The Clerk read the resolution, as fol- propriations conference report contains I am particularly pleased with the lows: critically needed resources for our refugee relief and humanitarian assist- armed forces to assure that they con- H. RES. 173 ance provided by the measure. The continue unchallenged as the finest fight- Resolved, That upon adoption of this reso- ference agreement includes $1.1 billion ing force in the world for the protec- lution it shall be in order to consider the for international assistance programs, tion of the people and the freedom of conference report to accompany the bill refugee resettlement, and State De- (H.R. 1141) making emergency supplemental the people of the United States. appropriations for the fiscal year ending partment funding. This is more than 60 Mr. Speaker, the conference report, September 30, 1999, and for other purposes. percent above the level approved by the among other things, contains aid for All points of order against the conference re- House. America’s farmers, and it contains hu- port and against its consideration are I am grateful to the conferees for in- manitarian and development assist- waived. The conference report shall be concluding $149.2 million in food assistance ance for our neighbors in Central sidered as read. to refugees and misplaced persons in America who suffered the recent nat- The SPEAKER pro tempore. The gen- the Balkans through the PL–480 Food ural disaster known as Hurricane tlewoman from North Carolina (Mrs. for Peace program. Failure to include Mitch. MYRICK) is recognized for 1 hour. money for this program was a serious I think, Mr. Speaker, this Congress Mrs. MYRICK. Mr. Speaker, for pur- omission, and I am glad that this has today makes a clear demonstration of poses of debate only, I yield the cus- been corrected in the conference com- solidarity with and concern for the tomary 30 minutes to the gentleman mittee. These funds will ensure Amer- well-being of our friends and neighbors from Ohio (Mr. HALL), pending which I ica provides its share of the food need- in Central America.

VerDate jul 14 2003 14:24 Jan 13, 2005 Jkt 069102 PO 00000 Frm 00009 Fmt 0688 Sfmt 0634 E:\BR99\H18MY9.000 H18MY9 9924 CONGRESSIONAL RECORD—HOUSE May 18, 1999 I wish at this point to thank all of service program in 1998. This is a nutri- them with this aid and to stop pro- those who have worked to make this a tion program for low-income children longing their suffering. reality, especially the gentleman from in the summertime. These sponsors Supporting this measure is not only Illinois (Speaker HASTERT), the gen- cited welfare reform cuts in meal dis- beneficial to Central America but to tleman from Florida (Chairman BILL bursement rates that Congress insti- the greater economic stability and YOUNG), the gentleman from Alabama tuted among the principal reasons. So prosperity of our hemisphere. (Mr. CALLAHAN), and all of the congres- there are going to be children this sum- Under the leadership of the gen- sional leaders who have made this day mer who do not have food programs. tleman from Florida (Mr. YOUNG) with possible. This is money that is being cut from this measure, Mr. Speaker, we are help- It is a day in the best tradition of the the food stamp program in order to ing both American farmers and our generosity of the American people, and fund this. American troops as well as storm vic- I rise to support the rule, as well as the What if the American people knew tims here in the U.S. and in Central underlying legislation. some of the things that were being America. I urge my colleagues to adopt this measure today. b 1715 funded in this program; that in this supplemental emergency bill, there is Mr. HALL of Ohio. Mr. Speaker, I Mr. HALL of Ohio. Mr. Speaker, I $5 billion in defense spending above the yield 21⁄2 minutes to the gentleman yield 4 minutes to the gentlewoman President’s request, $26 million for from Ohio (Mr. KUCINICH). from Illinois (Ms. SCHAKOWSKY). Alaska fishermen to compensate for Mr. KUCINICH. Mr. Speaker, this Ms. SCHAKOWSKY. Mr. Speaker, the Federal fishing restrictions, $3.7 mil- rule would authorize a resolution that gentleman from Florida (Mr. YOUNG), lion to renovate homes for congres- asks for money to support an chairman of the Committee on Appro- sional pages, $3 million for commercial undeclared war. It would appropriate priations, said, ‘‘This $15 billion bill is reindeer ranchers, $2.2 million for sew- money for bombs, yet Congress has about helping people: American farmers in Salt Lake City for the Olympics, voted against the bombing. It appro- ers, American troops, storm victims $30 million for renovations to D.C. area priates money for ground troops, yet here in the United States and in Cen- airports, $422 million above the Presi- Congress opposes the use of troops in tral America; and Balkan refugees will dent’s request for farmers crippled by Kosovo. all immediately benefit from passage low prices. It contains provisions that will en- of this essential aid package.’’ This is a piece of legislation that has able the prosecution of a wide war These are all laudable goals, and I many needed things and many things against the Federal Republic of Yugo- support that. But I want to make the that we do not need and does create an slavia, even though Congress has ex- point that this $15 billion emergency emergency for our hungry and home- pressly voted not to declare war. This spending bill also creates an emer- less people in need of housing and food war is without constitutional author- gency for the most vulnerable people right here at home. ization, and it is losing its moral au- right here at home. For those who are Mrs. MYRICK. Mr. Speaker, I yield 2 thority as well. hungry and homeless right here at minutes to the gentlewoman from In the name of helping the refugees, home, this bill is a disaster. Florida (Ms. ROS-LEHTINEN). NATO has bombed refugee convoys. What if the American people knew Ms. ROS-LEHTINEN. Mr. Speaker, I From the Los Angeles Times a few that, in order to fund these laudable thank the gentlewoman from Ohio for days ago, I quote: ‘‘Many of the refu- goals and a bunch of other things in yielding me this time. gees in Korisa were asleep when explo- the bill, that we had to cut programs Mr. Speaker, as we watch the devel- sions sprayed shrapnel and flames ev- for the hungry and homeless and those oping human catastrophe taking place erywhere, survivors said. Mattresses who are in need of subsidized housing? in the Balkans on our television sets left behind in covered wagons and in The bill cuts $350 million from the night after night, we must not forget the dirt underneath were soaked with Housing and Urban Development Sec- that in our own hemisphere our neigh- blood. tion 8 housing program. The HUD says bors in Central America have under- ‘‘At least a dozen children were that the loss of this money could cre- gone a humanitarian crisis of their among the dead. An infant buttoned up ate the displacement of approximately own, one caused by a hurricane which in terry cloth sleepers lay among the 60,000 families right here at home. ravaged homes and wiped out entire corpses that filled the local morgue. We are worried, of course we are, communities. ‘‘Another child was incinerated in a about the displacement of people in More than 6 months after Hurricane fire that swept through the camp. The Kosovo. We should be. But we also need Mitch swept through Central America, child’s carbonized body was still lying to worry about the possible displace- the region is still waiting for the on the ground Friday morning beside ment of 60,000 families right here at much-needed funds to rebuild their in- that of an adult, in the middle of a tan- home because of this. It creates a frastructure and to start healing the gle of farmers’ tractors and wagons longer waiting list of people who need wounds that the hurricane left long that were still burning 12 hours after subsidized housing and increases the after the rains and the floods have the attack.’’ number of families in need who are un- stopped. NATO and the United States have derserved right here at home. But today we have an opportunity to been bombing villages to save villages. What if the American people knew end their suffering, to help revitalize NATO and this country have bombed that this bill cuts $1.25 billion from the the economies of our neighbors to the passenger trains, buses, an embassy, food stamp program? I am told that south, to give children back their factories, office buildings. Cluster this money is not being spent. Does schools, families back their homes and bombs are raining down and maiming that mean that there are not hungry their churches, communities back their and killing countless children. people right here? No. sense of normalcy. The funds are not a Today we are being asked to pay for In a 1999 survey of U.S. food banks, a handout. They are a helping hand to the bills for this war. We ought to put report released in March by the gen- those who have suffered almost insur- a stop payment on the checks which tleman from Ohio (Mr. HALL), we dis- mountable hardships. will be used to kill innocent civilians covered that 87 percent of the food My district in south Florida has ex- and to wage an undeclared war. We banks surveyed indicated that requests perienced the disastrous effects of a ought to stop the bombing and nego- were up in the last year. On average, hurricane. It is not an easy task to re- tiate a withdrawal of Serbian troops requests for food assistance outstripped build, even less so for those who have and stop the KLA’s military activities. food available by 22 percent. limited resources on hand. It is within We need an international peace- The Midwest Antihunger Network re- our power and it is indeed our duty and keeping force in Kosovo as a product of ports that, in Illinois, that there is a responsibility as brothers and sisters in a peace agreement. We need to rebuild drop of 15 sponsors of the summer food the greater hemispheric family to help the province. Our government should

VerDate jul 14 2003 14:24 Jan 13, 2005 Jkt 069102 PO 00000 Frm 00010 Fmt 0688 Sfmt 0634 E:\BR99\H18MY9.000 H18MY9 May 18, 1999 CONGRESSIONAL RECORD—HOUSE 9925 work as vigorously for peace as it does fense and got little thanks for it. Now the Senate, although the Speaker and to prosecute a war. This war is rapidly that the Cold War is over, they insist the chairman of the Committee on Ap- becoming a debacle that rivals Viet- that we spend tens of billions of dollars propriations and the subcommittee nam itself. more for their stability and that we chairman worked very hard to take out We need to stand up and speak out must reaffirm our commitment, a very some of the pork and some of the rid- against this war and ask good thinking expensive commitment to their secu- ers, they did not. people everywhere to keep the con- rity for decades to come. b 1730 sciousness of peace alive and keep We have done our part for NATO. We working for peace. The people in the have done our part for Europe. Let us And the facts are we have some envi- State Department ought to hear that have the Europeans step forward and ronmental riders in this bill that are message first. carry their own load rather than tak- almost beyond our imagination that Mrs. MYRICK. Mr. Speaker, I yield 5 ing it out of the hide of the American they are in the bill. There are three en- minutes to the gentleman from Cali- people. vironmental riders, and I think it is fornia (Mr. ROHRABACHER). I have no doubt that the Serbs are important for our colleagues to know Mr. ROHRABACHER. Mr. Speaker, I committing the crimes against the that they are in the bill. rise in support of the rule, but in oppo- people of Kosovo that are claimed. One repeals the Mining Act of 1872 sition to the emergency supplemental Long ago we should have armed free- and effectively lets open-pit mines appropriation. dom-loving and democracy-loving take their waste and put it on our Fed- The President came to us and prom- Kosovars so they can defend them- eral land. So we are talking about sev- ised if we approved his plan for Bosnia selves as Ronald Reagan did with the eral hundred acres of pristine Federal that American participation in the op- Afghans. land with toxic waste from open-pit eration would last a year and cost Instead of giving into the demands of mines. It is incredible, it is almost be- about $1 billion. That was nearly 4 our European buddies, we are now car- yond the straight-face test that that is years ago and $10 billion ago. rying the full load. We have given into in fact what this legislation does. But The gentleman from Texas (Mr. the demands of our European friends, that is exactly what this legislation ARMEY), who I often quote, has said does. that the definition of insanity is doing and we end up carrying the full load, leading the fight, emptying our Treas- Another thing that it does is it stops the same thing over and over again but hard mining regulations which would expecting different results. Well, today ury, and recklessly putting our own forces in other parts of the world in have required bonding for open-pit we are being asked to drop more tax mines, so that when they do not clean dollars down this bottomless pit. It jeopardy. Mr. Speaker, I ask my colleagues not up their mess, it cannot get cleaned up. will lead to tens of billions of dollars The third environmental rider deals more being similarly dumped into the to associate themselves with this irrational and risky strategy, this expen- with oil royalties. All of us know that Balkans. this is going on. On Federal land there Those voting for this bill should real- sive strategy that is draining our is a 12-percent royalty that is supposed ize their fingerprints will be all over Treasury. Do not be blackmailed into to be paid. And what is being done is this ongoing and misguided commit- supporting this poorly conceived Bal- there is a gaming of the system, that ment. Do not kid yourselves. In the kan operation, this undeclared war. end, tens of billions of dollars will be The issues of plussing up our mili- companies are charging their subsidi- spent in the Balkans, and it will come tary should be separate from this wast- aries a price one-tenth of the actual right out of the hide of Social Security ing of even more of limited defense dol- price, eliminating 90 percent of the tax. and Medicare reform, right out of any lars on such an adventure as we see In effect, we will be saving a hundred effort to modestly reduce the tax bur- down in the Balkans. million dollars of their money but cost- den on our people, and right out of the Vote against this emergency supple- ing us a hundred million dollars of our hide of our military personnel who are mental. Send a message to our Euro- money. being put at risk in other areas of the pean allies. We have carried their bur- These riders ought to be taken out of world where our national security in- den for too long. Yes, they deserve to the bill. We will have that opportunity terests are at stake, those military be applauded for their emotional pleas in a motion to recommit later on this personnel who are currently being that something must be done, but let evening. stretched to the point of exhaustion. them do it. Mr. Speaker, I yield to my colleague, Perhaps the most distasteful part of Why is it up to the United States to the gentleman from the State of Wash- what we are doing today is that, in always lead the charge, to empty our ington (Mr. INSLEE). order to get even limited help to our Treasury, to put our people at risk? Mr. INSLEE. Mr. Speaker, there are vulnerable defenders, we are being told This is not a case of a dichotomy of ei- some things wrong with this bill, but that we must provide $6 billion more ther doing nothing and watching the there are other things that are rotten for a military operation that is ques- Kosovars go under or sending our about this bill. What are rotten about tionable at best. troops in and spending $50 billion. this bill is, under the cover of dark- Even the money that we originally No, we could have helped the ness, conferees, folks from the other voted for in this House that was sup- Kosovars, or the other option is let the chamber, are attempting to shove down posed to be aimed at improving the Europeans take care of the problem in our throats measures that would never overall plight of America’s military we their own backyard. This is the respon- pass the laugh test, the straight-face now find has been reduced to $4.5 bil- sible position. It is irresponsible for us test, on the floor of this House. lion, which includes projects that have to continue spending limited defense Individuals have a thing called the nothing to do with our national secu- dollars, stretching our troops out to gag reflex: When they put something rity or improving the lot of our troops the point that they are vulnerable ev- down our throats, we can gag on it. and their families. erywhere, and just taking it out of the And the House of Representatives Military plus-up dollars will be spent, hide of the American people. I ask for ought to stand up and gag on these among other things, on naval bases in this emergency supplemental to be de- last-minute subterfuges to try to go Portugal, barracks and tank washes in feated. backwards on the environment. And we Germany, and base improvements Mr. HALL of Ohio. Mr. Speaker, I will have our chance to do that. throughout Europe. In other words, it yield 4 minutes to the gentleman from I just wanted to alert other Members, is being spent to keep us mired in Eu- Florida (Mr. DEUTSCH). this afternoon we will have a motion to rope’s problems and paying for Eu- Mr. DEUTSCH. Mr. Speaker, no bill recommit, to strip this bill of the envi- rope’s defense. is perfect, as we all know, but this bill ronmental degradation that would go We have been suckered in again. For is less than perfect. This House passed on with it, to make sure we can pass a decades we have provided Europe’s de- a much cleaner bill. Our colleagues in clean bill. And we are going to do that

VerDate jul 14 2003 14:24 Jan 13, 2005 Jkt 069102 PO 00000 Frm 00011 Fmt 0688 Sfmt 0634 E:\BR99\H18MY9.000 H18MY9 9926 CONGRESSIONAL RECORD—HOUSE May 18, 1999 24 hours later after we pass this motion make any sense. So in order to get first rider would permit the unsound to recommit. enough votes to pass the bill, of course mining practices to go forward not just I want to say, if my colleagues go out we put a little bit of extras on there to in the State of Washington but allows and talk to their constituents about satisfy some special interests in order similar practices throughout the mining, and when they ask them do to get some more votes. United States until the end of the year. they think we should go forward on But the real principle here today And for the third time in 3 years are mining reform or backward, they will that we are voting on is whether or not riders included which delays implemen- certainly say we should not go back- we are going to fund an illegal, uncon- tation of the Bureau of Land Manage- ward, we should go forward. stitutional war. It does not follow the ment’s new mining regulations. And on hard rock mining? On the rules of our Constitution. It does not I strongly urge that we oppose this Mining Act of 1872, these provisions do follow the rules of the United Nations legislation and move to support the not take a small step backward, they Treaty. It does not follow the NATO motion to recommit. take a giant leap backward. That is Treaty. And here we are just permit- Mrs. MYRICK. Mr. Speaker, I yield 2 why we ought to recommit and pass a ting it, endorsing it but further fund- minutes to the gentleman from South clean bill. I want to reiterate, this ing it. This does not make any sense. Carolina (Mr. SANFORD). chamber and the other chamber can do We have to finally say, ‘‘enough is Mr. SANFORD. Mr. Speaker, I rise in that very quickly. enough.’’ This is how we get into trou- ambivalence toward the rule but in It would be a travesty for people, in ble. This is how we make mistakes. strong opposition to the supplemental their zeal to hand out special-interest And every day we hear of another mis- itself. favors against the environment, to take and apologies being made, inno- Because my dad used to have a say- take camouflage behind our troops in cent people dying. We should not vote ing, and that was that ‘‘the road to hell the field to try to pass this. That would for this supplemental funding. is paved with good intentions.’’ And I indeed be a sad day in the House of Mr. HALL of Ohio. Mr. Speaker, I think that that fairly well sums up Representatives. yield 2 minutes to the gentleman from this supplemental, because it may have Let us go forward on the environ- Oregon (Mr. BLUMENAUER). the best of intentions in a whole lot of ment, not backward. Let us go forward Mr. BLUMENAUER. Mr. Speaker, I different areas within the government, on mining reform, not backward. Let thank the gentleman for yielding me but it is most certainly the road to hell us stand up for people and the troops. the time. in saving Social Security. Pass our motion to recommit, and then It is a sad day when, regardless of our I mean, last fall we spent $20 billion pass the clean bill 24 hours later. feelings about the tragedy in Latin on an ‘‘emergency basis.’’ Now we find Mrs. MYRICK. Mr. Speaker, I yield 2 America and the continuing carnage in ourselves about to spend another $13 minutes to the gentleman from Texas the Balkans, that the price that we billion on this ‘‘emergency basis.’’ (Mr. PAUL). have to pay on the floor of this House That is $33 billion sucked out of my Mr. PAUL. Mr. Speaker, I thank the is to inflict damage on the American kids’ Social Security account. So I gentlewoman for yielding me the time. taxpayer and the landscape. think we really are on the road to hell Mr. Speaker, I rise in support of the There has been certain reference to with these ‘‘emergency bills’’ because rule but in strong opposition to the the mining law of 1872, which has been they are coming out of one pot and supplemental appropriation. an enormous waste of taxpayer dollars. that is the Social Security pot. The President came to us and asked Since that law was enacted, the United Now, leaving aside the fact that it us to fund the NATO war, asked for $7.9 States Government has given away al- has got a lot of strange stuff in it, billion, but we in the conservative Con- most $250 billion in mineral reserves. whether it is $2.2 million for a sewer gress have decided that not only would In addition to robbing the Treasury, for the winter Olympics, $3 million to we give it to him, but we would bump poorly managed mining operations redo dormitories, $100,000 for a YMCA that up to $15 billion, which does not have severely and permanently dam- down in Southern California, $330,000 make a whole lot of sense, especially if aged public land. It is estimated the for the minority leader and the major- Congress has spoken out on what they cost of cleaning up these polluted ity whip, $25,000 for the chief deputy think of the war. mines in the United States is between whips to the Republican and Democrat And Congress has. We have had sev- $32 billion and $72 billion, costs that parties, a lot of stuff that is by no eral votes already. We have voted and will not be paid by those who profited means emergency. said that we did not think that ground from the mining operations. What I think we need to take from troops should be sent in. And most Finally, the Department of the Inte- this thing is a lesson; and that is, if military people tell us that the only rior, not the Members of Congress, are this same $33 billion was in individual way we are going to win the war is attempting to correct some of the accounts across this country, in indi- with ground troops. So we have taken a flaws in the mining policy, as Interior vidual Social Security accounts across strong position. We have had a chance recently has denied an application for this country, then Washington came up to vote on declaration of war and make mining operations in the State of short for the YMCA down in Southern a decision one way or the other. We Washington which sought to dump tons California, or who knows what, and have strongly said we are not going to of toxic waste on public land. This de- wanted to take that money out of that declare war. nial relied on a previously unused sec- account, I think people would go ber- We have spoken out on the air war. tion of the 1872 mining law and could serk. We did not even endorse the air war. be applied to mining operations across I think we have really got to look at And the President has spent a lot of this country. creating some kind of real firewall be- money. They are hoping to get a lot of In addition, the Bureau of Land Man- tween people’s Social Security money this money back from the European agement has been attempting for the and political forces in D.C. Because, if nations, but all that makes us are pro- past 3 years to promulgate new mining not, we are going to continue to go the fessional mercenaries fighting wars for regulations that would address modern way these supplemental bills are going. other people, which I do not agree mining practices, impose meaningful Mr. HALL of Ohio. Mr. Speaker, I with. environmental standards, and help pro- yield 4 minutes to the gentleman from But here we are getting ready to fund tect taxpayers from the cost of clean- Texas (Mr. DOGGETT). Europe, fund a war that is undeclared. ing up abandoned mines. Mr. DOGGETT. Mr. Speaker, cer- It does not make any sense. We are giv- I am appalled that the legislation be- tainly there are many sorry provisions ing more money to the President than fore us today to deal with disaster rein this conference report. It is hard to he asked for in a war that cannot be lief contains environmental riders really concentrate on just one or two won and a war that we are not even de- which would prevent us from cleaning of them. But it seems to me the one termined to fight. It just does not up mining in the United States. The that has gotten attention from several

VerDate jul 14 2003 14:24 Jan 13, 2005 Jkt 069102 PO 00000 Frm 00012 Fmt 0688 Sfmt 0634 E:\BR99\H18MY9.000 H18MY9 May 18, 1999 CONGRESSIONAL RECORD—HOUSE 9927 speakers because of its very adverse en- I do not believe that the money pro- Let me just say, Mr. Speaker, the vironmental consequences, the crown vided to the military in this bill could President asked for $7.2 billion for both jewel open-pit gold mine, is appro- be spent for purposes in Yugoslavia be- of the supplementals. This is almost priately placed in this bill. tween now and September 30 if they $15 billion. Members have thrown in ev- The problem is that those who are were dropping it out in bails over Bel- erything but the kitchen sink. The supporting this conference report view grade each night. American taxpayers are tired of this the Social Security surplus as the b 1745 kind of programming, this kind of leg- crown jewel open-pit gold mine to fund islating. You ought to be ashamed of whatever it is they want to fund. This No, it funds things like libraries in yourselves. We cannot move forward bill has very little to do with busting Germany, a dormitory in the District with this mess. It is outrageous and we of Columbia, a road in Bahrain, ATMs Belgrade and a great deal to do with should not want this on our records. on ships, things that have nothing to bursting the budget. Mr. Speaker, I support disaster relief for the do with the emergency situation we Keep in mind that well over $10 bil- people of Central America and the Caribbean; face in Yugoslavia, all designed to per- lion in this proposal is paid for directly this assistance is long overdue. I support fund- mit a raid on the Social Security sur- out of the Social Security surplus. This ing for our troops in Kosovo. I also support full plus rather than to meet the legitimate is the same surplus which the Repub- funding for Census 2000. Nevertheless, I must needs of our military in the Balkans. lican leadership was planning to come oppose H.R. 1141, the Emergency Supple- to the floor this week and lock up in a I believe that it was a former member of the Committee on Appropria- mental Appropriations Act for fiscal year 1999. lockbox. Well, they were ashamed to This supplemental bill includes a $1.25 bil- come out the same week that they are tions who said, ‘‘Every emergency is an opportunity.’’ Certainly there are lion cut in food stamp funding, a $350 million turning on the spigot on the Social Se- cut in the Section 8 affordable housing pro- curity surplus, because that is just ex- those who found great opportunity to deal with many other subjects here. gram and a $22.4 million cut in unemployment actly what is happening here when we insurance programs. These harmful cuts target drain out for short-term, allegedly But when all is said and done, it is the taxpayer who must pick up the tab, the most vulnerable segments of our nation’s emergency purposes the Social Secu- population, and they will cause tremendous rity surplus to pay for things that and in this case it is the Social Secu- rity surplus that must feel the pinch. suffering to numerous low-income Americans. ought not to be paid for by the next The food stamp cut in this bill is unprece- generation. Mr. HALL of Ohio. Mr. Speaker, I 1 dented and immoral. Excess funds provided to In this particular proposal that we yield 2 ⁄2 minutes to the gentlewoman the food stamp program has always been are considering, the Republican Con- from California (Ms. WATERS). used for other nutrition programs; they have gressional Budget Office only within Ms. WATERS. Mr. Speaker, I support never been transferred to non-nutrition pro- the last month told us what it would disaster relief for the people of Central grams. The proposed cut in food stamp fund- take to fund this war. They said $600 America and the Caribbean. This as- ing would take food away from hungry people million in the initial phase and about a sistance is long overdue. I support billion dollars per month to sustain an funding for our troops in Kosovo. I also and set a dangerous precedent for using nutri- air campaign. Supposedly in this emer- support full funding for Census 2000. tion assistance as a budgetary offset. I am also deeply concerned about the $350 gency appropriation we would fund Nevertheless, I must oppose H.R. 1141, million cut in the Section 8 affordable housing those appropriations necessary to the Emergency Supplemental Appro- carry us to September 30, when the reg- priations Act for Fiscal Year 1999. This program, which provides housing assistance ular appropriations bill would come supplemental bill includes a $1.25 bil- to poor and elderly people, including many of into play. lion cut in food stamp funding, a $350 our nation’s veterans. According to the Depart- How did that amount of money get million cut in the Section 8 affordable ment of Housing and Urban Development, this blown into almost $15 billion of money? housing program, and a $22.4 million rescission will result in a loss of subsidy for In the way this Congress seems to oper- cut in unemployment insurance pro- approximately 60,000 families and exacerbate ate, too often Republicans said that grams. These harmful cuts target the the current waiting list problem, on which they did not like this war, they were most vulnerable sections of our Na- many families must wait months or years to proud to vote against the President on tion’s population. And they will cause receive the housing assistance they so des- this war. Well, I have to tell my col- tremendous suffering to numerous low- perately need. The rescission could also dis- leagues, if these generous folks give income Americans. The food stamp cut rupt the Section 8 program and cause many this much to a war that they do not in this bill is unprecedented and im- landlords to opt out of the program altogether. like, heaven protect the taxpayer from moral. Excess funds provided to the Supporters of these rescissions claim that one that they do like. food stamp program have always been the funds being cut from housing assistance, I think that we do need to provide used for other nutrition programs. food stamps and unemployment insurance will reasonable humanitarian relief, we They have never been transferred to probably not be used during this fiscal year. If need to provide our young men and nonnutrition programs. The proposed this is the case, the money can be rescinded women in the Balkans with whatever cut in food stamp funding would take at the end of the fiscal year or used to fund they need to protect themselves and to away food from hungry people and set housing, nutrition and unemployment pro- carry out their mission, whatever that a dangerous precedent for using nutri- grams for fiscal year 2000. may be. But let us be very clear that tional assistance as a budgetary offset. We know there are unemployed, hungry and the billions of dollars that are the price I am also deeply concerned about the homeless people in America today who have tag of this bill do not have anything to $350 million cut in the Section 8 afford- been left behind despite recent economic do with securing our military position able housing program, which provides growth. If the funds Congress has provided for in Yugoslavia. They may have some- housing assistance to poor and elderly these people are not reaching them, it stands thing to do with securing the position people, including many of our Nation’s to reason that we should improve the outreach of some of the Members of this Con- veterans. According to the Department of the programs, not cut their funding. gress. of Housing and Urban Development, H.R. 1141 is supposed to be an emergency Under the Republican leadership, this this rescission will result in a loss of spending bill. Emergency spending bills are Congress in the last 4 years has voted subsidy for approximately 60,000 fami- not subject to budgetary spending caps and to provide the Pentagon with $27 bil- lies and exacerbate the current waiting should not require any offsets at all. lion more than it requested, and yet list problem on which many families The Republicans have been blatantly incon- only 14 percent of those unrequested must wait months or years to receive sistent on the subject of offsets in emergency monies went for readiness rather than the housing assistance they so des- spending bills and they have needlessly politi- for pork. And so if there has been any perately need. The rescission could also cized the appropriations process. First they in- emergency created here on readiness, it disrupt the Section 8 program and cluded offsets in H.R. 1141, which was origi- has been by the priorities of a Congress cause many landlords to opt out of the nally a bill to provide disaster relief to the vic- led by Republicans for the last 4 years. program altogether. tims of Hurricane Mitch in Central America

VerDate jul 14 2003 14:24 Jan 13, 2005 Jkt 069102 PO 00000 Frm 00013 Fmt 0688 Sfmt 9920 E:\BR99\H18MY9.000 H18MY9 9928 CONGRESSIONAL RECORD—HOUSE May 18, 1999 and the Caribbean. Then they included billions that the bill contains vitally needed Turkey and cotton prices are down twenty- of dollars in non-emergency defense spending funding for domestic farm aid and I three percent, since 1996. but no offsets in H.R. 1664, the Kosovo sup- along with others from rural America In fact, Mr. Speaker, there is no commodity plemental bill. Now they have combined these have pleaded with Congress to provide in North Carolina that makes money for farm- two contradictory approaches and included a these funds for months. This vitally ers. whole new set of offsets at the expense of the needed farm aid is well overdue. The The conference report also includes lan- poorest people in America. If the Republicans operating funds for the Farm Service guage that prohibits the Federal Government would stop loading emergency spending bills Agency are vital and will help that from recovering part of the tobacco settlement with non-emergency projects, they would not agency to help farmers. reached by the states. need to worry about offsets. Mr. Speaker, small farmers are hav- In addition, it includes language permitting I strongly support the extension of funding ing a difficult time, struggling to sur- the states to use this money, without restric- for the Commerce, State and Justice Depart- vive in America. Most are losing tion. ments and the federal court system through money and fighting to stay in the Those are important provisions for my state. September 30, 1999, which is contained in farming business. In North Carolina, So, it is with great reluctance that I oppose this supplemental appropriations bill. Without hogs, the State’s top farm commodity, this conference report. this extension, the Commerce, State and Jus- have experienced a 50 percent drop. Yet, despite my reluctance, I am firm in my tice Departments and the federal court system Wheat is down 42 percent. Soybeans are opposition. could be shut down completely for the remain- down 36 percent. I can go on and on. In I am firm in my opposition because the con- fact, Mr. Speaker, there is no com- der of the fiscal year. However, if the Repub- ference report contains undue and unneces- modity that is making money for farm- lican majority had fulfilled its responsibility to sary offsets. ers in my State. The offsets are undue because the funds appropriate the funds that were necessary to The conference report includes lan- being taken away as offsets are critically operate these departments last year, the Re- guage that prohibits the Federal Gov- needed funds. publicans would not have needed to include ernment from using the tax settle- The offsets are unnecessary because this is this extension in an emergency spending bill. ment. That is important to my State. an Emergency Supplemental, seeking to ad- I urge my colleagues to vote against the So it is with great reluctance that I op- Emergency Supplemental Appropriations Act pose this conference report. Yet in dress true emergencies, and therefore, no off- and oppose the disastrous offsets, which spite of my reluctance, I am firm in my set is required. could cause tremendous harm to poor, hungry opposition. I am firm in my opposition The offsets are particularly onerous because and unemployed people throughout the United to this conference report because it they take $1.25 billion from the Food Stamp States. contains undue and unnecessary off- Program. Mr. HALL of Ohio. Mr. Speaker, I sets. The offsets are undue because the By this deed, the report fails to recognize yield 1 minute to the gentleman from funds being taken away are critically that hunger in America is more than just a Oregon (Mr. DEFAZIO). needed. The offsets are unnecessary be- word. Mr. DEFAZIO. Mr. Speaker, I thank cause this is an emergency supple- Many of our citizens, including many chil- the gentleman for yielding me this mental seeking to address true emer- dren, still live without proper nutrition and suffi- time. Congress has failed to authorize gencies. Therefore, no offset is re- cient food. the ongoing war in Kosovo but the quired. The offset is particularly oner- The offsets also include $350 million from House and Senate Republican leaders ous because it takes $1.25 billion from the Section 8 Housing Program. And, in what are happy enough to see the Presi- food stamps. It takes food stamps. It seems to be a contradiction, the offsets in- dent’s $7 billion request for emergency takes funds from Section 8. You are clude $22.5 million from the Agricultural Re- funding and raise him $8 billion. That taking from the poor to take care of search Service. is right. $15 billion of so-called emer- the farmer. This is unnecessary. It is For these reasons, Mr. Speaker, I cannot gency funding, every penny of which unworthy of us. I urge the defeat of vote for this conference report. will come from the Social Security this bill. We can respond to emergencies, especially trust funds. $15 billion in pork and spe- Mr. Speaker, I rise to oppose this bill, but those of our farmers, without creating emer- cial interest waivers under the guise of I do so with great reluctance. I so very much gencies among our children and the poor. a military emergency in Kosovo. Some- wanted to vote for this emergency bill because We can provide food, shelter, hurricane and thing stinks. I guess that is why this just as it addresses an emergency situation in other aid to our friends abroad, as we should, bill includes $2.2 million for sewers in Kosovo and Central America, it also address- without creating a storm here at home. Salt Lake City for the Olympics. That es an emergency situation with farmers all We can help those in Kosovo and Central is an emergency. And a mining give- across this nation. America, as we should, without requiring an away in Washington State. Waiver of My reluctance is due to the fact that the bill offset, because this is a true emergency. environmental laws. That is an emer- contains vitally needed funding for domestic Mrs. MYRICK. Mr. Speaker, I yield 3 gency under this bill. Special breaks farm aid and I along with others from rural minutes to the gentleman from New for oil and gas producers who just America have pleaded with Congress to pro- York (Mr. WALSH). raised the price of gas 50 cents a gallon. vide these funds for months. Mr. WALSH. Mr. Speaker, I thank That is an emergency. $3.7 million for This vitally needed farm aid is well overdue. my distinguished colleague from the the page dorm. $3 million for reindeer Included in the $574 million in emergency Committee on Rules for yielding me ranchers. $23 million for fishers in agricultural assistance is $109.6 million for this time. It has been intimated to the FSA Loan Programs and $42.75 million for Alaska. Hundreds of thousands for Members that the offsets in this bill FSA salaries and expenses. These loan funds Democratic and Republican leaders. are to take from the poor to give to, I are critically important to farmers who need These are not emergencies. Say no to presume, the rich. Let me just try to capital just to stay in business. set the record straight here. this legislation. And, the operating funds for the Farm Serv- First of all, the offsets on the food Mr. HALL of Ohio. Mr. Speaker, I ice Agency are vital and will help that Agency stamps, the $1.2 billion, was offered by yield 2 minutes to the gentlewoman to help the farmers. from North Carolina (Mrs. CLAYTON). Mr. Speaker, small farmers are having a dif- the White House. So if Members have a Mrs. CLAYTON. Mr. Speaker, I rise ficult time, struggling to survive in America. problem with using the food stamps as to oppose this bill, but I do so with Most are losing money and fighting to stay an offset, they better call Mr. Lew great reluctance. I so very much want- in the farming business. down at the White House because they ed to vote for this emergency bill be- In North Carolina, hogs, the state’s top farm suggested these. By the way, these are cause just as it addresses an emergency commodity, have experienced a fifty percent surplus funds. On the issue of $350 mil- situation in Kosovo and Central Amer- drop in prices since 1996. lion for Section 8 housing, I would re- ica, it also addresses an emergency sit- Wheat is down forty-two percent; Soybeans mind my colleagues that no one, and I uation for farmers all across this Na- down thirty-six percent; Corn—thirty-one per- repeat, no one has ever lost their hous- tion. My reluctance is due to the fact cent; peanuts—twenty-eight percent. ing or their housing voucher because of

VerDate jul 14 2003 14:24 Jan 13, 2005 Jkt 069102 PO 00000 Frm 00014 Fmt 0688 Sfmt 0634 E:\BR99\H18MY9.000 H18MY9 May 18, 1999 CONGRESSIONAL RECORD—HOUSE 9929 rescissions in Section 8. This is some- the Social Security program this abuse In the pending legislation there is, in thing that has happened each and of the emergency supplemental proc- effect, a provision which actually every Congress. The money has always ess? changes the operation of the Mining been restored. Are we going to have a I would also like to emphasize that Law of 1872. This provision would waive problem? Is it going to be challenging? part of what is happening here is we mining law requirements as they relate Absolutely. But we are committed to are busting the budget caps. We have to the amount of public land around making sure that that Section 8 money paid lip service to our commitment to mining claims that can be used to dis- is put back in. Let me just respond on observe these caps and balance the pose of mining wastes. My colleagues this issue of the supplemental. budget. But, in fact, what we are doing from Florida and Washington have al- There are a lot of things in this sup- is we are shoehorning into an emer- ready spoken to this, and if they offer plemental to hate, there is no question. gency bill billions of dollars in spend- their motion to recommit, I will sup- I think quite frankly the House did a ing that was otherwise expected to port it. far better job than the Senate. The have to be calculated and fit into the I can certainly understand they need Senate wanted to throw everything in normal process. This is an abuse of the to provide jobs by mining employment but the kitchen sink. I suppose if the budget process. This is Exhibit A of the in the Western lands. I have a similar kitchen sink came from Alaska, it need for budget reform in this Con- concern in my area where coal mining would be in here. But the fact of the gress. prevails in southern West Virginia. But matter is, we held them back and tried Mrs. MYRICK. Mr. Speaker, I yield 2 the rider on this bill is not limited to to keep this money in check and keep minutes to the gentleman from Iowa one particular mine. This is no small the spending responsible and in terms (Mr. GANSKE). issue. We are talking about sizable of emergencies. Mr. GANSKE. Mr. Speaker, I rise in quantities of public land. What is par- I would conclude by saying if the opposition to this bill today. Let us ticularly galling is that after years and President and the administration had take a look at the emergencies this bill years of resistance to negotiating any taken care of the defense establish- contains. Money for sewers. Money for reforms to Mining Law of 1872, we are ment of this country and funded each dormitories. Money for fish in Alaska. faced with a rider that is stuck deep in and every adventure that we are seeing Money for reindeer. I mean, is Santa in the bowels of this emergency appro- around the globe over the past 6 or 7 trouble? Is there some reindeer emer- priation bill that favors one company. years, we would not be at this point gency that I am not aware of that re- I urge recommittal. Mrs. MYRICK. Mr. Speaker, I reserve right now. Sure this is a supplemental quires millions of dollars? Or how and there are additional expenditures the balance of my time. about the extra money that goes to the Mr. HALL of Ohio. Mr. Speaker, I in here, but we tried very hard to keep minority leader and the majority whip? yield 1 minute to the gentleman from this as small a dollar amount as we Is there some emergency going on in Oregon (Mr. WU). could, targeted at the war and at the those offices that none of us are aware Mr. WU. Mr. Speaker, I rise today in other emergencies that we face. of that has not been reported in Roll opposition to the supplemental appro- The Federal Emergency Management Call? priations conference report and in sup- Agency gets some additional funds. Mr. Speaker, we should provide for port of the motion to recommit offered That is what this supplemental was our service men and women the re- by the gentleman from Florida (Mr. meant to provide. There was an issue sources they need. But the Department DEUTSCH) and the gentleman from that was also raised about Federal of Defense requested $6 billion to fulfill Washington (Mr. INSLEE). The people of Emergency Management funding going its obligation. This bill doubles what Oregon sent me 2,500 miles away to be to Central America. Some people sup- the military experts said they needed. careful with both their budget and with port that. Some do not. But the fact of There is nearly $2 billion for a military the environment. This bill is bloated the matter is, FEMA funds were for pay raise. Mr. Speaker, we need to ad- on the budgetary side and is just flat American emergencies, not Central dress that issue, but not in an emer- wrong in the process and the substance American emergencies. But many of us gency spending bill. Some say, ‘‘Well, of the decisions made in its environ- felt that since these were serious, that we offset this by $2 billion.’’ Yes, bil- mental riders. people were damaged and harmed by lions of dollars from food stamps. We Mr. Speaker, substantive environ- this, that we would reach out to them. can forget about reducing the national mental legislation should not be passed But those funds had to be offset under debt if we keep spending down the So- in the dark of night. They deserve full our rules. So we had to go out and find cial Security surplus with this kind of review by this body and by the Senate, additional offsets. The White House of- uncontrolled emergency spending. and, quite frankly, the substantive de- fered the food stamps offsets. The Sec- b 1800 cision to open up mining in the Crown tion 8 offsets will be put back in. We Jewel Mine is something that I do not are committed to that. Mr. Speaker, I cannot in good con- believe my constituents or the people Mr. HALL of Ohio. Mr. Speaker, I science vote for an emergency spending of America would support as an inde- yield 11⁄2 minutes to the gentleman bill loaded up with nonemergency pendent freestanding bill. from Minnesota (Mr. MINGE). spending provisions and unrelated envi- Therefore, Mr. Speaker, I stand in Mr. MINGE. Mr. Speaker, I would ronmental policy decisions. strong support of the motion to recom- certainly compliment the dedication of Mr. HALL of Ohio. Mr. Speaker, I mit submitted by the gentleman from the Committee on Appropriations in yield 1 minute to the gentleman from Washington (Mr. INSLEE) and the gen- this body and the other to bringing West Virginia (Mr. RAHALL). tleman from Florida (Mr. DEUTSCH). forth legislation. But what troubles me Mr. RAHALL. Mr. Speaker, I thank Mr. HALL of Ohio. Mr. Speaker, I is that this legislation has become a the gentleman from Ohio for yielding yield myself the balance of the time. Trojan horse for many other unwar- this time to me. Mr. Speaker, this is not a perfect bill. ranted projects in an emergency spend- Mr. Speaker, there are good riders It certainly is a much better bill than ing bill. How can we justify the litany and there are bad riders, and of course passed this House last week by far. It of projects that have been disclosed beauty is in the eye of the beholder. supports our troops in a very impor- here this afternoon in an emergency These appropriation bills more often tant way, a vital way. It helps with bill, projects that ought to be funded in than not contain riders which seek to hurricane relief in the Caribbean and the normal appropriations process, overturn rulemakings which seek to Central America. It helps tornado vic- projects which are essentially coming protect overall public interests. Those tims in Oklahoma and Kansas. It helps out of the Social Security trust fund. are bad riders. In the case of the pend- the refugees in the Balkans and hurt- This is obscene. How do we explain to ing legislation there are two riders ing people as a result of the tremen- the seniors of this country or to the concerning hard rock mining on West- dous amount of oppression and geno- young people who are concerned about ern public lands. cide that is going on there.

VerDate jul 14 2003 14:24 Jan 13, 2005 Jkt 069102 PO 00000 Frm 00015 Fmt 0688 Sfmt 0634 E:\BR99\H18MY9.000 H18MY9 9930 CONGRESSIONAL RECORD—HOUSE May 18, 1999 The humanitarian aid has been in- actively, and that is what has been at- if our concern is the teachers’ unions, creased 1 percent in this bill, mainly as tempted by the Solicitor’s opinion. We there will be a lot better ways, and I a result of increases in food aid to the are simply putting a stay on that so think the teachers of America and the refugees for the next few months. It that those companies that have abided children of America and the American brings the total humanitarian package by the law in every way, have made people would be a lot happier dealing in this bill to 5 percent of the total huge investments, $80 million invest- with that investment a different way. package. This money is important and ments provided by funds from the I mean we are talking about hun- vital. I urge Members to support the groups that I mentioned, are allowed to dreds of acres of land that you and I conference committee. continue operating. own as American citizens, pristine na- Mrs. MYRICK. Mr. Speaker, I yield 8 So I think these are responsible tional forest areas. minutes to the gentleman from Ohio amendments. We did have some that Mr. REGULA. Mr. Speaker, I do not (Mr. REGULA). were anti-environment, and we did not know, and I have not been out there so Mr. REGULA. Mr. Speaker, appar- approve those. There were amendments I have not looked at it, and I do not ently there has been some discussion from the other body that were denied know all the nuances of the law. I just on the floor about environmental rid- in the conference because they were know that the agencies of this adminis- ers in this bill. We resisted some of not constructive environmental ac- tration approved it, told them to go those that were included in the Senate tions. ahead and make the investment. They bill. We tried to have a balanced bill. Mr. DEUTSCH. Mr. Speaker, will the did everything required by the laws of On the case of the finalizing of hard gentleman yield? the United States and the State of rock mining regulations, the facts are Mr. REGULA. I yield to the gen- Washington, and what more can we ask that there is a National Academy of tleman from Florida. of a company? And again, if we think Sciences, which is an independent Mr. DEUTSCH. Mr. Speaker, I appre- this is wrong, we have a responsibility agency, doing a study to give us an ciate it, and I appreciate the gen- to deal with it in a policy decision in analysis of the provisions that are tleman putting the best spin possible this body. on these riders. But I would still, as my being proposed in these regulations. Mr. HASTINGS of Washington. Mr. colleagues know, mention to the gen- This report is due out by July 31, and Speaker, will the gentleman yield? tleman that the Solicitor’s opinion Mr. REGULA. I yield to the gen- there is a 120-day comment period would prevent these open pit mines tleman from Washington. thereafter. from putting toxic waste on our lands, Mr. HASTINGS of Washington. Mr. So what we are really saying in this on Federal lands, and by the rider that Speaker, I want to thank the gen- bill is give us time to get the report we have put in the bill, which I am sure tleman for taking this action because from the National Academy of it was not at the gentleman’s initiative let us put this into perspective. This Sciences, give the people, both sides, that it was put in the bill, it would ex- was a mine in north central Wash- time to comment, which is also pro- actly do that. It would allow hundreds ington that had invested some $80 mil- vided in that arrangement, and then we of acres of pristine Federal lands to be lion with the full expectation that, if will decide what the national policy stacked up with waste product, toxic they followed the rules as was laid out should be. And all this bill does is to waste product. I mean it is beyond in current law, that they would be able put a moratorium on until such time comprehension that we are allowing to mine for this gold. They passed as we get that information. that to happen. every hoop that the State of Wash- On the Crown Jewel Mine issue, Mr. REGULA. Mr. Speaker, I am puz- ington put, every barrier the State of again this is retroactive. The Crown zled as to why the Environmental Pro- Washington put up, everything that Jewel Mine is a mining company that tection Agency of this administration the Federal Government put up, and has crossed every T, dotted every I, has would approve it under the cir- they passed it until it got here and the had all the permits issued by the Fed- cumstances the gentleman from Flor- Solicitor simply said, ‘‘I’m sorry.’’ eral and the State government. They ida has just outlined. What happened was that the Solic- are ready to go forward. Mr. DEUTSCH. Mr. Speaker, if the itor said, ‘‘I’m sorry, we’re going to It was pointed out in the debate on gentleman would continue to yield, I take a provision that had never been the supplemental that several State re- mean he is legislating. That overrides enforced, never been enforced in the tirement systems and State govern- every other piece of legislation that ex- 1872 Mining Law,’’ and said for that mental agencies had invested in this ists that specifically allows that to reason we are going to completely shut mine, and if it were not allowed to go occur. down this mine, again, after it had forward, there would be a total loss of Mr. REGULA. Now wait a minute. gone through all the barriers that were money to these retirement systems. So The mining law provides for regula- required under current law. my colleagues are talking about taking tion. This is rather ironic. This admin- Now I might add it does have an ef- money away from public retirement istration has been opposed to the 1872 fect, as the gentleman mentioned, on programs if they were to allow this Mining Act, and yet they found an ob- retirement funds, but also it has an im- Crown Jewel Mine to be shut down. scure provision in that particular act pact on employment of about 150 to 200 Now it is not as if this was prospec- that the Solicitor used to make his people in a county frankly that is cry- tive. This mine has been okayed by ev- opinion valid. He used the mining law ing for more employment. So in fair- erybody, had a NEPA statement filed, to bring this about. ness is the real reason why this provi- done everything required by the law of But the point is that all the agencies sion was put into law, because it deals both the State of Washington as well of this administration had okayed it, with this specific mine and mines that as the Federal Government, and all we and if we think it is wrong, we ought to are in existence already, that were have said in this bill is they can go for- change the law. We should not allow a playing by the rules that we thought ward so that these large groups of in- company to invest $80 million of inves- they should be playing by when they vestors, such as the retirement sys- tors’ money and then change the rules. started their endeavor and made that tems, do not suffer huge losses and be- They should not be required to suffer a investment. cause it is the right thing to do. They huge loss because of this obscure provi- So, Mr. Speaker, I want to thank the have done everything required by law. sion that is being interpreted. A Solici- gentleman for the work he did on that That is an issue that this Congress tor’s opinion is not law, and I think if because I think he did the right thing. will have to address. Whether or not we we just tried to deal with this single Mr. REGULA. Mr. Speaker, if I have choose to preclude mining in the issue problem, if it is wrong, we should any time, I would just say that the pro- United States in the future is a policy have a bill put in here and amend the vision that was put in by the other issue that will continue to be before law. body was very sweeping. The House this body in the future. But at least in Mr. DEUTSCH. If the gentleman conferees narrowed it, and got it very fairness we should not legislate retro- would continue to yield, again I think narrow in its application.

VerDate jul 14 2003 14:24 Jan 13, 2005 Jkt 069102 PO 00000 Frm 00016 Fmt 0688 Sfmt 0634 E:\BR99\H18MY9.000 H18MY9 May 18, 1999 CONGRESSIONAL RECORD—HOUSE 9931 Mrs. MYRICK. Mr. Speaker, I yield price of NATO and American failure is Hostettler Moakley Shaw Houghton Mollohan Shays myself such time as I may consume. simply too great at this point. Hoyer Moore Sherwood Mr. Speaker, as I said before, some of Therefore, I urge support of both this Hulshof Moran (KS) Shimkus us have our differences with this bill, rule, which is the standard rule Hunter Moran (VA) Shows including myself. As my colleagues waiving points of order against the Hutchinson Morella Shuster Hyde Murtha Simpson know, the Senate added pork, no ques- conference report, and we will have a Isakson Myrick Sisisky tion, everything but the kitchen sink, full hour of debate led by the chairman Istook Nethercutt Skeen and it is certainly not emergencies. of the Committee on Appropriations Jenkins Ney Skelton But everyone needs to support this rule and the ranking minority member, the John Northup Smith (MI) Johnson (CT) Norwood Smith (NJ) so we can have an open and honest de- gentleman from Wisconsin (Mr. OBEY), Johnson, E. B. Nussle Smith (TX) bate on the floor during the general de- and I think at the end of the day we Johnson, Sam Obey Smith (WA) bate. should have a very strong bipartisan Jones (NC) Olver Snyder Mr. Speaker, I yield the balance of vote for this. Kasich Ortiz Souder Kelly Ose Spence my time to the gentleman from Cali- Mrs. MYRICK. Mr. Speaker, I yield Kildee Oxley Spratt fornia (Mr. DREIER), the chairman of back the balance of my time, and I King (NY) Packard Stearns the Committee on Rules. move the previous question on the res- Kingston Paul Stenholm Knollenberg Pease Stump b 1815 olution. Kolbe Pelosi Sununu The previous question was ordered. Kuykendall Peterson (PA) Sweeney Mr. DREIER. Mr. Speaker, I rise in The SPEAKER pro tempore (Mr. LaHood Petri Talent strong support of this rule and I think Lampson Pickering Tancredo THORNBERRY). The question is on the it is important for us to get back to Lantos Pickett Tanner resolution. the reason that we are here right now. Largent Pitts Tauscher The question was taken; and the Larson Pombo Tauzin We are going to be, once we pass this Speaker pro tempore announced that Latham Pomeroy Taylor (MS) measure, discussing a $15 billion emer- LaTourette Porter Taylor (NC) the ayes appeared to have it. gency supplemental appropriations Lazio Portman Terry Mr. DEUTSCH. Mr. Speaker, I object Leach Price (NC) Thomas bill, which is absolutely necessary to to the vote on the ground that a Levin Pryce (OH) Thornberry offset the very significant costs of the quorum is not present and make the Lewis (CA) Radanovich Thune Kosovo campaign, as well as to provide Lewis (GA) Ramstad Tiahrt point of order that a quorum is not emergency aid to America’s farmers, Lewis (KY) Regula Toomey present. Linder Reyes Traficant disaster victims here in the United The SPEAKER pro tempore. Evi- LoBiondo Reynolds Turner States and Central America and to Bal- Lofgren Riley Udall (CO) kan refugees. dently a quorum is not present. Lowey Rivers Udall (NM) Now I would like to compliment the The Sergeant at Arms will notify ab- Lucas (KY) Roemer Upton sent Members. Lucas (OK) Rogan Vela´ zquez very distinguished chairman of the Maloney (NY) Rogers Walden Committee on Appropriations, the gen- The vote was taken by electronic de- Manzullo Rohrabacher Walsh vice, and there were—yeas 315, nays Matsui Ros-Lehtinen Wamp tleman from Florida (Mr. YOUNG), and 109, not voting 9, as follows: McCarthy (MO) Roukema Watkins specifically our great Speaker, the gen- McCarthy (NY) Royce Watt (NC) tleman from Illinois (Mr. HASTERT), [Roll No. 131] McCollum Ryan (WI) Watts (OK) who did a superb job facing much ad- YEAS—315 McCrery Ryun (KS) Weldon (FL) McHugh Sabo Weller versity, and I can say I was in on a Abercrombie Calvert Farr McInnis Salmon Wexler number of these meetings over the past Ackerman Camp Fletcher McIntosh Sandlin Whitfield Aderholt Campbell Foley McKeon Sanford Wicker several weeks on this issue and it has Allen Canady Forbes been a challenging time but both the Menendez Saxton Wilson Andrews Cannon Ford Metcalf Scarborough Wise gentleman from Florida (Mr. YOUNG) Archer Capps Fossella Mica Schaffer Wolf and the gentleman from Illinois (Mr. Armey Cardin Fowler Miller (FL) Scott Wynn Bachus Castle Franks (NJ) HASTERT) have done an absolutely su- Miller, Gary Sensenbrenner Young (AK) Baird Chabot Frelinghuysen Minge Shadegg Young (FL) perb job. Baker Chambliss Frost As my friend, the gentlewoman from Baldacci Chenoweth Gallegly NAYS—109 Ballenger Clement Ganske Charlotte, North Carolina (Mrs. Barcia Coble Gekas Baldwin Hilliard Millender- MYRICK) just said, it is true our col- Barr Coburn Gibbons Barrett (WI) Holt McDonald leagues in the other body have clearly Barrett (NE) Collins Gilchrest Becerra Hooley Miller, George added many things to this measure Bartlett Combest Gillmor Berman Inslee Mink Barton Cook Gilman Brown (OH) Nadler which should not be there, but this Jackson (IL) Bass Cooksey Gonzalez Capuano Jackson-Lee Napolitano conference report takes a very impor- Bateman Cox Goode Carson (TX) Neal tant first step towards reversing that Bentsen Cramer Goodlatte Clay Jefferson Oberstar Bereuter Crane Goodling Clayton Jones (OH) Owens very dangerous 10-year path that we Berkley Cubin Gordon Clyburn Pallone have had of diminishing the capability Kanjorski Berry Cunningham Goss Conyers Kaptur Pascrell of our Nation’s defenses. Biggert Davis (FL) Graham Costello Kennedy Pastor Bilbray Coyne With the ongoing missions that are Davis (VA) Granger Kilpatrick Payne Bilirakis Deal Green (TX) Crowley Peterson (MN) Kind (WI) taking place, both in Kosovo, Korea Bishop DeLay Green (WI) Cummings Phelps Kleczka and Iraq, our forces are being asked to Blagojevich DeMint Greenwood Danner Rahall Klink Bliley Diaz-Balart Gutknecht Davis (IL) Rangel do much more with much less. The bill Kucinich Blumenauer Dickey Hall (OH) DeFazio Rodriguez LaFalce puts $2.65 billion directly into the pipe- Blunt Dicks Hall (TX) DeGette Rothman line for spare parts, readiness, depot Boehlert Dingell Hansen Delahunt Lee Roybal-Allard maintenance and recruitment. Boehner Dooley Hastings (WA) DeLauro Lipinski Rush Luther Along with many others, many oth- Bonilla Doolittle Hayes Deutsch Sanchez Bonior Dreier Hayworth Dixon Maloney (CT) Sanders ers in this House and around this coun- Bono Duncan Hefley Doggett Markey Sawyer try, I have had serious doubts as to the Boswell Dunn Herger Doyle Martinez Schakowsky effectiveness of our air-only campaign. Boucher Edwards Hill (MT) Eshoo Mascara Sherman Boyd Ehlers Hilleary Evans McDermott Slaughter Whatever the arguments for U.S. in- Brady (TX) Ehrlich Hinchey Fattah McGovern Stabenow volvement in Kosovo were, it is now a Brown (FL) Emerson Hinojosa Filner McIntyre Stark very clear national interest that both Bryant Engel Hobson Frank (MA) McKinney Strickland the United States of America and the Burr English Hoeffel Gejdenson McNulty Stupak Burton Etheridge Hoekstra Gephardt Meehan Thompson (CA) North Atlantic Treaty Organization al- Buyer Everett Holden Hastings (FL) Meek (FL) Thompson (MS) liance prevail in this conflict. The Callahan Ewing Horn Hill (IN) Meeks (NY) Thurman

VerDate jul 14 2003 14:24 Jan 13, 2005 Jkt 069102 PO 00000 Frm 00017 Fmt 0688 Sfmt 0634 E:\BR99\H18MY9.000 H18MY9 9932 CONGRESSIONAL RECORD—HOUSE May 18, 1999 Tierney Waters Woolsey Rule 2. Definitions requester’s authorized representative or em- Towns Waxman Wu (a) ‘‘Committee’’ means the Committee on ploying authority. A representative shall Vento Weiner disclose to the Committee the identity of the Visclosky Weygand Standards of Official Conduct. (b) ‘‘Complaint’’ means a written allega- principal on whose behalf advice is being NOT VOTING—9 tion of improper conduct against a Member, sought. Borski Condit Serrano officer, or employee of the House of Rep- (f) The Office of Advice and Education Brady (PA) Gutierrez Sessions resentatives filed with the Committee with shall prepare for the Committee a response Brown (CA) Quinn Weldon (PA) the intent to initiate an inquiry. to each written request for an opinion from a member, officer or employee. Each re- b 1837 (c) ‘‘Inquiry’’ means an investigation by an investigative subcommittee into allegations sponse shall discuss all applicable laws, Mrs. JONES of Ohio, Ms. ROYBAL- against a Member, officer, or employee of rules, regulations, or other standards. ALLARD, and Ms. KAPTUR changed the House of Representatives. (g) Where a request is unclear or incom- their vote from ‘‘yea’’ to ‘‘nay.’’ (d) ‘‘Investigative Subcommittee’’ means a plete, the Office of Advice and Education Mr. SCHAFFER changed his vote subcommittee designated pursuant to Rule 8 may seek additional information from the requester. from ‘‘nay’’ to ‘‘yea.’’ to conduct an inquiry to determine if a Statement of Alleged Violation should be (h) The Chairman and Ranking Minority So the resolution was agreed to. issued. Member are authorized to take action on be- The result of the vote was announced (e) ‘‘Statement of Alleged Violation’’ half of the Committee on any proposed writ- as above recorded. means a formal charging document filed by ten opinion that they determine does not re- A motion to reconsider was laid on an investigative subcommittee with the quire consideration by the Committee. If the the table. Committee containing specific allegations Chairman or Ranking Minority member re- against a Member, officer, or employee of quests a written opinion, or seeks a waiver, f the House of Representatives of a violation extension, or approval pursuant to Rules 3(l), RULES OF COMMITTEE ON STAND- of the Code of Official Conduct, or of a law, 4(c), 4(e), or 4(h), the next ranking member of ARDS OF OFFICIAL CONDUCT rule, regulation, or other standard of con- the requester’s party is authorized to act in FOR THE 106TH CONGRESS duct applicable to the performance of official lieu of the requester. duties or the discharge of official respon- (i) The Committee shall keep confidential Mr. SMITH of Texas. Mr. Speaker, I sibilities. any request for advice from a Member, offi- ask unanimous consent for the publica- (f) ‘‘Adjudicatory Subcommittee’’ means a cer, or employee, as well as any response tion in the CONGRESSIONAL RECORD (as subcommittee of the Committee comprised thereto. contemplated by clause 2(a)2 of rule XI) of those Committee members not on the in- (j) The Committee may take no adverse ac- of the rules adopted by the Committee vestigative subcommittee, that holds an ad- tion in regard to any conduct that has been on Standards of Official Conduct pursu- judicatory hearing and determines whether undertaken in reliance on a written opinion if the conduct conforms to the specific facts ant to clause 2(a)(1) of rule XI, which the counts in a Statement of Alleged Viola- tion are proved by clear and convincing evi- addressed in the opinion. have duly governed the proceedings of dence. (k) Information provided to the Committee the Committee since their adoption on (g) ‘‘Sanction Hearing’’ means a Com- by a Member, officer, or employee seeking January 20, 1999, and subsequent mittee hearing to determine what sanction, advice regarding prospective conduct may amendment on March 10, 1999 and on if any, to adopt or to recommend to the not be used as the basis for initiating an in- April 14, 1999. House of Representatives. vestigation under clause 3(a)(2) of Rule XI of The SPEAKER pro tempore (Mr. (h) ‘‘Respondent’’ means a Member, officer, the Rules of the House of Representatives, if or employee of the House of Representatives such Member, officer, or employee acts in THORNBERRY). Is there objection to the who is the subject of a complaint filed with good faith in accordance with the written ad- request of the gentleman from Texas? the Committee or who is the subject of an in- vice of the Committee. There was no objection. quiry or a Statement of Alleged Violation. (l) A written request for a waiver of clause RULES: COMMITTEE ON STANDARDS OF (i) ‘‘Office of Advice and Education’’ refers 5 of House Rule XXVI (the House gift rule), OFFICIAL CONDUCT to the Office established by section 803(i) of or for any other waiver or approval, shall be FOREWORD the Ethics Reform Act of 1989. The Office treated in all respects like any other request handles inquiries; prepares written opinions for a written opinion. The Committee on Standards of Official in response to specific requests; develops (m) A written request for a waiver of Conduct is unique in the House of Represent- general guidance; and organizes seminars, clause 5 of House Rule XXVI (the House gift atives. Consistent with the duty to carry out workshops, and briefings for the benefit of rule) shall specify the nature of the waiver its advisory and enforcement responsibilities the House of Representatives. being sought and the specific circumstances in an impartial manner, the Committee is Rule 3. Advisory Opinions and Waivers justifying the waiver. the only standing committee of the House of (n) An employee seeking a waiver of time (a) The Office of Advice and Education Representatives the membership of which is limits applicable to travel paid for by a pri- shall handle inquiries; prepare written opin- divided evenly by party. These rules are in- vate source shall include with the request ions providing specific advice; develop gen- tended to provide a fair procedural frame- evidence that the employing authority is eral guidance; and organize seminars, work- work for the conduct of the Committee’s ac- aware of the request. In any other instance shops, and briefings for the benefit of the tivities and to help insure that the Com- where proposed employee conduct may re- House of Representatives. mittee serves well the people of the United flect on the performance of official duties, (b) Any Member, officer, or employee of States, the House of Representatives, and the Committee may require that the re- the House of Representatives, may request a the Members, officers, and employees of the quester submit evidence that the employing written opinion with respect to the propriety House of Representatives. authority knows of the conduct. PART I—GENERAL COMMITTEE RULES of any current or proposed conduct of such Member, officer, or employee. Rule 4. Financial Disclosure Rule 1. General Provisions (c) The Office of Advice and Education may (a) In matters relating to title I of the Eth- (a) So far as applicable, these rules and the provide information and guidance regarding ics in Government Act of 1978, the Com- Rules of the House of Representatives shall laws, rules, regulations, and other standards mittee shall coordinate with the Clerk of the be the rules of the Committee and any sub- of conduct applicable to Members, officers, House of Representatives, Legislation Re- committee. The Committee adopts these and employees in the performance of their source Center, to assure that appropriate in- rules under the authority of clause 2(a)(1) of duties or the discharge of their responsibil- dividuals are notified of their obligation to Rule XI of the Rules of the House of Rep- ities. file Financial Disclosure Statements and resentatives, 106th Congress. (d) In general, the Committee shall provide that such individuals are provided in a time- (b) The rules of the Committee may be a written opinion to an individual only in rely fashion with filing instructions and forms modified, amended, or repealed by a vote of sponse to a written request, and the written developed by the Committee. a majority of the Committee. opinion shall address the conduct only of the (b) The Committee shall coordinate with (c) When the interests of justice so require, inquiring individual, or of persons for whom the Legislative Resource Center to assure the Committee, by a majority vote of its the inquiring individual is responsible as em- that information that the Ethics in Govern- members, may adopt any special procedures, ploying authority. ment Act requires to be placed on the public not inconsistent with these rules, deemed (e) A written request for an opinion shall record is made public. necessary to resolve a particular matter be- be addressed to the Chairman of the Com- (c) The Chairman and Ranking Minority fore it. Copies of such special procedures mittee and shall include a complete and ac- Member are authorized to grant on behalf of shall be furnished to all parties in the mat- curate statement of the relevant facts. A re- the Committee requests for reasonable ex- ter. quest shall be signed by the requester or the tensions of time for the filing of Financial

VerDate jul 14 2003 14:24 Jan 13, 2005 Jkt 069102 PO 00000 Frm 00018 Fmt 0688 Sfmt 0634 E:\BR99\H18MY9.000 H18MY9 May 18, 1999 CONGRESSIONAL RECORD—HOUSE 9933 Disclosure Statements. Any such request (c), a reporting individual who concurs with (c) The staff as a whole and each individual must be received by the Committee no later the Committee’s notification that the State- member of the staff shall perform all official than the date on which the statement in ment is not complete, or that other action is duties in a nonpartisan manner. question is due. A request received after such required, shall submit the necessary infor- (d) No member of the staff shall engage in date may be granted by the Committee only mation or take appropriate action. Any any partisan political activity directly af- in extraordinary circumstances. Such exten- amendment may be in the form of a revised fecting any congressional or presidential sions for one individual in a calendar year Financial Disclosure Statement or an ex- election. shall not exceed a total of 90 days. No exten- planatory letter addressed to he Clerk of the (e) No member of the staff or outside coun- sion shall be granted authorizing a non- House of Representatives. sel may accept public speaking engagements incumbent candidate to file a statement (m) Any amendment shall be placed on the or write for publication on any subject that later than 30 days prior to a primary or gen- public record in the same manner as other is in any way related to his or her employ- eral election in which the candidate is par- Statements. The individual designated by ment or duties with the Committee without ticipating. the Committee to review the original State- specific prior approval from the Chairman (d) An individual who takes legally suffi- ment shall review any amendment thereto. and Ranking Minority Member. cient action to withdraw as a candidate be- (n) Within the time specified, including (f) No member of the staff or outside coun- fore the date of which that individual’s Fi- any extension granted in accordance with sel may make public, unless approved by an nancial Disclosure Statement is due under clause (c), a reporting individual who does affirmative vote of a majority of the mem- the Ethics in Government Act shall not be not agree with the Committee that the bers of the Committee, any information, doc- required to file a Statement. An individual Statement is deficient or that other action is ument, or other material that is confiden- shall not be excused from filing a Financial required, shall be provided an opportunity to tial, derived from executive session, or clas- Disclosure Statement when withdrawal as respond orally or in writing. If the expla- sified and that is obtained during the course candidate occurs after the date on which nation is accepted, a copy of the response, if of employment with the Committee. such Statement was due. written, or a note summarizing an oral re- (g) All staff members shall be appointed by (e) Any individual who files a report response, shall be retained in Committee files an affirmative vote of a majority of the quired to be filed under title I of the Ethics with the original report. members of the Committee. Such vote shall in Government Act more than 30 days after (o) The Committee shall be the final arbi- occur at the first meeting of the membership the later of— ter of whether any Statement requires clari- of the Committee during each Congress and (1) the date such report is required to be fication or amendment. as necessary during the Congress. filed, or (p) If the Committee determines, by vote of (h) Subject to the approval of the Com- (2) if a filing extension is granted to such majority of its members, that there is reason mittee on House Administration, the Com- individual, the last day of the filing exten- to believe that an individual has willfully mittee may retain counsel not employed by sion period, is required by such Act to pay a failed to file a Statement or has willfully fal- the House of Representatives whenever the late filing fee of $200. The Chairman and sified or willfully failed to file information Committee determines, by an affirmative Ranking Minority Member are authorized to required to be reported, then the Committee vote of a majority of the members of the approve requests that the fee be waived shall refer the name of the individual, to- Committee, that the retention of outside based on extraordinary circumstances. gether with the evidence supporting its find- counsel is necessary and appropriate. (f) Any late report that is submitted with- ing, to the Attorney General pursuant to sec- (i) If the Committee determines that it is out a required filing fee shall be deemed pro- tion 104(b) of the Ethics Government Act. necessary to retain staff members for the cedurally deficient and not properly filed. (g) The Chairman and Ranking Minority Such referral shall not preclude the Com- purpose of a particular investigation or Member are authorized to approve requests mittee from initiating such other action as other proceeding, then such staff shall be re- for waivers of the aggregation and reporting may be authorized by other provisions of law tained only for the duration of that par- of gifts as provided by section 102(a)(2)(C) of or the Rules of the House of Representatives. ticular investigation or proceeding. the Ethics in Government Act. If such a re- Rule 5. Meetings (j) Outside counsel may be dismissed prior to the end of a contract between the Com- quest is approved, both the incoming request (a) The regular meeting day of the Com- mittee and such counsel only by a majority and the Committee response shall be for- mittee shall be the second Wednesday of vote of the members of the Committee. warded to the Legislative Resource Center each month, except when the House of Rep- (k) In addition to any other staff provided for placement on the public record. resentatives is not meeting on that day. for by law, rule, or other authority, with re- (h) The Chairman and Ranking Minority When the Committee Chairman determines spect to the Committee, the Chairman and Member are authorized to approve blind that there is sufficient reason, a meeting Ranking Minority Member each may appoint trusts as qualifying under section 102(f)(3) of may be called on additional days. A regu- one individual as a shared staff member from the Ethics in Government Act. The cor- larly scheduled meeting need not be held his or her personal staff to perform service respondence relating to formal approval of a when the Chairman determines there is no for the Committee. Such shared staff may blind trust, the trust document, the list of business to be considered. assist the Chairman or Ranking Minority assets transferred to the trust, and any other (b) The Chairman shall establish the agen- Member on any subcommittee on which he documents required by law to be made pub- da for meetings of the Committee and the serves. Only paragraphs (c), (e), and (f) shall lic, shall be forwarded to the Legislative Re- Ranking Minority Member may place addi- apply to shared staff. source Center for such purpose. tional items on the agenda. (i) The Committee shall designate staff (c) All meetings of the Committee or any Rule 7. Confidentiality Oaths counsel who shall review Financial Disclo- subcommittee shall occur in executive ses- Before any member or employee of the sure Statements and, based upon informa- sion unless the Committee or subcommittee, Committee may have access to information tion contained therein, indicate in a form by an affirmative vote of a majority of its that is confidential under the rules of the and manner prescribed by the Committee members, open the meeting or hearing to the Committee, the following oath (or affirma- whether the Statement appears substan- public. tion) shall be executed in writing: tially accurate and complete and the filer (d) Any hearing held by an adjudicatory ‘‘I do solemnly swear (or affirm) that I will appears to be in compliance with applicable subcommittee or any sanction hearing held not disclose, to any person or entity outside laws and rules. by the Committee shall be open to the pubic the Committee on Standards of Official Con- (i) Each Financial Disclosure Statement unless the Committee or subcommittee, by duct, any information received in the course shall be reviewed within 60 days after the an affirmative vote of a majority of its mem- of my service with the Committee, except as date of filing. bers, closes the hearing to the pubic. authorized by the Committee or in accord- (k) If the reviewing counsel believes that (e) A subcommittee shall meet at the dis- ance with its rules.’’ additional information required because (1) cretion of its Chairman. Copies of the executed oath shall be pro- the Statement appears not substantially ac- (f) Insofar as practicable, notice for any vided to the Clerk of the House as part of the curate or complete, or (2) the filer may not Committee or subcommittee meeting shall records of the House. Breaches of confiden- be in compliance with applicable laws or be provided at least seven days in advance of tiality shall be investigated by the Com- rules, then the reporting individual shall be the meeting. The Chairman of the Com- mittee and appropriate action shall be notified in writing of the additional informa- mittee or subcommittee may waive such taken. tion believed to be required, or of the law or time period for good cause. rule with which the reporting individual does Rule 8. Subcommittees—General Policy and not appear to be in compliance. Such notice Rule 6. Committee Staff Structure shall also state the time within a response is (a) The staff is to be assembled and re- (a) Upon an affirmative vote of a majority to be submitted. Any such notice shall retained as a professional, nonpartisan staff. of its members to initiate an inquiry, the main confidential. (b) Each member of the staff shall be pro- Chairman and Ranking Minority Member of (l) Within the time specified, including any fessional and demonstrably qualified for the the Committee shall designate four members extension granted in accordance with clause position for which he is hired. (with equal representation from the majority

VerDate jul 14 2003 14:24 Jan 13, 2005 Jkt 069102 PO 00000 Frm 00019 Fmt 0688 Sfmt 0634 E:\BR99\H18MY9.000 H18MY9 9934 CONGRESSIONAL RECORD—HOUSE May 18, 1999 and minority parties) to serve as an inves- of the members of the Committee or sub- lation and any written response thereto shall tigative subcommittee to undertake an in- committee, as appropriate: be included in the Committee’s final report quiry. At the time of appointment, the (1) Issuing a subpoena. on the matter to the House of Representa- Chairman shall designate one member of the (2) Adopting a full Committee motion to tives. subcommittee to serve as the chairman and create an investigative subcommittee. (e) All communications and all pleadings the Ranking Minority Member shall des- (3) Adoption of a Statement of Alleged Vio- pursuant to these rules shall be filed with ignate one member of the subcommittee to lation. the Committee at the Committee’s office or serve as the ranking minority member of the (4) Finding that a count in a Statement of such other place as designated by the Com- investigative subcommittee or adjudicatory Alleged Violation has been proved by clear mittee. subcommittee. The Chairman and Ranking and convincing evidence. (f) All records of the Committee which Minority Member of the Committee may (5) Sending a letter of reproval. have been delivered to the Archivist of the serve as members of an investigative sub- (6) Adoption of a recommendation to the United States shall be made available to the committee, but may not serve as non-voting, House of Representatives that a sanction be public in accordance with Rule VII of the ex-officio members. imposed. Rules of the House of Representatives. (7) Adoption of a report relating to the (b) If an investigative subcommittee, by a Rule 13. Broadcasts of Committee and majority vote of its members, adopts a conduct of a Member, officer, or employee. (8) Issuance of an advisory opinion of gen- Subcommittee Proceedings Statement of Alleged Violation, members eral applicability establishing new policy. (a) Television or radio coverage of a Com- who did not serve on the investigative sub- (b) Except as stated in clause (a), action mittee or subcommittee hearing or meeting committee are eligible for appointment to may be taken by the Committee or any sub- shall be without commercial sponsorship. the adjudicatory subcommittee to hold an committee thereof by a simple majority, a (b) No witness shall be required against his Adjudicatory Hearing under Committee Rule quorum being present. or her will to be photographed or otherwise 24 on the violations alleged in the State- (c) No motion made to take any of the ac- to have a graphic reproduction of his or her ment. tions enumerated in clause (a) of this Rule image made at any hearing or to give evi- (c) The Committee may establish other may be entertained by the Chair unless a dence or testimony while the broadcasting of noninvestigative and nonadjudicatory sub- quorum of the Committee is present when that hearing, by radio or television, is being committees and may assign to them such such motion is made. conducted. At the request of any witness, all functions as it may deem appropriate. The media microphones shall be turned off, all membership of each subcommittee shall pro- Rule 11. Communications by Committee Members and Staff television and camera lenses shall be cov- vide equal representation for the majority ered, and the making of a graphic reproduc- Committee members and staff shall not and minority parties. tion at the hearing shall not be permitted. disclose any evidence relating to an inves- (d) The Chairman may refer any bill, reso- This paragraph supplements clause 2(k)(5) of tigation to any person or organization out- lution, or other matter before the Com- Rule XI of the Rules of the House of Rep- side the Committee unless authorized by the mittee to an appropriate subcommittee for resentatives relating to the protection of the Committee. The Chairman and Ranking Mi- consideration. Any such bill, resolution, or rights of witnesses. nority Member shall have access to such in- other matter may be discharged from the (c) Not more than four television cameras, formation that they request as necessary to subcommittee to which it was referred by a operating from fixed positions, shall be per- conduct Committee business. Evidence in majority vote of the Committee. mitted in a hearing or meeting room. The the possession of an investigative sub- (e) Any member of the Committee may sit Committee may allocate the positions of committee shall not be disclosed to other with any noninvestigative or nonadjudica- permitted television cameras among the tel- Committee members except by a vote of the tory subcommittee, but only regular mem- evision media in consultation with the exec- subcommittee. bers of such subcommittee may vote on any utive Committee of the Radio and Television matter before that subcommittee. Rule 12. Committee Records Correspondents’ Galleries. Rule 9. Quorums and Member Disqualification (a) The Committee may establish proce- (d) Television cameras shall be placed so as (a) The quorum for an investigative sub- dures necessary to prevent the unauthorized not to obstruct in any way the space between committee to take testimony and to receive disclosure of any testimony or other infor- any witness giving evidence or testimony evidence shall be two members, unless other- mation received by the Committee or its and any member of the Committee, or the wise authorized by the House of Representa- staff. visibility of that witness and that member to tives. (b) Members and staff of the Committee each other. (b) The quorum for an adjudicatory sub- shall not disclose to any person or organiza- (e) Television cameras shall not be placed committee to take testimony, receive evi- tion outside the Committee, unless author- in positions that unnecessarily obstruct the dence, or conduct business shall consist of a ized by the Committee, any information re- coverage of the hearing or meeting by the majority plus one of the members of the ad- garding the Committee’s or a subcommit- other media. judicatory subcommittee. tee’s investigative, adjudicatory or other PART II—INVESTIGATIVE AUTHORITY (c) Except as stated in clauses (a) and (b) of proceedings, including, but not limited to: (i) Rule 14. House Resolution this rule, a quorum for the purpose of con- the fact of or nature of any complaints; (ii) executive session proceedings; (iii) informa- Whenever the House of Representatives, by ducting business consists of a majority of resolution, authorizes or directs the Com- the members of the Committee or sub- tion pertaining to or copies of any Com- mittee or subcommittee report, study, or mittee to undertake an inquiry or investiga- committee. tion, the provisions of the resolution, in con- (d) A member of the Committee shall be in- other document which purports to express the views, findings, conclusions, or rec- junction with these Rules, shall govern. To eligible to participate in any Committee or the extent the provisions of the resolution subcommittee proceeding in which he is the ommendations of the Committee or subcommittee in connection with any of its ac- differ from these Rules, the resolution shall respondent. control. (e) A member of the Committee may dis- tivities or proceedings; or (iv) any other information or allegation respecting the con- Rule 15. Committee Authority to Investigate— qualify himself from participating in any in- General Policy vestigation of the conduct of a Member, offi- duct of a Member, officer, or employee. (c) The Committee shall not disclose to cer, or employee of the House of Representa- Pursuant to clause 3(b)(2) of Rule XI of the any person or organization outside the Com- tives upon the submission in writing and Rules of the House of Representatives, the mittee any information concerning the con- under oath of an affidavit of disqualification Committee may exercise its investigative duct of a respondent until it has transmitted stating that the member cannot render an authority when— a Statement of Alleged Violation to such re- impartial and unbiased decision. If the Com- (a) information offered as a complaint by a spondent and the respondent has been given mittee approves and accepts such affidavit of Member of the House of Representatives is full opportunity to respond pursuant to Rule disqualification, or if a member is disquali- transmitted directly to the Committee; 23. The Statement of Alleged Violation and fied pursuant to Rule 18(g) or Rule 24(a), the (b) information offered as a complaint by any written response thereto shall be made Chairman shall so notify the Speaker and an individual not a Member of the House is public at the first meeting or hearing on the ask the Speaker to designate a Member of transmitted to the Committee, provided that matter that is open to the public after such the House of Representatives from the same a Member of the House certifies in writing opportunity has been provided. Any other political party as the disqualified member of that he or she believes the information is materials in the possession of the Committee the Committee to act as a member of the submitted in good faith and warrants the re- regarding such statement may be made pub- Committee in any Committee proceeding review and consideration of the Committee; lic as authorized by the Committee to the (c) the Committee, on its own initiative, lating to such investigation. extent consistent with the Rules of the establishes an investigative subcommittee; Rule 10. Vote Requirements House of Representatives. (d) a Member, officer, or employee is con- (a) The following actions shall be taken (d) If no public hearing or meeting is held victed in a Federal, State, or local court of only upon an affirmative vote of a majority on the matter, the Statement of Alleged Vio- a felony; or

VerDate jul 14 2003 14:24 Jan 13, 2005 Jkt 069102 PO 00000 Frm 00020 Fmt 0688 Sfmt 0634 E:\BR99\H18MY9.000 H18MY9 May 18, 1999 CONGRESSIONAL RECORD—HOUSE 9935 (e) the House of Representatives, by resolu- (b) Whenever information offered as a com- (b) The respondent may, within 30 days of tion, authorizes or directs the Committee to plaint is submitted to the Committee, the the Committee’s notification, provide to the undertake an inquiry or investigation. Chairman and Ranking Minority Member Committee any information relevant to a Rule 16. Complaints shall have 14 calendar days or 5 legislative complaint filed with the Committee. The re- (a) A complaint submitted to the Com- days, whichever occurs first, to determine spondent may submit a written statement in mittee shall be in writing, dated, and prop- whether the information meets the require- response to the complaint. Such a statement shall be signed by the respondent. If the erly verified (a document will be considered ments of the Committee’s rules for what con- statement is prepared by counsel for the re- properly verified where a notary executes it stitutes a complaint. spondent, the respondent shall sign a rep- with the language, ‘‘Signed and sworn to (or (c) Whenever the Chairman and Ranking resentation that he/she has reviewed the reaffirmed) before me on (date) by (the name of Minority Member jointly determine that in- sponse and agrees with the factual assertions the person)’’ setting forth in simple, concise, formation submitted to the Committee meets the requirements of the Committee’s contained therein. and direct statements— (c) The Committee staff may request infor- (1) the name and legal address of the party rules for what constitutes a complaint, they mation from the respondent or obtain addi- filing the complaint (hereinafter referred to shall have 45 calendar days or 5 legislative days, whichever is later, after the date that tional information pertinent to the case as the ‘‘complainant’’); from other sources prior to the establish- (2) the name and position or title of the re- the Chairman and Ranking Minority Member ment of an investigative subcommittee only spondent; determine that information filed meets the when so directed by the Chairman and Rank- (3) the nature of the alleged violation of requirements of the Committee’s rules for what constitutes a complaint, unless the ing Minority Member. the Code of Official Conduct or of other law, (d) At the first meeting of the Committee rule, regulation, or other standard of con- Committee by an affirmative vote of a majority of its members votes otherwise, to— following the procedures or actions specified duct applicable to the performance of duties in clauses (a) and (b), the Committee shall or discharge of responsibilities; and (1) recommend to the Committee that it dispose of the complaint, or any portion consider the complaint. (4) the facts alleged to give rise to the vio- (e) The Committee, by a majority vote of lation. The complaint shall not contain in- thereof, in any manner that does not require action by the House, which may include dis- its members, may create an investigative nuendo, speculative assertions, or conclusory subcommittee. If an investigative sub- missal of the complaint or resolution of the statements. committee is established, the Chairman and complaint by a letter to the Member, officer, (b) Any documents in the possession of the Ranking Minority Member shall designate or employee of the House against whom the complainant that relate to the allegations four members to serve as an investigative may be submitted with the complaint. complaint is made; (2) establish an investigative sub- subcommittee in accordance with Rule 20. (c) Information offered as a complaint by a (f) The respondent shall be notified in writ- committee; or Member of the House of Representatives may ing regarding the Committee’s decision ei- (3) request that the Committee extend the be transmitted directly to the Committee. ther to dismiss the complaint or to create an applicable 45-calendar day period when they (d) Information offered as a complaint by investigative subcommittee. an individual not a Member of the House determine more time is necessary in order to (g) The respondent shall be notified of the may be transmitted to the Committee, pro- make a recommendation under paragraph membership of the investigative sub- vided that a Member of the House certifies in (1). committee and shall have ten days after writing that he or she believes the informa- (d) The Chairman and Ranking Minority such notice is transmitted to object to the tion is submitted in good faith and warrants Member may jointly gather additional infor- participation of any subcommittee member. the review and consideration of the Com- mation concerning alleged conduct which is Such objection shall be in writing and shall mittee. the basis of a complaint or of information of- be on the grounds that the subcommittee (e) A complaint must be accompanied by a fered as a complaint until they have estab- member cannot render an impartial and un- certification, which may be unsworn, that lished an investigative subcommittee or the biased decision. The subcommittee member the complainant has provided an exact copy Chairman or Ranking Minority Member has against whom the objection is made shall be of the filed complaint and all attachments to placed on the agenda the issue of whether to the sole judge of his or her disqualification. establish an investigative subcommittee. the respondent. Rule 19. Committee-Initiated Inquiry (f) The Committee may defer action on a (e) If the Chairman and Ranking Minority complaint against a Member, officer, or em- Member jointly determine that information (a) Notwithstanding the absence of a filed ployee of the House of Representatives when submitted to the Committee meets the re- complaint, the Committee may consider any the complaint alleges conduct that the Com- quirements of the Committee rules for what information in its possession indicating that mittee has reason to believe is being re- constitutes a complaint, and the complaint a Member, officer, or employee may have viewed by appropriate law enforcement or is not disposed of within 45 calendar days or committed a violation of the Code of Official regulatory authorities, or when the Com- 5 legislative days, whichever is later, and no Conduct or any law, rule, regulation, or mittee determines that it is appropriate for additional 45-day extension is made, then other standard of conduct applicable to the the conduct alleged in the complaint to be they shall establish an investigative sub- conduct of such Member, officer, or em- reviewed initially by law enforcement or reg- committee and forward the complaint, or ployee in the performance of his or her du- ulatory authorities. any portion thereof, to that subcommittee ties or the discharge of his or her respon- (g) A complaint may not be amended with- for its consideration. If at any time during sibilities. The Chairman and Ranking Minor- out leave of the Committee. Otherwise, any the time period either the Chairman or ity Member may jointly gather additional new allegations of improper conduct must be Ranking Minority Member places on the information concerning such an alleged vio- submitted in a new complaint that independ- agenda the issue of whether to establish an lation by a Member, officer, or employee un- ently meets the procedural requirements of investigative subcommittee, then an inves- less and until an investigative subcommittee the Rules of the House of Representatives tigative subcommittee may be established has been established. (b) If the Committee votes to establish an and the Committee’s Rules. only by an affirmative vote of a majority of (h) The Committee shall not accept, and the members of the Committee. investigative subcommittee, the Committee shall return to the complainant, any com- (f) Whenever the Chairman and Ranking shall proceed in accordance with Rule 20. (c) Any written request by a Member, offi- plaint submitted within the 60 days prior to Minority Member jointly determine that in- cer, or employee of the House of Representa- an election in which the subject of the com- formation submitted to the Committee does tives that the Committee conduct an inquiry plaint is a candidate. not meet the requirements for what con- (i) The Committee shall not consider a stitutes a complaint set forth in the Com- into such person’s own conduct shall be proc- complaint, nor shall any investigation be un- mittee rules, they may (1) return the infor- essed in accordance with subsection (a) of dertaken by the Committee, of any alleged mation to the complainant with a statement this Rule. (d) An inquiry shall not be undertaken re- violation which occurred before the third that it fails to meet the requirements for garding any alleged violation that occurred previous Congress unless the Committee de- what constitutes a complaint set forth in the before the third previous Congress unless a termines that the alleged violation is di- Committee’s rules; or (2) recommend to the majority of the Committee determines that rectly related to an alleged violation which Committee that it authorize the establish- the alleged violation is directly related to an occurred in a more recent Congress. ment of an investigative subcommittee. alleged violation that occurred in a more re- Rule 17. Duties of Committee Chairman and Rule 18. Processing of Complaints cent Congress. Ranking Minority Member (a) If a complaint is in compliance with (e) An inquiry shall be undertaken by an (a) Unless otherwise determined by a vote House and Committee Rules, a copy of the investigative subcommittee with regard to of the Committee, only the Chairman or complaint and the Committee Rules shall be any felony conviction of a Member, officer, Ranking Minority Member, after consulta- forwarded to the respondent within five days or employee of the House of Representatives tion with each other, may make public state- with notice that the complaint conforms to in a Federal, state, or local court. Notwith- ments regarding matters before the Com- the applicable rules and will be placed on the standing this provision, an inquiry may be mittee or any subcommittee. Committee’s agenda. initiated at any time prior to sentencing.

VerDate jul 14 2003 14:24 Jan 13, 2005 Jkt 069102 PO 00000 Frm 00021 Fmt 0688 Sfmt 0634 E:\BR99\H18MY9.000 H18MY9 9936 CONGRESSIONAL RECORD—HOUSE May 18, 1999 Rule 20. Investigative Subcommittee with the respondent and/or the respondent’s draft of which shall be provided to the re- (a) In an inquiry undertaken by an inves- counsel as to facts that are not in dispute. spondent not less than 15 calendar days be- tigative subcommittee— (c) Upon an affirmative vote of a majority fore the subcommittee votes on whether to (1) All proceedings, including the taking of of the subcommittee members, and an af- adopt the report; testimony, shall be conducted in executive firmative vote of a majority of the full Com- (2) the respondent may submit views in session and all testimony taken by deposi- mittee, an investigative subcommittee may writing regarding the final draft to the sub- tion or things produced pursuant to sub- expand the scope of its investigation. committee within 7 calendar days of receipt poena or otherwise shall be deemed to have (d) Upon completion of the investigation, of that draft; been taken or produced in executive session. the staff shall draft for the investigative sub- (3) the subcommittee shall transmit a re- (2) The Chairman of the investigative subcommittee a report that shall contain a com- port to the Committee regarding the State- committee shall ask the respondent and all prehensive summary of the information re- ment of Alleged Violation together with any witnesses whether they intend to be rep- ceived regarding the alleged violations. views submitted by the respondent pursuant resented by counsel. If so, the respondent or (e) Upon completion of the inquiry, an in- to subparagraph (2), and the Committee shall witnesses or their legal representatives shall vestigative subcommittee, by a majority make the report, together with the respond- provide written designation of counsel. A re- vote of its members, may adopt a Statement ent’s views, available to the public before spondent or witness who is represented by of Alleged Violation if it determines that the commencement of any sanction hearing; counsel shall not be questioned in the ab- there is substantial reason to believe that a and sence of counsel unless an explicit waiver is violation of the Code of Official Conduct, or (4) the Committee shall by an affirmative obtained. of a law, rule, regulation, or other standard vote of a majority of its members issue a re- (3) The subcommittee shall provide the re- of conduct applicable to the performance of port and transmit such report to the House spondent an opportunity to present, orally official duties or the discharge of official re- of Representatives, together with the re- or in writing, a statement, which must be sponsibilities by a Member, officer, or em- spondent’s views previously submitted pur- under oath or affirmation, regarding the al- ployee of the House of Representatives has suant to subparagraph (2) and any additional legations and any other relevant questions occurred. If more than one violation is al- views respondent may submit for attach- arising out of the inquiry. leged, such Statement shall be divided into ment to the final report; and (4) The staff may interview witnesses, ex- separate counts. Each count shall relate to a (d) Members of the Committee shall have amine documents and other evidence, and re- separate violation, shall contain a plain and not less than 72 hours to review any report quest that submitted statements be under concise statement of the alleged facts of transmitted to the Committee by an inves- oath or affirmation and that documents be such violation, and shall include a reference tigative subcommittee before both the com- certified as to their authenticity and accu- to the provision of the Code of Official Con- mencement of a sanction hearing and the racy. duct or law, rule, regulation or other appli- Committee vote on whether to adopt the re- (5) The subcommittee, by a majority vote cable standard of conduct governing the per- port. of its members, may require, by subpoena or formance of duties or discharge of respon- Rule 23. Respondent’s Answer otherwise, the attendance and testimony of sibilities alleged to have been violated. A (a)(1) Within 30 days from the date of witnesses and the production of such books, copy of such Statement shall be transmitted transmittal of Statement of Alleged Viola- records, correspondence, memoranda, papers, to the respondent and the respondent’s coun- tion, the respondent shall file with the inves- documents, and other items as it deems nec- sel. tigative subcommittee an answer, in writing essary to the conduct of the inquiry. Unless (f) If the investigative subcommittee does and under oath, signed by respondent and re- the Committee otherwise provides, the sub- not adopt a Statement of Alleged Violation, spondent’s counsel. Failure to file an answer poena power shall rest in the Chairman and it shall transmit to the Committee a report within the time prescribed shall be consid- Ranking Minority Member of the Committee containing a summary of the information re- ered by the Committee as a denial of each and a subpoena shall be issued upon the received in the inquiry, its conclusions and count. quest of the investigative subcommittee. reasons therefor, and any appropriate rec- (2) The answer shall contain an admission (6) The subcommittee shall require that ommendation. The Committee shall trans- to or denial of each count set forth in the testimony be given under oath or affirma- mit such report to the House of Representa- Statement of Alleged Violation and may in- tion. The form of the oath or affirmation tives. shall be: ‘‘Do you solemnly swear (or affirm) clude negative, affirmative, or alternative Rule 21. Amendments of Statements of Alleged defenses and any supporting evidence or that the testimony you will give before this Violation subcommittee in the matter now under con- other relevant information. (a) An investigative subcommittee may, sideration will be the truth, the whole truth, (b) The respondent may file a Motion for a upon an affirmative vote of a majority of its and nothing but the truth (so help you Bill of Particulars within 10 days of the date members, amend its Statement of Alleged God)?’’ The oath or affirmation shall be ad- of transmittal of the Statement of Alleged Violation anytime before the Statement of ministered by the Chairman or sub- Violation. If a Motion for a Bill of Particu- Alleged Violation is transmitted to the Com- committee member designated by the Chair- lars is filed, the respondent shall not be re- mittee; and quired to file an answer until 20 days after man to administer oaths. (b) If an investigative subcommittee (b) During the inquiry, the procedure re- the subcommittee has replied to such mo- amends its Statement of Alleged Violation, specting the admissibility of evidence and tion. the respondent shall be notified in writing rulings shall be as follows: (c)(1) The respondent may file a Motion to (1) Any relevant evidence shall be admis- and shall have 30 calendar days from the Dismiss within 10 days of the date of trans- sible unless the evidence is privileged under date of that notification to file an answer to mittal of the Statement of Alleged Violation the precedents of the House of Representa- the amended Statement of Alleged Viola- or, if a Motion for a Bill of Particulars has tive. tion. been filed, within 10 days of the date of the (2) The Chairman of the subcommittee or Rule 22. Committee Reporting Requirements subcommittee’s reply to the Motion for a other presiding member at any investigative (a) Whenever an investigative sub- Bill of Particulars. If a Motion to Dismiss is subcommittee proceeding shall rule upon committee does not adopt a Statement of Al- filed, the respondent shall not be required to any question of admissibility or pertinency leged Violation and transmit a report to that file an answer until 20 days after the sub- of evidence, motion, procedure or any other effect to the Committee, the Committee may committee has replied to the Motion to Dis- matter, and may direct any witness to an- by an affirmative vote of a majority of its miss, unless the respondent previously filed swer any question under penalty of con- members transmit such report to the House a Motion for a Bill of Particulars, in which tempt. A witness, witness’s counsel, or a of Representatives; case the respondent shall not be required to member of the subcommittee may appeal (b) Whenever an investigative sub- file an answer until 10 days after the sub- any evidentiary rulings to the members committee adopts a Statement of Alleged committee has replied to the Motion to Dis- present at that proceeding. The majority Violation but recommends that no further miss. The investigative subcommittee shall vote of the members present at such pro- action be taken, it shall transmit a report to rule upon any motion to dismiss filed during ceeding on such appeal shall govern the ques- the Committee regarding the Statement of the period between the establishment of the tion of admissibility, and no appeal shall lie Alleged Violation; and subcommittee and the subcommittee’s trans- to the Committee. (c) Whenever an investigative sub- mittal of a report to the Committee pursu- (3) Whenever a person is determined by a committee adopts a Statement of Alleged ant to Rule 20 or Rule 22, and no appeal of majority vote to be in contempt of the sub- Violation, the respondent admits to the vio- the subcommittee’s ruling shall lie to the committee, the matter may be referred to lations set forth in such Statement, the re- Committee. the Committee to determine whether to refer spondent waives his or her right to an adju- (2) A Motion to Dismiss may be made on the matter to the House of Representatives dicatory hearing, and the respondent’s waiv- the grounds that the Statement of Alleged for consideration. er is approved by the Committee— Violation fails to state facts that constitute (4) Committee counsel may, subject to sub- (1) the subcommittee shall prepare a report a violation of the Code of Official Conduct or committee approval, enter into stipulations for transmittal to the Committee, a final other applicable law, rule, regulation, or

VerDate jul 14 2003 14:24 Jan 13, 2005 Jkt 069102 PO 00000 Frm 00022 Fmt 0688 Sfmt 0634 E:\BR99\H18MY9.000 H18MY9 May 18, 1999 CONGRESSIONAL RECORD—HOUSE 9937 standard of conduct, or on the grounds that (f)(1) The adjudicatory subcommittee shall, (1) The Chairman of the subcommittee the Committee lacks jurisdiction to consider in writing, notify the respondent that the re- shall open the hearing by stating the adju- the allegations contained in the Statement. spondent and his or her counsel have the dicatory subcommittee’s authority to con- (d) Any motion filed with the sub- right to inspect, review, copy, or photograph duct the hearing and the purpose of the hear- committee pursuant to this rule shall be ac- books, papers, documents, photographs, or ing. companied by a Memorandum of Points and other tangible objects that the adjudicatory (2) The Chairman shall then recognize Authorities. subcommittee counsel intends to use as evi- Committee counsel and the respondent’s (e)(1) The Chairman of the investigative dence against the respondent in an adjudica- counsel, in turn, for the purpose of giving subcommittee, for good cause shown, may tory hearing. The respondent shall be given opening statements. permit the respondent to file an answer or access to such evidence, and shall be pro- (3) Testimony from witnesses and other motion after the day prescribed above. vided the names of witnesses the sub- pertinent evidence shall be received in the (2) If the ability of the respondent to committee counsel intends to call, and a following order whenever possible: present an adequate defense is not adversely summary of their expected testimony, no (i) witnesses (deposition transcripts and af- affected and special circumstances so re- less than 15 calendar days prior to any such fidavits obtained during the inquiry may be quire, the Chairman of the investigative sub- hearing. Except in extraordinary cir- used in lieu of live witnesses if the witness is committee may direct the respondent to file cumstances, no evidence may be introduced unavailable) and other evidence offered by an answer or motion prior to the day pre- or witness called in an adjudicatory hearing the Committee counsel, scribed above. unless the respondent has been afforded a (ii) witnesses and other evidence offered by (f) If the day on which any answer, motion, prior opportunity to review such evidence or the respondent, reply, or other pleading must be filed falls on has been provided the name of the witness. (iii) rebuttal witnesses, as permitted by a Saturday, Sunday, or holiday, such filing (2) After a witness has testified on direct the Chairman. shall be made on the first business day there- examination at an adjudicatory hearing, the (4) Witnesses at a hearing shall be exam- after. Committee, at the request of the respondent, ined first by counsel calling such witness. (g) As soon as practicable after an answer shall make available to the respondent any The opposing counsel may then cross-exam- has been filed or the time for such filing has statement of the witness in the possession of ine the witness. Redirect examination and expired, the Statement of Alleged Violation the Committee which relates to the subject recross examination may be permitted to the and any answer, motion, reply, or other matter as to which the witness has testified. Chairman’s discretion. Subcommittee mem- pleading connected therewith shall be trans- (3) Any other testimony, statement, or bers may then question witnesses. Unless mitted by the Chairman of the investigative documentary evidence in the possession of otherwise directed by the Chairman, such subcommittee to the Chairman and Ranking the Committee which is material to the re- questions shall be conducted under the five- Minority Member of the Committee. spondent’s defense shall, upon request, be minute rule. Rule 24. Adjudicatory Hearings made available to the respondent. (k) A subpoena to a witness to appear at a (g) No less than five days prior to the hear- (a) If a Statement of Alleged Violation is hearing shall be served sufficiently in ad- ing, the respondent or counsel shall provide transmitted to the Chairman and Ranking vance of that witness’ scheduled appearance the adjudicatory subcommittee with the Minority Member pursuant to Rule 23, and to allow the witness a reasonable period of names of witnesses expected to be called, no waiver pursuant to Rule 27(b) has oc- time, as determined by the Chairman of the summaries of their expected testimony, and curred, the Chairman shall designate the adjudicatory subcommittee, to prepare for copies of any documents or other evidence members of the Committee who did not serve the hearing and to employ counsel. proposed to be introduced. (l) Each witness appearing before the sub- on the investigative subcommittee to serve (h) The respondent or counsel may apply to committee shall be furnished a printed copy on an adjudicatory subcommittee. The the subcommittee for the issuance of sub- of the Committee rules, the pertinent provi- Chairman and Ranking Minority Member of poenas for the appearance of witnesses or the sions of the Rules of the House of Represent- the Committee shall be the Chairman and production of evidence. The application shall atives applicable to the rights of witnesses, Ranking Minority Member of the adjudica- be granted upon a showing by the respondent and a copy of the Statement of Alleged Vio- tory subcommittee unless they served on the that the proposed testimony or evidence is lation. investigative subcommittee. The respondent relevant and not otherwise available to re- (m) Testimony of all witnesses shall be shall be notified of the designation of the ad- spondent. The application may be denied if taken under oath or affirmation. The form of judicatory subcommittee and shall have ten not made at a reasonable time or if the testi- the oath or affirmation shall be: ‘‘Do you days after such notice is transmitted to ob- mony or evidence would be merely cumu- solemnly swear (or affirm) that the testi- ject to the participation of any sub- lative. mony you will give before this subcommittee committee member. Such objection shall be (i) During the hearing, the procedures rein the matter now under consideration will in writing and shall be on the grounds that garding the admissibility of evidence and be the truth, the whole truth, and nothing the member cannot render an impartial and rulings shall be as follows: but the truth (so help you God)?’’ The oath unbiased decision. The member against (1) Any relevant evidence shall be admis- or affirmation shall be administered by the whom the objection is made shall be the sole sible unless the evidence is privileged under Chairman or Committee member designated judge of his or her disqualification. the precedents of the House of Representa- by the Chairman to administer oaths. (b) A majority of the adjudicatory sub- tives. (n) At an adjudicatory hearing, the burden committee membership plus one must be (2) The Chairman of the subcommittee or of proof rests on Committee counsel to es- present at all times for the conduct of any other presiding member at an adjudicatory tablish the facts alleged in the Statement of business pursuant to this rule. subcommittee hearing shall rule upon any Alleged Violation by clear and convincing (c) The adjudicatory subcommittee shall question of admissibility or pertinency of evidence. However, Committee counsel need hold a hearing to determine whether any evidence, motion, procedure, or any other not present any evidence regarding any counts in the Statement of Alleged Violation matter, and may direct any witness to an- count that is admitted by the respondent or have been proved by clear and convincing swer any question under penalty of con- any fact stipulated. evidence and shall make findings of fact, ex- tempt. A witness, witness’ counsel, or a (o) As soon as practicable after all testi- cept where such violations have been admit- member of the subcommittee may appeal mony and evidence have been presented, the ted by respondent. any evidentiary ruling to the members subcommittee shall consider each count con- (d) At an adjudicatory hearing, the sub- present at that proceeding. The majority tained in the Statement of Alleged Violation committee may require, by subpoena or oth- vote of the members present at such pro- and shall determine by a majority vote of its erwise, the attendance and testimony of such ceeding on such an appeal shall govern the members whether each count has been witnesses and production of such books, question of admissibility and no appeal shall proved. If a majority of the subcommittee records, correspondence, memoranda, papers, lie to the Committee. does not vote that a count has been proved, documents, and other items as it deems nec- (3) Whenever a witness is deemed by a a motion to reconsider that vote may be essary. Depositions, interrogatories, and Chairman or other presiding member to be in made only by a member who voted that the sworn statements taken under any investiga- contempt of the subcommittee, the matter count was not proved. A count that is not tive subcommittee direction may be accept- may be referred to the Committee to deter- proved shall be considered as dismissed by ed into the hearing record. mine whether to refer the matter of the (e) The procedures set forth in clause 2(g) the subcommittee. House of Representatives for consideration. (p) The findings of the adjudicatory sub- and (k) of Rule XI of the Rules of the House (4) Committee counsel may, subject to the committee shall be reported to the Com- of Representatives shall apply to adjudica- subcommittee approval, enter into stipula- mittee. tory hearings. All such hearings shall be tions with the respondent and/or the re- open to the public unless the adjudicatory spondent’s counsel as to facts that are not in Rule 25. Sanction Hearing and Consideration of subcommittee, pursuant to such clause, de- dispute. Sanctions or Other Recommendations termines that the hearings or any part (j) Unless otherwise provided, the order of (a) If no count in a Statement of Alleged thereof should be closed. an adjudicatory hearing shall be as follows: Violation is proved, the Committee shall

VerDate jul 14 2003 14:24 Jan 13, 2005 Jkt 069102 PO 00000 Frm 00023 Fmt 0688 Sfmt 0634 E:\BR99\H18MY9.000 H18MY9 9938 CONGRESSIONAL RECORD—HOUSE May 18, 1999 prepare a report to the House of Representa- Rule 26. Disclosure of Exculpatory Information (2) the commencement of an adjudicatory tives, based upon the report of the adjudica- to Respondent hearing if the respondent has not waived an tory subcommittee. If the Committee, or any investigative or adjudicatory hearing; but the failure of re- (b) If an adjudicatory subcommittee com- adjudicatory subcommittee at any time respondent and his counsel to so agree in writ- pletes an adjudicatory hearing pursuant to ceives any exculpatory information respecting, and therefore not receive the evidence, Rule 24 and reports that any count of the ing a Complaint or Statement of Alleged shall not preclude the issuance of a State- Statement of Alleged Violation has been Violation concerning a Member, officer, or ment of Alleged Violation at the end of the proved, a hearing before the Committee shall employee of the House of Representatives, it period referenced to in (c). be held to receive oral and/or written sub- shall make such information known and (g) A respondent shall receive written no- missions by counsel for the Committee and available to the Member, officer, or em- tice whenever— counsel for the respondent as to the sanction ployee as soon as practicable, but in no event (1) the Chairman and Ranking Minority the Committee should recommend to the later than the transmittal of evidence sup- Member determine that information the House of Representatives with respect to porting a proposed Statement of Alleged Vio- Committee has received constitutes a com- such violations. Testimony by witnesses lation pursuant to Rule 27(c). If an investiga- plaint; shall not be heard except by written request tive subcommittee does not adopt a State- (2) a complaint or allegation is transmitted to an investigative subcommittee; and vote of a majority of the Committee. ment of Alleged Violation, it shall identify (3) that subcommittee votes to authorize (c) Upon completion of any proceeding held any exculpatory information in its posses- its first subpoena or to take testimony under sion at the conclusion of its inquiry and pursuant to clause (b), the Committee shall oath, whichever occurs first; and consider and vote on a motion to recommend shall include such information, if any, in the (4) the Committee votes to expand the to the House of Representatives that the subcommittee’s final report to the Com- scope of the inquiry of an investigative sub- House take disciplinary action. If a majority mittee regarding its inquiry. For purposes of committee. of the Committee does not vote in favor of this rule, exculpatory evidence shall be any (h) Whenever an investigative sub- the recommendation that the House of Rep- evidence or information that is substantially committee adopts a Statement of Alleged resentatives take action, a motion to recon- favorable to the respondent with respect to Violation and a respondent enters into an sider that vote may be made only by a mem- the allegations or charges before an inves- agreement with that subcommittee to settle ber who voted against the recommendation. tigative or adjudicatory subcommittee. a complaint on which the Statement is The Committee may also, by majority vote, Rule 27. Rights of Respondents and Witnesses based, that agreement, unless the respondent adopt a motion to issue a Letter of Reproval (a) A respondent shall be informed of the requests otherwise, shall be in writing and or take other appropriate Committee action. right to be represented by counsel, to be pro- signed by the respondent and the respond- (d) If the Committee determines a Letter vided at his or her own expense. ent’s counsel, the Chairman and Ranking Mi- of Reproval constitutes sufficient action, the (b) A respondent may seek to waive any nority Member of the subcommittee, and the Committee shall include any such letter as a procedural rights or steps in the disciplinary outside counsel, if any. part of its report to the House of Representa- process. A request for waiver must be in (i) Statements or information derived sole- tives. writing, signed by the respondent, and must ly from a respondent or his counsel during (e) With respect to any proved counts detail what procedural steps the respondent any settlement discussions between the against a Member of the House of Represent- seeks to waive. Any such request shall be Committee or a subcommittee thereof and atives, the Committee may recommend to subject to the acceptance of the Committee the respondent shall not be included in any the House one or more of the following sanc- or subcommittee, as appropriate. report of the subcommittee or the Com- tions: (c) Not less than 10 calendar days before a mittee or otherwise publicly disclosed with- (1) Expulsion from the House of Represent- scheduled vote by an investigative sub- out the consent of the respondent; atives. committee on a Statement of Alleged Viola- (j) Whenever a motion to establish an in- (2) Censure. tion, the subcommittee shall provide the re- vestigative subcommittee does not prevail, (3) Reprimand. spondent with a copy of the Statement of Al- the Committee shall promptly send a letter (4) Fine. leged Violation it intends to adopt together to the respondent informing him of such (5) Denial or limitation of any right, with all evidence it intends to use to prove vote. power, privilege, or immunity of the Member those charges which it intends to adopt, in- (k) Witnesses shall be afforded a reason- if under the Constitution the House of Rep- cluding documentary evidence, witness testi- able period of time, as determined by the resentatives may impose such denial or limi- mony, memoranda of witness interviews, and Committee or subcommittee, to prepare for tation. physical evidence, unless the subcommittee an appearance before an investigative sub- (6) Any other sanction determined by the by an affirmative vote of a majority of its committee or for an adjudicatory hearing Committee to be appropriate. members decides to withhold certain evi- and to obtain counsel. (l) Except as otherwise specifically author- (f) With respect to any proved counts dence in order to protect a witness, but if ized by the Committee, no Committee mem- against an officer or employee of the House such evidence is withheld, the subcommittee ber or staff member shall disclose to any per- of Representatives, the Committee may rec- shall inform the respondent that evidence is being withheld and of the count to which son outside the Committee the name of any ommend to the House one or more of the fol- witness subpoenaed to testify or to produce lowing sanctions: such evidence relates. (d) Neither the respondent nor his counsel evidence. (1) Dismissal from employment. shall, directly or indirectly, contact the sub- (m) Prior to their testimony, witness shall (2) Reprimand. committee or any member thereof during be furnished a printed copy of the Commit- (3) Fine. the period of time set forth in paragraph (c) tee’s Rules of Procedure and the provisions (4) Any other sanction determined by the except for the sole purpose of settlement dis- of the Rules of the House of Representatives Committee to be appropriate. cussions where counsels for the respondent applicable to the rights of witnesses. (g) With respect to the sanctions that the and the subcommittee are present. (n) Witnesses may be accompanied by their Committee may recommend, reprimand is (e) If, at any time after the issuance of a own counsel for the purpose of advising them appropriate for serious violations, censure is Statement of Alleged Violation, the Com- concerning their constitutional rights. The appropriate for more serious violations, and mittee or any subcommittee thereof deter- Chairman may punish breaches of order and expulsion of a Member or dismissal of an of- mines that it intends to use evidence not decorum, and of professional responsibility ficer or employee is appropriate for the most provided to a respondent under paragraph (c) on the part of counsel, by censure and exclu- serious violations. A recommendation of a to prove the charges contained in the State- sion from the hearings; and the Committee fine is appropriate in a case in which it is ment of Alleged Violation (or any amend- may cite the offender to the House of Rep- likely that the violation was committed to ment thereof), such evidence shall be made resentatives for contempt. secure a personal financial benefit; and a immediately available to the respondent, (o) Each witness subpoenaed to provide tes- recommendation of a denial or limitation of and it may be used in any further proceeding timony of other evidence shall be provided a right, power, privilege, or immunity of a under the Committee’s rules. such travel expenses as the Chairman con- Member is appropriate when the violation (f) Evidence provided pursuant to para- siders appropriate. No compensation shall be bears upon the exercise or holding of such graph (c) or (e) shall be made available to authorized for attorney’s fees or for a wit- right, power, privilege, or immunity. This the respondent and his or her counsel only ness’ lost earnings. clause sets forth general guidelines and does after each agrees, in writing, that no docu- (p) With the approval of the Committee, a not limit the authority of the Committee to ment, information, or other materials ob- witness, upon request, may be provided with recommend other sanctions. tained pursuant to that paragraph shall be a transcript of his or her deposition or other (h) The Committee report shall contain an made public until— testimony taken in executive session, or, appropriate statement of the evidence sup- (1) such time as a Statement of Alleged with the approval of the Chairman and porting the Committee’s findings and a Violation is made public by the Committee if Ranking Minority Member, may be per- statement of the Committee’s reasons for the respondent has waived the adjudicatory mitted to examine such transcript in the of- the recommended sanction. hearing; or fice of the Committee. Any such request

VerDate jul 14 2003 14:24 Jan 13, 2005 Jkt 069102 PO 00000 Frm 00024 Fmt 0688 Sfmt 0634 E:\BR99\H18MY9.000 H18MY9 May 18, 1999 CONGRESSIONAL RECORD—HOUSE 9939 shall be in writing and shall include a state- Mr. Speaker, I appreciate the excit- in conference. However, some of those ment that the witness, and counsel, agree to ing debate that took place as we con- items that were added that were non- maintain the confidentiality of all executive sidered the rule. During that exciting emergency, that came from the other session proceedings covered by such tran- debate, one comment struck me that I body, and were offset. They were not script. thought I really should comment on. It new money. They were not emergency Rule 28. Frivolous Filings was the comment about having made money. They are offset. If a complaint or information offered as a these decisions in the dark of the What does this bill do? Whether we complaint is deemed frivolous by an affirma- night. declared a war or not, whether Mem- tive vote of a majority of the members of the Yes, Mr. Speaker, we did work in the Committee, the Committee may take such bers approve of what is happening in action as it, by an affirmative vote of its dark of the night, because we worked the Balkans or not, the truth of the members, deems appropriate in the cir- for 3 full days and 3 long nights, one matter is that American forces are cumstances. night going to as late as 1:30 in the fighting a war in and over Kosovo and Rule 29. Referrals to Federal or State morning, and the final night we went Serbia, and that war is very expensive. Authorities to approximately 10:30. So yes, we did, The President has asked us to provide Referrals made under clause 3(a)(3) of Rule we worked all day, and we worked all money not only to replace the muni- XI of the Rules of the House of Representa- night to resolve the many differences tions that are being used, to replace tives may be made by an affirmative vote of that existed between the House and the spare parts that are necessary to two-thirds of the members of the Committee. Senate. keep our airplanes flying, but the truth f But in the conference room, it was of the matter is it is a great expense to very bright. It was very bright because REMOVAL OF NAME OF MEMBER fight this war. the television cameras were in that AS COSPONSOR OF H.R. 692 Mr. Speaker, our forces are stretched room to record every word that was very thin in order to fight this war. Mr. TANCREDO. Mr. Speaker, I ask said in a live telecast. So the truth of This bill provides a lot of the money unanimous consent to remove the the matter is, while it might have been that is needed to recover the wearing name of the gentleman from Wisconsin dark on the clock, anybody that want- down of our forces, the wearing down of (Mr. GREEN) from the list of cosponsors ed to watch the television was able to our troops, the wearing down of our for my bill, H.R. 692. The gentleman see everything said and done. That was equipment. from Wisconsin’s name was placed on a first, the first time we had done that, The first supplemental we passed was the list in error. when we did the conference committee an emergency to deal with Hurricane The SPEAKER pro tempore. Is there in front of live TV. Mitch disaster in Central America. We objection to the request of the gen- I want to pay a special tribute to funded all of that at the request of the tleman from Colorado? every one of the conferees on the House President. Also, the President had There was no objection. side. We had some differences, Mr. asked for $152 million for agricultural Speaker, but we worked them out as f emergencies in our own country. We Members of Congress in a very logical CONFERENCE REPORT ON H.R. 1141, not only did what the President asked and very respectful way. 1999 EMERGENCY SUPPLE- I want to especially compliment the for but we increased it by $422 million, MENTAL APPROPRIATIONS ACT at the request of those who have re- gentleman from Wisconsin (Mr. OBEY), Mr. YOUNG of Florida. Mr. Speaker, the leader of the minority party in the sponsibility for agriculture programs pursuant to House Resolution 173, I conference. Again, we had differences, in this Congress. call up the conference report on the but the gentleman from Wisconsin (Mr. After we passed the bills in the House and went to conference, there was a bill (H.R. 1141) making emergency sup- OBEY) helped to make this procedure plemental appropriations for the fiscal work. He believes in the institution, as terrible tragedy in Oklahoma. We year ending September 30, 1999, and for do I, and as do most of our Members in added additional money to FEMA to other purposes. this House. take care of tragedies like in Okla- The Clerk read the title of the bill. We did come up with a conference re- homa and other tragedies in the United The SPEAKER pro tempore. Pursu- port that I would be willing to stand States of America. ant to House Resolution 173, the con- here and make a speech against, just Mr. Speaker, we have a good bill ference report is considered as having like other Members have done during here. It is not a clean as the bills that been read. consideration of the rule, because there were passed in the House originally, (For conference report and state- are things in this bill that I did not but we had to go to conference. We had ment, see proceedings of the House of want to be here. to deal with the other body. So the bill May 14, 1999 at page H3175.) But when we go to conference, for is not as clean as we would like, but it The SPEAKER pro tempore. The gen- any Member who has ever gone to con- is a good bill. It deserves our support. tleman from Florida (Mr. YOUNG) and ference with the Senate, we understand It addresses the real emergencies that the gentleman from Wisconsin (Mr. that there is give and take. We got ba- exist today that Americans have a OBEY) each will control 30 minutes. sically what the House asked for in the great interest in. The Chair recognizes the gentleman two supplementals that we sent to con- As I said, those items that are not from Florida (Mr. YOUNG). ference. The Senate added a lot of rid- emergencies are offset. I will say that GENERAL LEAVE ers. We took off most of those riders, again: Those matters included in this Mr. YOUNG of Florida. Mr. Speaker, and the ones that were left, we watered bill that are not emergencies are off- I ask unanimous consent that all Mem- down. They are not nearly as bad as set. bers may have 5 legislative days within some of the speakers would have us be- Mr. Speaker, the House passed this bill and which to revise and extend their relieve they are. the Kosovo bill in clean forms that included marks on the conference report to ac- Mr. Speaker, we need to emphasize $14.303 billion in spending including $1.855 in company H.R. 1141, and that I may in- what is good about this bill. The ques- advance appropriations. The conference report clude tabular and extraneous material. tion was raised, how did we get to this that we have brought back has $15.144 billion The SPEAKER pro tempore. Is there number of $15 billion of spending. We in spending including $1.91 in advance appro- objection to the request of the gen- got to this number, Mr. Speaker, be- priations. The major increases are: $900 mil- tleman from Florida? cause we added two supplementals to- lion for FEMA, $422 million additional for aid There was no objection. gether. Together, those two to American farmers, $71 for additional migra- supplementals, as they passed the tion and refugee assistance, $70 million for b 1845 House with overwhelming numbers, the U.S. Emergency Refugee and Migration Mr. YOUNG of Florida. Mr. Speaker, were over $14 billion. Assistance Fund, $149 million additional for I yield myself such time as I may con- The truth of the matter is, we did food aid, $45 million for Assistance to Eastern sume. add some additional money to this bill Europe and the Balkan States, $45 million for

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VerDate jul 14 2003 14:24 Jan 13, 2005 Jkt 069102 PO 00000 Frm 00038 Fmt 0688 Sfmt 9600 E:\BR99\H18MY9.000 H18MY9 G:\GRAPHICS\EH18MY99.011 May 18, 1999 CONGRESSIONAL RECORD—HOUSE 9953 Mr. Speaker, I reserve the balance of Last year, for instance, in October, I think it is a further outrage that my time. after going through a year-long cha- this crucial decision is being made on Mr. OBEY. Mr. Speaker, I yield my- rade, we wound up adding $22 billion to an emergency appropriation, brought self 10 minutes. spending above the amounts allowed in to the floor primarily for a military ac- Mr. Speaker, first of all, I do want to the budget resolution, and now this bill tion in Europe and hurricane relief in compliment my friend, the gentleman adds more than $14 billion to that. Central America. There were no hear- from Florida, the distinguished chair- That means that we have a total of $37 ings or the normal opportunities to de- man of the committee. I do not think billion that will be spent in this fiscal bate this issue. The Committee on much of the product that the com- year above the level that would be al- Commerce that has jurisdiction over mittee brought forth, but I do want to lowed by those so-called budget caps. this entitlement spending was not even say that it was obvious to everyone in Example: We have $5 billion in mili- involved in the decision. that conference that he, as chairman of tary spending above and beyond the In addition, as the gentleman from the conference, handled it extremely amount needed to pursue the war in Florida (Mr. DEUTSCH) has pointed out, well. He was absolutely, totally fair Kosovo. Why do we have that? I will there are three anti-environmental rid- with everyone, and sometimes that tell the Members why. In conference, ers contained in this bill. One, the took a lot of patience. I think that he the chairman of the Committee on the crown jewel, is a mine provision. One did the House proud and the committee Budget from the other body revealed blocks new rules on determining the proud in the way he conducted that op- the game plan. He told the conference value of crude oil which is extracted eration. that we had to pour as many dollars as from taxpayer-owned public lands. Mr. Speaker, I think there is a lot possible into this bill because it will be That provision costs taxpayers $75 mil- that is good in this bill. It is far from labeled an emergency and will not lion. And we also have a provision in the worst bill that the House has ever count against the spending limits, or this bill which prevents the updating of produced. But I am going to vote no, else, he said, the spending caps, which ancient rules on hardrock mining, and I want to tell the Members why. his own committee imposed on this Some of the good things in it, it fi- something which this committee in my House just a month ago, would not nally, after a considerable delay, is view had no business doing, as well. work, in his words, not mine. providing much needed help to our Lastly, it adds, again, to the men- Members will be told that there is no American farmers who suffered crop dacity of the process as a sop to some military pork in this bill. That is damage as well as collapsing prices. It of the budget hawks in this House be- largely true. It is not fully true, but it is finally producing action to help re- cause it pretends to pay for some of the is largely true. But the real point is cover from the horrible hemispheric costs associated with this bill, such as that on the military side, this bill weather that we had in Hurricane the hurricane in this hemisphere, by Mitch. shovels a lot of regular items into a so- cutting $1.2 billion out of food stamps. called emergency bill. That means that We no longer have the threats to the b 1900 it frees up, in essence, about $5 billion IFIs, the international financial insti- The fact is those cuts save not $1, be- tutions, that were represented by the worth of room for pork in the defense appropriation bill which will shortly cause that money would never have original offsets in this bill, and this bill been spent, even if the committee had no longer threatens our ability to con- follow. That is the problem. not touched it. So despite those cuts, clude a negotiation with Russia on the Secondly, and perhaps the worst and because the food stamps are required disposal of weapons-grade plutonium, a most expensive provision in this bill, is by law to be paid at whatever level provision which unwisely was included an amendment to the Medicaid law, that the demand requires, if in fact in the original House bill. which is not even in the Committee on It also eliminated a number of riders Appropriations’ jurisdiction, which will there is additional demand for that that should have not been in this bill allow State governments over the program, the Federal Government will in the first place. I am pleased about course of the next 25 years to keep $150 have to pay out additional money. So that. But there are a number of things billion in Federal funds with no re- there is no saving whatsoever to be had in this bill still that should not be quirement whatsoever that those funds by that offset. I think it adds further here. be used for health. to the general disingenuousness which As I said in the conference, my main Under existing law, the Federal Gov- generally accompanies the overall problem with this bill is that it is a ernment pays more than half of the budget process. symbol of the mendacity that domi- cost of State Medicaid programs. In re- So as I said earlier, we have passed nates the Federal budget process. We turn, that law requires the States to worse bills. This one bothers me more have a two-tier system for determining act as the principal agent for both than most because war is being used as budgets in the Congress. In the spring themselves and the Federal Govern- an excuse to, on a number of occasions we adopt a budget resolution produced ment in recovering overpayments and in this bill, rip off the taxpaying pub- by the Committee on the Budget. That collecting payments from third parties lic. It is also being used as a vehicle by establishes overall spending levels, and when they are liable for care that has which we will ignore the health care it is largely political in nature. As a re- been paid for by the Medicaid system. needs of millions of Americans. It adds sult, in my view, those numbers are But this emergency bill rewrites that to the phoniness of the budget process highly unrealistic, and have been for longstanding provision of law. Federal overall. years. funds that have been recovered by I think we can do better; and until Then we have a second level that has States in recent tobacco legislation we do, I will vote no. I recognize that to take over in the process, represented can be retained totally by States and there will not be very many no votes by the Committee on Ways and Means used for whatever purposes the various cast against this provision. But I think and the Committee on Appropriations. Governors and legislatures deem appro- in defense of the integrity of the budg- Those committees are then asked to priate, even though those funds were et process, what little there is left of produce real pieces of legislation under recovered for health reasons, and in my it, I am at least going to vote no. the guidelines set by the Committee on view should be used by the States if Mr. Speaker, I include the following the Budget. they keep the money in order to deal article for the RECORD: The problem is that because the first with health problems. [From the Washington Post, May 18, 1999] set of numbers are not real, we are The Federal funds involved would be MEDICAL OUTCASTS: DOES ANYONE CARE? then, for the remainder of the year in sufficient to expand health care cov- (By David S. Broder) the appropriations process, forced to erage to millions of Americans who are It is quite a trick for something to grow engage in accounting tricks in order to presently not under Medicaid and have larger and at the same time become more in- find the votes to pass various appro- no form of insurance, but this con- visible. But that is what’s happening to the priation bills. ference report precludes that. health care problem in the United States.

VerDate jul 14 2003 14:24 Jan 13, 2005 Jkt 069102 PO 00000 Frm 00039 Fmt 0688 Sfmt 0634 E:\BR99\H18MY9.000 H18MY9 9954 CONGRESSIONAL RECORD—HOUSE May 18, 1999 The greater the number of people without who get the bulk of their income from these It provides resources to our service- medical insurance, the less the politicians companies gave up only half as much of their men and women who work so hard to want to talk about it—let alone deal with it. time to charity. As cost-containment pres- defend this country who we ask to go In 1992, when the plight of the uninsured sures increase, the uninsured face ever great- to the far points of this Earth to defend became a major issue in the presidential er medical risks. campaign, there were 38 million non-covered In language that is remarkably calm, given American interests. It provides nec- Americans below Medicare age. Five years the contents of their report, the authors con- essary relief to our farmers who have later, according to a report released last clude, ‘‘The accelerating decline in health been devastated by an ailing farm week, the number has grown by 5 million. insurance coverage in the United States is a economy. These farmers put food on And the rate of increase is accelerating, from serious problem, affecting the financial secu- the tables of American people, and an average of half a million annually in the rity and health of millions of Americans they deserve the support of the Amer- first two years to an average of 1.2 million every day. * * * Despite strong economic ican people. annually in the three most recent years. growth and low unemployment, employer- It helps our neighbors to the south But last week, when the National Coalition sponsored health insurance coverage has on Health Care, a bipartisan group headed by continued to erode throughout the past dec- who were devastated by Hurricane former presidents Bush, Carter and Ford, put ade.’’ Mitch and our citizens in the Midwest out its latest report on ‘‘The Erosion of When more and more Americans cannot who were devastated by vicious tor- Health Insurance Coverage in the United pay their own medical bills, it threatens the nados. States,’’ it barely made a ripple. Monica quality of health care that those with insur- Mr. Speaker, we are elected to Con- Lewinsky’s appearance on ‘‘Saturday Night ance receive. Cost, quality and access are gress to represent our constituents, but Live’’ drew more coverage than the fact that linked as inextricably today as they were we are also elected to serve the Amer- in the most recent year cited by the report, when the Clintons took their unsuccessful ican people. This legislation fulfills our run at the problem six years ago. 1.7 million Americans were added to the constitutional duties to provide for the ranks of the uninsured. You’d think it would be an issue every Why is this happening? The report’s au- presidential candidate would address. In- common defense, to promote the gen- thors, Steven Findlay and Joel Miller—who stead, what we hear is silence. The last sen- eral welfare, and to secure the bless- had the assistance of Tulane University’s tence in the report is: ‘‘We continue to ig- ings of liberty for the American people. Kenneth Thorpe, probably the country’s nore this problem at our peril.’’ And yet, we I urge my colleagues to support it. leading authority on this question—say the continue to ignore it. Mr. OBEY. Mr. Speaker, I yield 3 legions of the uninsured are rising because of Mr. Speaker, I reserve the balance of minutes to the distinguished gentle- fundamental economic and demographic my time. woman from California (Ms. PELOSI), forces, which, by themselves, are certain to Mr. YOUNG of Florida. Mr. Speaker, the ranking member of the Sub- make the problem worse. The authors say that ‘‘even if the rosy economic conditions I am very happy to yield such time as committee on Foreign Operations, Ex- prevalent since 1992 prevail for another dec- he may consume to the very distin- port Financing and Related Programs. ade, a projected 52 million to 54 million non- guished gentlemen from Illinois (Mr. Ms. PELOSI. Mr. Speaker, I thank elderly Americans—one in five—will be unin- HASTERT), the Speaker of the House, the gentleman from Wisconsin for sured in 2009.’’ If a recession occurs, that who was a solid, strong leader through- yielding me this time and, as always, number likely will jump to 61 million—one out this entire effort. I thank him very for his extraordinary leadership and in four. much for the strength that he had now on this bill as well. Most of the uninsured have jobs, but in- added to the process. Mr. Speaker, I think my colleagues creasingly, they work in small businesses or Mr. HASTERT. Mr. Speaker, I thank would have all been very proud of the in service sectors that either do not cover employees or require them to pay so much the gentleman from Florida for yield- distinguished gentleman from Florida for health insurance that they cannot afford ing me this time. (Chairman YOUNG) as he chaired the it. The growing numbers of self-employed, Mr. Speaker, I rise in support of this conference on this bill, for this emer- part-timers and contract workers swell the conference report, and I urge my col- gency supplemental bill. He rep- totals. leagues to support it. I want to con- resented our House with great dignity It is a double whammy. Between 1996 and gratulate the gentleman from Florida and great humor and great patience, 1998, the percentage of small firms (with (Chairman YOUNG) for his hard work on and we all commended him for that. fewer than 200 employees) offering health in- this good piece of legislation. I also Of course we are always proud of the surance dropped from 59 percent to 54 percent. On average, their employees were re- want to congratulate the other chair- gentleman from Wisconsin (Mr. OBEY) quired to pay almost half (44 percent) of the men of the subcommittees that had ju- and his advocacy for his point of view, policy premiums for themselves and their risdiction. a point of view that many of us share. families. Faced with those costs, more work- I want to extend my congratulations In saying the compliments that I ers are declining health insurance. to the gentleman from Wisconsin (Mr. have extended to the chairman, it The economic changes are exacerbated by OBEY), who just spoke a minute ago. He makes me all the more reluctant to demographics. Minorities—who have higher certainly has his views on this bill; but rise in opposition to this bill. Certainly unemployment rates and tend to work in if it was not for his work and coopera- it is about time for us to provide the lower-wage jobs—are twice as likely to be uninsured as whites; as the minority’s per- tion, we would not have the bill today, emergency funding for the victims of centage of the population increases, so will so I thank him for that. the hurricanes in Central America. It this problem. This has been a rough road to travel. is 7 months since those hurricanes Even government policy is adding to the Many of the competing interests have struck, and they exacted the worst nat- crisis. The welfare reform bill of 1996 sup- struggled mightily to be included in ural disaster in this century in this posedly provided a Medicaid cushion for this legislation. As the gentleman from hemisphere. Here we are 7 months later women making the transition from welfare Wisconsin just got done laying out the finally coming to the floor, but, halle- to work. But, as the authors report, ‘‘there litany of some of them, we find that lujah, here we are. are strong early signs that many former wel- It does provide assistance to our fare recipients are not gaining coverage at most of those had come from the Sen- new jobs and that those dropping off the wel- ate. farmers and FEMA for the devastation fare rolls are losing Medicaid coverage.’’ In So we worked hard to make sure that in our own Midwest and Oklahoma and New York State, for example, the number of we could provide a bill that was fo- Kansas. But I object to the fact that Medicaid enrollees dropped by 300,000 be- cused on the issues at hand, true issues that emergency assistance must be off- tween 1995 and 1998, but in the same three of emergency, and that we would get set. years the number of uninsured rose by back in return a bill that would be fo- This is an emergency supplemental 450,000. cused on the true issues of emergency. bill. Of its nature, it does not need to The study also notes that it is increasingly But it is not the time to fight for spe- be offset. Part of my opposition to the difficult for the uninsured to get health care. In one survey of more than 10,000 doctors, cial interests. It is the time for Con- bill springs from the fact that we are those receiving no income from managed gress to promote the national inter- making the exception for these disas- care companies reported spending about 10 ests. This bill serves, in my opinion, ters in our own hemisphere while we hours a month treating indigents. But those the national interests. are spending billions of dollars; and I

VerDate jul 14 2003 14:24 Jan 13, 2005 Jkt 069102 PO 00000 Frm 00040 Fmt 0688 Sfmt 0634 E:\BR99\H18MY9.000 H18MY9 May 18, 1999 CONGRESSIONAL RECORD—HOUSE 9955 do not think that should be offset ei- Mr. OBEY. Mr. Speaker, may I in- some extent, above and beyond the ther, I fully support the spending that quire as to how much time is remain- President’s basic requests, we have we are doing in Kosovo. How is it off- ing on each side. added $4.74 billion to address critical set? By nearly $1 billion in cuts in food The SPEAKER pro tempore (Mr. shortfalls in a number of areas that in- stamps and $350 million in section 8 THORNBERRY). The gentleman from clude items like munitions, where housing. Wisconsin (Mr. OBEY) has 17 minutes there is $250 million to replace muni- I take the word of my colleagues remaining. The gentleman from Flor- tions that have been used and are in when we say that this will not have an ida (Mr. YOUNG) has 211⁄2 minutes re- short supply; rapid response procure- impact on the delivery of food stamps maining. ments in the amounts of $300 million; and housing, nutrition and housing for Mr. YOUNG of Florida. Mr. Speaker, and operation and maintenance funds the poor people in our country, and I am proud to yield 3 minutes to the in the amount of $2.35 billion. The O&M that this is excess funds appropriated, very distinguished gentleman from funding includes needed funds for spare uncommitted funds that will not be California (Mr. LEWIS), chairman of the parts and depot maintenance, items spent this year. I understand that, and Subcommittee on Defense of the Com- that are critical to our forces being I respect that. mittee on Appropriations. able to carry out their mission. But I do not understand why we have Mr. LEWIS of California. Mr. Speak- I must say, Mr. Speaker, one of the to go to that pot. Certainly there is er, I very much appreciate the gen- messages we are sending here to our other uncommitted appropriated funds. tleman from Florida yielding to me. troops that is especially important in- There are other appropriated uncom- Mr. Speaker, I rise first to express volves the advanced funding of pay admitted funds we can go to without my deep appreciation to both the gen- justments for the troops. That essen- sending a message that, not only do we tleman from Florida (Chairman YOUNG) tially tells them in clear terms that take exception to offset funding for and the gentleman from Wisconsin (Mr. the House is not only supporting their hurricane disasters in our own hemi- OBEY), the ranking member. They have effort in Kosovo, but intends to con- sphere and in Central America and off- shepherded this bill through a very dif- tinue to support their service for the set it from the poorest of the poor ac- ficult process and I must say they re- country as long as it might continue in count in our country, there should flected the will of the House in an espe- the months and the years ahead. That have been a better place for the offsets cially effective manner as we dealt portion of the bill, Mr. Speaker, came if we needed them in the first place. with the other body. to us with great support and coopera- Then I support, of course, the sub- As has been described here, this bill tion of the authorizing committee, and stantial assistance to refugees. But, has been merged with the earlier emer- I want to thank those members of the again, we are talking about spending so gency bill that passed the House. There Armed Services Committee who also much more money that is not an emer- has been a good deal of concern about provided us with their assistance gency. additions placed on that original bill. I throughout this process. In closing, I The gentleman from Ohio (Mr. REG- must say first and foremost that the strongly urge all members, on both ULA) did a great job on the riders, but chairman and the ranking member sides of the aisle, to support this bipar- not a complete job. I urge my col- worked very hard to play a role in tisan, essential bill. leagues to vote no on the supple- eliminating the most egregious of Mr. OBEY. Mr. Speaker, I yield such mental. those problems from the other body. time as he may consume to the gen- Mr. YOUNG of Florida. Mr. Speaker, In the meantime, they provided a tleman from California (Mr. GEORGE I yield myself 1 minute. very important leadership role in mak- MILLER). Mr. Speaker, I take this additional ing sure that our efforts, especially rel- Mr. GEORGE MILLER of California. minute to respond to the comments of ative to Kosovo, remain very, very Mr. Speaker, I rise in strong opposition the gentlewoman from California (Ms. clean. As these items dealing with to the supplemental spending bill. PELOSI) about Hurricane Mitch. Imme- funding for national defense left the Mr. Speaker, as we prepare to vote on the diately upon the incident of that hurri- House, they return to the House—a Conference Report to provide spending for cane, America responded to Central clean product. military aid and hurricane disaster relief, Mem- America. We sent our military forces This bill is committed to funding our bers should be aware of a thus far successful there quickly. They saved lives. They effort in Kosovo. While it does not pro- effort by the mining industry and its supporters pulled people out of the swollen rivers, vide all the funding that I might have in the Other Body to include in the conference out of mud slides. They brought pota- called for and as was reflected in the report yet another anti-environmental rider. ble water so people could have some- work of the initial bill that passed the This time, the rider would stop the Secretary thing to drink or cook with. They pro- House, it remained a clean bill; and it of the Interior from properly carrying out his vided sanitary conditions. So the demonstrates our commitment to mak- duties under the 1872 Mining Law by allowing United States responded immediately. ing sure that our men and women who mining companies to claim an unlimited num- The supplemental request did not are in harm’s way are adequately sup- ber of acres of public land for waste disposal. come from the administration until ported in that effort. The issue arose from a March 25, 1999, much later following that disaster. Ac- We do have within the Kosovo part of joint decision by the U.S. Departments of Inte- tually, there was some delay in getting this package a total of almost $11 bil- rior and Agriculture denying a large open-pit, to conference on the Hurricane Mitch lion worth of funding for defense pur- cyanide-leach gold mine in eastern Wash- bill, but we combined the two bills, the poses, an amount that is in excess of ington State which had illegally claimed hun- Mitch bill and the Kosovo bill, into one that which the President requested, dreds of acres of public land as ‘‘millsites.’’ supplemental so that we were not but an amount that is very apparent is Millsite claims were originally intended for spending all of our time dealing with needed by our military for our national structures to process the mined ore from the supplementals every week. That is the defense. mineral claims; now they are usually used to reason for some delay. As we move into the months ahead, dump waste rock and tailings (what’s left after I would like to say to the gentle- none of us can predict what the cost the mineral has been extracted). woman that the gentleman from Flor- might be. But this bill is a reflection of To be valid, millsites cannot contain a valu- ida (Mr. DIAZ-BALART) has been all over the fact that the House wants to make able mineral. The mining law holds that mill- my case ever since we filed that first sure that adequate funding is present site claims are limited to 5 acres in size and supplemental to get it done. So I say to no matter how long the war itself may allows only one 5-acre millsite claim per min- the gentlewoman, it is completed. It is extend itself. eral claim. Before the March 25th decision here today. Vote for it, and the money Beyond the President’s request, there mining companies were often permitted, albeit will begin to flow. are a number of critical items that are illegally, as many millsite claims as they need- Mr. Speaker, I reserve the balance of necessary and that have been provided ed, no matter how many mineral claims they my time. for in this bill. To illustrate that to had. And the modern mining industry generally

VerDate jul 14 2003 14:24 Jan 13, 2005 Jkt 069102 PO 00000 Frm 00041 Fmt 0688 Sfmt 9920 E:\BR99\H18MY9.001 H18MY9 9956 CONGRESSIONAL RECORD—HOUSE May 18, 1999 needs many more millsite claims than mineral operate a cyanide leaching pit mine to Mr. OBEY. Mr. Speaker, I yield 2 claims. Since this decision to fully and consist- spread its waste over hundreds of acres minutes to the distinguished gen- ently enforce the law, 5 acres of millsite claim of public land, threaten the county’s tleman from North Carolina (Mr. waste disposal space is all that is available water supply, and threaten tribal PRICE). per mineral claim. lands. Mr. YOUNG of Florida. Mr. Speaker, The decision by the Department of the Inte- It orders the Interior Department not I yield 1 minute to the gentleman from rior is significant because of the precedent it to enforce the 1872 mining law. There is North Carolina (Mr. PRICE). sets—enforcing a provision of the 1872 Mining no doubt that that mining law needs to Mr. PRICE of North Carolina. Mr. Law that limits the amount of public land, adja- be reformed. It is much too generous to Speaker, I am concerned that one of cent to mines, which can be used to dump the mining companies. However, the the offsets being used in this bill is $350 waste from mining. solution is comprehensive reform of million from the Section 8 housing pro- With enforcement, the decision gives federal the law. It is clearly wrong to suspend gram. I understand that these are mon- land managers the right to deny mine permits part of the law to allow more dumping ies that are not expected to be spent that propose to dump excessive amounts of of wastes, and the mechanism is hardly this year. But the future use of these mine wastes on valuable public lands and it an emergency appropriations bill. funds was considered when HUD calculated how much to request for fiscal may make economically marginal ore deposits b 1915 unprofitable to develop. 2000. The space required to dump the massive The only opportunity that Members It is my understanding that the gen- waste rock piles produced at many of today’s of this House will have to vote against tleman from New York (Mr. WALSH), mines exceeds the legal limits under the 1872 this is to vote on the motion to recom- the chairman, plans to appropriate suf- Mining Law which Congress should have re- mit. And I urge all of them to vote ficient funds to renew all Section 8 formed years ago. Mine waste dumps pollute ‘‘yes’’ on the motion to recommit and contracts in the fiscal 2000 VA–HUD ap- surface and groundwater resources with acid ‘‘no’’ on the bill. propriations bill; and if I might, I mine drainage and heavy metals such as ar- Mr. YOUNG of Florida. Mr. Speaker, would like to engage him in a colloquy senic. I yield 11⁄2 minutes to the distinguished at this point on that matter. My con- Permitting more such waste to be dumped gentleman from Washington (Mr. cern is that funding be sufficient to en- on public lands is simply not an acceptable HASTINGS), member of the Committee sure that those currently using the solution. That’s what the industry wants and on Rules. Section 8 program will in fact have the that’s what this rider would do. It would legal- Mr. HASTINGS of Washington. Mr. necessary housing provided for them ize waste-dumping that is now illegal. Speaker, I thank the gentleman for and their families. The 1872 mining law has given away bil- yielding me the time. Is it the intention of the chairman to lions of dollars of the nation’s mineral wealth I just want to point out something appropriate funds sufficient to renew while paying taxpayers, who own the minerals, that I find so ironic with the debate all Section 8 contract renewals? not one cent in royalties. And the law has only from the previous speaker and the de- Mr. WALSH. Mr. Speaker, will the minimal limited environmental safeguards. bate on the rule. Here we are debating gentleman yield? Polls show that a significant majority of the bill that deals with our national Mr. PRICE of North Carolina. I yield Americans continue to support strong mining defense, deals with our agriculture in- to the gentleman from New York. law reform. But instead of an open debate on dustry, and deals with aid to Central Mr. WALSH. Mr. Speaker, I appre- the mining law, the industry wants an exemp- America, which I think is needed, oth- ciate the concern of the gentleman. We tion from this part of the law that they’ve dis- erwise this body would not take it up. also have concern with this important covered is no longer to their liking. And yet we hear the rhetoric from the housing issue, and I agree that the Sec- Instead of engaging in back-room politics, other side and specific Members that tion 8 program is very important for the mining industry should engage in an open we are decimating our environmental ensuring that the poorest of the poor public debate about reforming all of the mining laws. have adequate housing. Consequently, I law, not just the part it doesn’t like. And Con- Nothing could be further from the fully intend to appropriate adequate gress should not permit a last-second, stealth truth. Let us put this into perspective, funds for Section 8 renewal. rider to be added to a non-germane bill with exactly what happened. Under existing And I would remind my good friend no public debate. law, a gold mine in Washington State that no one has lost their housing Mr. OBEY. Mr. Speaker, I yield 2 opened up 11 years ago, invested $80 vouchers, and I have no intention of minutes to the distinguished gen- million under existing rules, jumped letting that happen. tleman from Washington (Mr. over every hoop, every barrier, went Mr. YOUNG of Florida. If the gen- McDERMOTT). through every environmental hoop tleman would yield, I would like to Mr. MCDERMOTT. Mr. Speaker, to- from the State, from the Federal Gov- say, Mr. Speaker, that I support the in- day’s vote on the supplemental budget ernment, and they said proceed, until tention of the gentleman from New for Kosovo has so little to do with Ser- it got to Washington, D.C. and a solic- York (Mr. WALSH) to provide for all the bia and Kosovo that it no longer makes itor took existing statute that had Section 8 renewals even though, as we any sense. Members are being asked to never been interpreted this way before, are all well aware, the budget resolu- approve a cornucopia of projects much never been interpreted this way before, tion we are working under requires dif- beyond the amount that President and said we are going to shut down this ficult choices in many of the appro- Clinton asked. gold mine after an $80 million invest- priations bills, including the VA–HUD There are so many outrages in this ment. bill. I believe it will be up to the Mem- bill that it is kind of hard to pick one This happened about 6 weeks ago. It bers of the subcommittee to determine out, but let me pick one out. It is the had to be fixed in a timely manner be- the best manner in which to allocate antienvironmental rider, sponsored by cause people have invested in this en- these funds. the senior Senator from Washington terprise, pension funds; there is about Mr. PRICE of North Carolina. Mr. State, and the well-financed mining 150 to 200 jobs at stake in north central Speaker, I want to thank the chairmen lobby, which will trade American for- Washington. So this fix had to be done of both the full committee and the sub- eign policy, the safety of millions of in an emergency manner, and that is committee. I agree with both of them Kosovars, and the welfare of hurricane why this vehicle was fixed. It does not, that it is going to be a very difficult, victims in Central America for the I have to repeat, this does not decimate very challenging process to fund those right to strip-mine a sensitive and sce- any environmental laws. It takes care programs under our responsibilities. nic area in north central Washington. of this one specific project and those I am concerned that this rescission This rider will grant a Texas com- projects that are in place right now. could make that more difficult for the pany the right to operate a strip-mine I urge support of this supplemental gentleman from New York (Mr. WALSH) in Okanogan County. This mine will budget. and my colleagues to find the funds

VerDate jul 14 2003 14:24 Jan 13, 2005 Jkt 069102 PO 00000 Frm 00042 Fmt 0688 Sfmt 0634 E:\BR99\H18MY9.001 H18MY9 May 18, 1999 CONGRESSIONAL RECORD—HOUSE 9957 necessarily adequately to fund both I first want to say how proud I am as I urge my colleagues to make a suffi- Section 8 and all the important pro- a new member of the Committee on Ap- cient vote, vote ‘‘yes.’’ grams we oversee. propriations of the work that our Mr. Speaker, this is a difficult and emotional In conclusion, it is going to be dif- House did. If my colleagues notice, the time for the world community and me person- ficult to find the funds to fund Section conference committee, the leadership ally. We have found ourselves faced with un- 8 fully, and all of these important pro- in that conference committee, was cer- conscionable atrocities in Kosovo and no easy grams we are overseeing. It is vitally tainly on the House side, and I appre- way to stop them. We all wish that we were important to do this, though; and I ciate the work on it of both sides of the not faced with the need to make choices such pledge my cooperation to getting it aisle. as those we face in Kosovo, we wish to op- done. This is the first spending bill that we tions available were different. However, I be- Mr. YOUNG of Florida. Mr. Speaker. have voted off the House floor this lieve we do not have the option of standing by I yield 2 minutes to the gentleman year, and I think it reminds me of that and letting the genocide continue. from Ohio (Mr. REGULA), chairman of old adage that is in a song that says, My outlook on humanity has been shaped the Subcommittee on Interior of the ‘‘You can’t always get what you want by my national service in Colombia with the Committee on Appropriations. but sometimes you get what you Peace Corps. During my time in Colombia I Mr. REGULA. Mr. Speaker, I thank need.’’ There are a lot of political needs gained an appreciation for other cultures and the gentleman for yielding me the out there in this country and across an understanding that, no matter what your time. the world, and Congress does not have nationality or ethnicity, we are all human. We I think we are losing sight of the fact always a good record of getting the all deserve the right to basic freedoms. We all that the purpose of this bill is to sup- money to the people. deserve the right to be safe in our homes and port our troops overseas. They did not I have agreed with some of those who not be fearful of our government. We all de- ask to be sent there. But now that they point out the wrongs in this bill. There serve the right to expect that we will not be are there, therefore I think we should are certainly some wrongs. And they forced out of our homes and country. We all get the necessary funds to provide the have an option of voting to recommit. deserve the right to live freely. adequate equipment that they need and But the politics of compromise is that The international community has been at- all the supplies so that they can be pro- along with the bad comes the good, and tempting to reach a diplomatic end to tected in performing their duty. And we have to weigh our judgment on how Slobodan Milosevic’s terror of the non-Serbian we are getting diverted in this debate. we are going to vote. Is there more population in Yugoslavia for years. The Ram- But let me also address one issue, good in this bill than bad? And we have bouillet accords offered Mr. Milosevic one last and that is the Byrd provision which been hearing people emphasize what opportunity to stop the genocide in Kosovo was in the Senate bill to establish a they think is the bad. Let me empha- and avoid international conflict. With his re- loan guarantee program. I think that size what I think is the good. fusal, the international community was faced amendment is important. It would deal Certainly, a long overdue pay raise with the awful decision of sitting by and allow- with the question of steelworkers and for our military and the Coast Guard; ing Milosevic to continue displacing, terror- their jobs. $1.1 billion for Kosovo refugees; $900 izing, and murdering Kosovars, or take action But I did not think we would want to million for U.S. tornado victims in the to stop him. I have had many sleepless nights lose this bill or have it delayed, since it FEMA account; $687 million in Central thinking about the situation in Kosovo, recall- is so vital to young American men and America, and I visited there, for school ing what I saw first hand in Bosnia and imag- women in the military, by retaining building and road development and ing the plight of the Kosovars. I believe that this amendment. I believe that this debt restructuring; and $10 million re- chosing to act was the right decision. should be addressed with a separate lief for the Colombians after that hor- I do not feel the United States could have, bill. That bill with the Byrd language rible earthquake that they had. or should have, stood idly by while people in has been introduced in the House by There is also money in here for other Kosovo continue to lose their homes, their myself. The Speaker has agreed that great causes. There is $574 million for families and their lives. Whether or not you there will be a vote on it. A similar ac- U.S. farmers hit by low commodity agree with my position, I want you to know tion is being accomplished in the Sen- prices. There is a lot in here to like that I don’t take it lightly. ate, and there will be a vote there on even for nondomestic emergency fund- Mr. YOUNG of Florida. Mr. Speaker, the Byrd amendment. ing. I yield 3 minutes to the gentleman I would hope that the Senate will Credit Union Liquidity. from Alabama (Mr. CALLAHAN) the pass the quota bill, as it is the most ef- Public Broadcasting: There is money chairman of the Subcommittee on For- fective solution to stopping dumping in here for National Public Radio. eign Operations, Export Financing and and job loss. It is a problem. Four steel Mortgage Insurance Limits: There is Related Programs of the Committee on companies have filed for bankruptcy money in here for mortgage insurance Appropriations. protection since the steel import crisis limits. Mr. CALLAHAN. Mr. Speaker, I love began. We have 10,000 steelworkers out House Page Dormitory: For the this place. It is so interesting to come of their jobs, and that does not include pages’ dormitories for these pages that and to see both sides of the aisle use people in the ancillary industries. serve us, so they can have a decent demagoguery to talk about what is We can deal with those problems place to live. wrong with everything. with the quota bill, which would be far Japanese Reparations: There is If my colleagues want to find a rea- more effective in saving steelworker money in here for Japanese repara- son to vote against this bill, it is very jobs. And I think it is important that tions. The list goes on and on for good simple. Since the introduction of C- we get on with passing this bill to things to support. SPAN, we no longer debate issues, we use oneupmanship, hoping that some- make sure that our young men and Postal Service. women overseas and in the United Indian Affairs. one back in our respective districts States that have been called upon to Russian Leaders: The agreement estab- might be listening and they might be protect their country, to serve their lishes a pilot program within the Library of impressed. country, are adequately taken care of. Congress to bring up to 3,000 emerging Rus- This glass is nine-tenths full. How I urge the Members to pass this bill sian political leaders to the United States many of my colleagues want to go promptly. for up to 30 days each. The Senate is trans- home and say that they want to deny Mr. OBEY. Mr. Speaker, I yield 2 ferring $10 million of its own funds to finance the refugee assistance that is in this minutes to the distinguished gen- the program during 1999. bill for the refugees coming out of Religious Freedom. tleman from California (Mr. FARR). Export Controls. Kosovo? How many of my colleagues Mr. FARR of California. Mr. Speaker, Drug Trafficking. want to go home and say they do not I thank the gentleman for yielding me National Commission on Terrorism. want to help the people who are dev- the time. Pan Am Trial. astated by Hurricane Mitch? Not one of

VerDate jul 14 2003 14:24 Jan 13, 2005 Jkt 069102 PO 00000 Frm 00043 Fmt 0688 Sfmt 0634 E:\BR99\H18MY9.001 H18MY9 9958 CONGRESSIONAL RECORD—HOUSE May 18, 1999 them. How many of my colleagues will FLORIDA (MR. YOUNG) has 12 minutes pressure, Chairman Young held firm and want to go home and tell their farmers remaining. The gentleman from Wis- helped this Congress produce the best pos- that there was something wrong with consin (Mr. OBEY) has 10 minutes re- sible legislation to address the needs now fac- this bill, that they disagreed with maining. ing our nation. The fact is, H.R. 1141 is as something the Senate put in there, Mr. YOUNG of Florida. Mr. Speaker, clean and as tight as possible largely because therefore, they were against assistance I yield 2 minutes to the gentleman Chairman Young would accept nothing less. I to the farmers? from California (Mr. PACKARD), chair- am pleased to support this legislation and I We have got to look at the nine- man of the Subcommittee on Energy urge my colleagues on both sides of the aisle tenths of the glass and recognize that and Water. to vote for its approval. we are doing humanitarian assistance, Mr. PACKARD. Mr. Speaker, I thank Mr. Speaker, H.R. 1141 provides necessary we are doing the right thing, we are the chairman for yielding me the time. funding for our most pressing emergencies. improving the capabilities of our mili- I rise in strong support of H.R. 1141, American soldiers, America’s farmers, storm tary. the Emergency Supplemental Appro- victims, and Balkan refugees all will imme- We can demagogue it all we want. We priations Act Conference Report. Cer- diately benefit from passage of this legislation. can say that we are 7 months behind in tainly, every Member should and can Most importantly, H.R. 1141 supports Amer- appropriating the money for Hurricane vote for this. If they support a clean ica’s troops, and regardless of whether you Mitch. But the President did not send supplemental, they will vote for this agree with the policies of this Administration, the request over here for 4 months. So bill. we can’t afford to neglect the needs of those I can demagogue, too. But let us look This is the cleanest supplemental ap- who must carry them out. at the fact that we have aid to farmers, propriation bill since I came to Con- Like many of my colleagues, I have made we have aid to Latin America, $700 mil- gress 17 years ago. Is it perfect? Is it no secret of my opposition to this President’s lion, we have aid to Jordan. perfectly clean? I think the House bill use of American military force in the Balkans. The King of Jordan is here this week. was quite clean when it left, but it ob- I continue to believe that Operation Allied I have not heard one of my colleagues viously is not completely clean now Force lacks well-defined goals and a clear jump up and say this is not an emer- that it has come back as a conference strategy to accomplish them. However, my dif- gency. No, because they do not want to report, but we did everything we could. ferences with this President do not erase the demagogue it in that respect. They And I give the gentleman from Flor- fact that our troops in the field are dan- want to nitpick. They want to go in ida (Mr. Bill YOUNG) superb credit for gerously low on both munitions and spare and say we are taking the money away holding firm in trying to keep this a parts; or that we are currently unable to fully from Section 8 housing. We are not. clean bill. We stripped out virtually all staff many of our naval vessels due to per- But it sounds good, I realize, back of the pork that was laden in the Sen- sonnel shortages. Mr. Speaker, Congress can- home to their constituents. Say what they want, but when it ate bill. We did not get it all out, of not abandon our troops just because the comes down to the final vote on this course, but we tried. President deploys them unwisely. The truth is, American service personnel are bill, vote your conscience, vote for b 1930 stretched farther around the world today than what is right. Vote for the refugees. If Members support helping the vic- Vote for the assistance to Latin Amer- at any other time in history. Successive de- tims of Hurricane Mitch, they will sup- ployments in both the Middle East and the ica. Vote for the increased assistance port this bill. If they support helping to the military. And vote, as well, your Baltics have revealed a true national emer- the American farmers who are dev- gency that must be addressed as soon as conscience that will indeed make this a astated by a disastrous farm economy, better world and have the United possible. We cannot continue to put American then they will vote for this bill. If they soldiers in harm’s way without the tools and States of America more respected. believe we have systematically gutted Mr. OBEY. Mr. Speaker, I yield my- training necessary to bring them home safely. our defense budget, if they believe it is self 1 minute. Mr. Speaker, I urge my colleagues to sup- Mr. Speaker, I say in response to the time to increase manpower and rebuild port our troops, our farmers and those dev- gentleman who just spoke that I be- our weapons stockpile to provide for astated by recent storms by approving this lieve that those supporting this bill are spare parts to avoid cannibalism, then critical legislation. trying to have it both ways on the they will vote for this bill. If they sup- Mr. OBEY. Mr. Speaker, I yield 1 issue of offsets at the same time. port our troops in Kosovo even though minute to the distinguished gentle- First of all, they tell the conserv- they disagree with the President’s de- woman from Florida (Mrs. MEEK). ative action group on the Republican ployment to Kosovo as I do, they will Mrs. MEEK of Florida. Mr. Speaker, I side of the aisle, do not worry, we have vote for this bill. Congress cannot would like to say that this supple- offset a piece of this bill because we are abandon our troops just because the mental is for a good cause but the off- cutting food stamps and cutting Sec- President deploys unwisely. If they sets are very bad, particularly the ones tion 8 and that is how we are going to support providing relief for the refu- that are in housing. I do not think too offset the cost. Then when they get an gees in Kosovo, they will vote for this many people have thought of the fact argument from the other end and peo- bill. that you are just exacerbating the cur- ple say, gee, but if we cut those two They have more reason to vote for rent waiting list which we have for programs, we are going to hurt people, this bill by far than they have to vote vouchers. It takes families years and they say, oh, but by the way, do not be- against it. I support it. I hope my col- years to get this assistance. By your lieve it because we are not actually leagues will, also. offsetting, using the money from going to cut a dime because this money Mr. Speaker, I rise today to voice my strong vouchers and from housing, it is going would not be spent anyway. support for H.R. 1141, the Emergency Supple- to cause a terrible problem for the peo- Now, that may either say something mental Appropriations Act Conference Report ple I represent and the poor people of about the hypocrisy of those who offer for 1999. this country. the amendment, which I doubt, or it As a Conferee who helped craft this impor- I want Members to think about that may say something about the hypoc- tant legislation, I want to assure my col- even though we all know that it is a risy of the process. Either way, I think leagues on both sides of the aisle that H.R. good cause. Think of the fact that it is people can be forgiven for being con- 1141 is a strong bill that every Member can going to have that kind of effect in the cerned that when they put a cut in the and should support. year 2000. There is going to be a short- bill, they just might really mean it. Mr. Speaker, there are few Members more fall in the year 2000. There is already a Mr. YOUNG of Florida. Mr. Speaker, committed than I to cutting waste and saving shortfall because there are about 5 mil- might I inquire as to the time remain- taxpayer dollars. I know how important it was lion families that are already under- ing on both sides? to bring to the House a conference agreement served by HUD section 8. So in dealing The SPEAKER pro tempore (Mr. free of excess spending and I am proud of with reality, no matter how you place THORNBERRY). THE GENTLEMAN FROM what we have accomplished. Despite much this, it is going to have a devastating

VerDate jul 14 2003 14:24 Jan 13, 2005 Jkt 069102 PO 00000 Frm 00044 Fmt 0688 Sfmt 0634 E:\BR99\H18MY9.001 H18MY9 May 18, 1999 CONGRESSIONAL RECORD—HOUSE 9959 effect on the poor people in this coun- support the people in Central America in this bill. But I look at the glass like try who are already affected by hous- who were devastated by Hurricane the gentleman from Alabama (Mr. CAL- ing. We need to think of that. We are Mitch. I support the American farmers LAHAN) said, I think it is nine-tenths going in the wrong direction by doing who have made it possible for us to eat full. But we do need the national secu- this. It will reverse the down payment and to export and to feed the world. I rity dollars and there is a reason. Congress made last year on addressing also support FEMA and Oklahomans Mr. Speaker, I want to bring attention to one the needs. We are just backtracking for and all those who have been devastated provision in this conference report regarding the good things that we did last year. by the recent tragedy. But I also sup- education. Mr. YOUNG of Florida. Mr. Speaker, port the millions and millions of Amer- Chapter Five of the Conference Report con- I yield 2 minutes to the gentleman icans who need housing, who need the tains an appropriation of $56.377 million for from Kentucky (Mr. ROGERS), chair- assistance from our community devel- the Department of Education, providing a sort man of the Subcommittee on Com- opment block grant program, who need of ‘‘hold-harmless’’ to certain schools in the merce, Justice, State, and Judiciary. transit opportunities so they can get to Title I Concentration Grants program. I want to Mr. ROGERS. Mr. Speaker, I think it their doctors, to buy their food and the state my objection to this legislative rider is pretty plain to most Americans that like, people who need housing. This is a which was in neither the House nor the Sen- what is happening here is like what has wonderful supplemental, but it leaves ate bills. I understand that my own Labor- been happening all year long. That side out too much of my district. I cannot HHS-Education Appropriations Subcommittee of the aisle is opposed to anything that support it. It is unfortunate that we Chairman, JOHN PORTER, shares my opposi- this side of the aisle proposes. Look have a $15 billion supplemental, $13 bil- tion to this type of legislation which prevents what they are opposing here. In this lion of which is not offset, and $2 bil- Congress for targeting scarce funds to those bill, there is aid for not only the mili- lion which is offset. Too much pain for with greatest need. tary personnel of America in the those in America who need it. Vote no. I oppose this provision for three reasons. Kosovo region, there is also aid to help Mr. YOUNG of Florida. Mr. Speaker, First, the appropriation is unjustified. Since protect our American diplomats work- I yield 2 minutes to the distinguished 1994, local school districts have known that in ing under extremely dangerous condi- gentleman from California (Mr. the current fiscal year, FY 1999, the Title I tions all through the Kosovo region, all CUNNINGHAM), a member of the Sub- Concentration Grants would be distributed to seven embassies in that region. This committee on Defense. local school districts whose eligibility would be bill contains $70.5 million to help pro- Mr. CUNNINGHAM. Mr. Speaker, determined using census update estimates of tect Americans working in our embas- last week I took to the well and said school-age population and poverty. The provi- sies and consulates in that region, in- that the gentleman from Wisconsin sion was clearly written in the Improving cluding in Tirana, where we need a (Mr. OBEY) and I were friends and a re- America’s Schools Act of 1994. In defense of brand new embassy to try to house the porter asked me off the floor, ‘‘Are you the 1,400-some schools scheduled to lose Americans working there. and the gentleman from Wisconsin Title I Concentration Grants eligibility except Regarding the census. In this bill, we really friends?’’ I said, ‘‘Yes. We just for this rider, the Department of Education has lift the fence off the funding for the disagree on some issues.’’ But I would been tardy in assembling this important data. State Department, the Commerce De- like to enlighten my friend on national Some schools are asserting that they were partment, the Federal judiciary and all security spending. I know he is aware caught off-guard, or by surprise. But the De- their other agencies covered by the of it. We may just disagree. partment’s lateness does not justify such fund- Commerce-State-Justice bill. Other- Mr. Speaker, we have a national se- ing or the rider itself; in fact, schools have had wise, those agencies will simply shut curity budget. When we had an exten- notice of this change for five years. down on June 15. In this bill we simply sion of Somalia, many of us opposed to Second ‘‘hold-harmless’’ legislative riders on lift the fence, let the moneys be spent, it said that those that want to go into appropriations bills have unintended con- keep the Justice Department oper- Somalia, you have to be ready to pay sequences. They hurt other states and dis- ating, keep the courts operating, keep for it. The same thing with Haiti. We tricts. They affect states unequally and un- the Commerce Department operating, were opposed. We did not think there fairly. In this case, this particular hold-harm- keep the Federal courts, including the was any national security issue of less counters Congress’ clearly stated prin- Supreme Court and all the Federal going into Haiti. We got kicked out of ciple in the Title I authorization that the dollars courts across the country, in oper- Somalia. In Haiti we are still spending should generally follow the children. Given ation. $20 million a year building roads and scarce resources, money should be targeted Also the Immigration and Natu- schools in Haiti, much money we would to areas of greatest need. By contrast, this ralization Service says unless they get like to spend on section 8 housing and rider provides additional funding to schools an additional $80 million, they are the rest of it. But if you take a look at that are otherwise not eligible for the Title I going to have to release onto your Bosnia, Bosnia has cost us $16 billion. Concentration Grant money. That is wrong. streets the criminal illegal aliens now That does not even account for next The fact that ‘‘100 percent special hold-harm- being held by the INS. They are out of year. Four times hitting Iraq. Now we less’’ legislative riders have been attached to money. Those criminals will be re- have got Kosovo. And the Sudan. The omnibus and other appropriations conference leased on our streets and our roads and President just agreed to a settlement reports in the past—riders that disadvantage highways throughout this country. If of some $45 million to give the Suda- children who are immigrants, minorities or Members want that to happen, vote nese because we bombed an aspirin poor based on their state of residence—does ‘‘no’’ on this bill, because we put $80 plant. All of this money comes out of not make this rider right. million in this bill for the INS to con- the national security account. We have And third, this is a midnight legislative rider. tinue to keep in jail the criminal aliens emergency supplementals but it only It was not in the House or Senate bills. It was who would otherwise roam the streets covers about one in four dollars that not the subject of hearings. It was not raised of this country. we expend. Our national security, to in House debate on the supplemental appro- And so I urge Members to support give Members an idea, the Navy fighter priations bill. It was not raised in the hearings this bill. You can find any reason to weapons school had 12 of 23 airplanes of the House Labor-HHS-Education Appropria- oppose it. You can find every reason to down, 137 parts missing. Eight of those tions Subcommittee for the FY2000 budget, be for it. were for engines. The Air Force 414th and as a Member of that Subcommittee I as- Mr. OBEY. Mr. Speaker, I yield 1 was very similar. We are in a hollow sure Members that plenty of opportunity for minute to the distinguished gentle- force right now. The money that we this was available. It was not raised in the au- woman from Michigan (Ms. KIL- want to expend for national security in thorizing committee, to my knowledge, where PATRICK). this bill, I am very proud of what we this type of issue truly belongs. I am assured, Ms. KILPATRICK. Mr. Speaker, I did, like the gentleman from California however, that this is the one and only time support our troops, our service men (Mr. FARR) said that what we passed in that this particular legislative rider will be and women who serve this country. I the House. I am not so proud of what is sought.

VerDate jul 14 2003 14:24 Jan 13, 2005 Jkt 069102 PO 00000 Frm 00045 Fmt 0688 Sfmt 9920 E:\BR99\H18MY9.001 H18MY9 9960 CONGRESSIONAL RECORD—HOUSE May 18, 1999 Mr. Speaker, this legislative rider, in the grants in fiscal year 1998. The conference stitution and the laws to the men and whole scheme of things, is relatively minor. agreement further clarifies that the alloca- women who protect our families and But it sets a precedent that is problematic and tions made through applying this hold harm- our security. less will not be taken into account in deter- I have heard many arguments unfair to all of those Members who work in mining allocations under other education good faith to authorize these programs. Mem- programs that use the Title I formula as a against the bill. They change. It funds bers simply need to know that this is the case. basis for funding distribution. Neither the Kosovo. It does not fund Kosovo. It has I fully expect that when the FY2000 Labor- House nor the Senate bills contained these offsets. It does not have offsets. It is an HHS-Education bill is written and then sent to provisions. emergency. It is not an emergency. conference with the Senate, there will be yet Mr. OBEY. Mr. Speaker, I yield my- And now it changes the rules regarding another attempt to apply a ‘‘100 percent spe- self 30 seconds. a gold mine in Washington. cial hold-harmless’’ to the Title I Basic State The gentleman acts as though those Mr. Speaker, let me put this in per- Grants program, which I understand is dif- of us on this side of the aisle are not spective. I was talking the other day ferent from this Concentration Grants program for funding national security items. with the gentlewoman from Florida issue. This other hold-harmless impacts every The amendment that I offered for na- (Mrs. FOWLER), who serves on the Com- growing state, and every state with a growing tional security purposes was $4 billion mittee on Armed Services with me. Her number of disadvantaged children—often in- above the request by the White House. neighbor is the wife of a Navy flier. Her cluding immigrant and minority children. The I know that that is pocket change for neighbor stopped the gentlewoman House has, in the past, resisted such legisla- some people in this House, but from from Florida in the grocery store and tive riders on appropriations bills, and we where I come from, that is still a lot of said, ‘‘My husband has to land his F–18 should continue to do so. money. on an aircraft carrier at night on a The legislative language of the H. Rept. Mr. Speaker, I yield 1 minute to the pitching deck and he is not getting the 106–143 reads as follows: distinguished gentlewoman from Cali- training hours he needs because the DEPARTMENT OF EDUCATION; EDUCATION FOR THE fornia (Ms. LEE). budget has been cut. He might crash. DISADVANTAGED Ms. LEE. Mr. Speaker, I thank the What are you going to do to help my For additional amounts to carry out sub- gentleman from Wisconsin for yielding husband?’’ part 2 of part A of title I of the Elementary me this time. I rise before my col- Mr. Speaker, the men and women in and Secondary Education Act of 1965, leagues to express my outrage today at America’s armed services count on us $56,377,000, which shall be allocated, notwith- what my colleagues and I are asked to to protect them as they protect our standing any other provision of law, only to vote on. First of all, the supplemental families and our children and our Na- those local educational agencies that re- contains many proposals which I sup- tion’s security. This bill is the first ceived a Concentration Grant under the De- port, aid to the Kosovo refugees, aid to time in 6 years that we are stepping up partment of Education Appropriations Act, 1998, but are not eligible to receive such a Americans, including our farmers who to our duty. Let us get rid of the poli- grant for fiscal year 1999: Provided, That the are victims of disasters, aid to Central tics, let us get rid of the excuses. The Secretary of Education shall use the funds American Hurricane Mitch victims and Committee on Appropriations held appropriated under this paragraph to provide military personnel pay raises. But, Mr. tough and stood fast in the conference each such local educational agency an Speaker, this bill is sinister and it is committee. Let us vote for this bill and amount equal to the Concentration Grant cynical. The offsets in this bill are out- begin the road back to protecting the agency received in fiscal year 1998, rat- rageous. In order to support the good America’s security. ably reduced, if necessary, to ensure that proposals in this bill, we would be Mr. OBEY. Mr. Speaker, I yield my- local educational agencies receiving funds self 30 seconds. under this supplemental appropriation re- forced to create an emergency here at ceive no greater share of their hold-harmless home. Cutting over $1.2 billion in the I would simply say if our friends on amounts than is received by other local edu- food stamp program forces many Amer- the majority side of the aisle were so cational agencies: Provided further, That the icans to go hungry. $350 billion in sec- concerned about readiness, why is it funds appropriated under this paragraph tion 8 housing programs forces huge that out of the $27 billion that they shall become available on October 1, 1999 and numbers into shelters and onto already have added to the President’s defense shall remain available through September crowded streets. $230 million from com- budget the last 4 years that only $3.5 30, 2000, for the academic year 1999–2000: Pro- munity development block grant pro- billion of that went to readiness and vided further, That the Secretary shall not grams which our neighborhoods need the rest went for pork? take into account the funds appropriated 1 under this paragraph in determining State badly would be cut. This bill is terribly Mr. Speaker, I yield 2 ⁄2 minutes to allocations under any other program admin- sinister to force these massive cuts the gentleman from Massachusetts istered by the Secretary in any fiscal year. onto our own citizens in a budget (Mr. FRANK). Mr. FRANK of Massachusetts. Mr. And the provision from the report reads as which will fund a military operation in Speaker, I thank the gentleman from follows: Yugoslavia. It is cynical. It forces us to choose between humanitarian and dis- Wisconsin for yielding me this time. I The conference agreement includes am reminded of a song that I think my $56,377,000 for Concentration grants under aster assistance for those here and the Title I program as a fiscal year 2000 ad- abroad. I ask for a ‘‘no’’ vote. colleagues on the other side are sing- vance appropriation to become available on Mr. YOUNG of Florida. Mr. Speaker, ing. I remember in earlier times when October 1, 1999 for academic year 1999–2000. I yield 2 minutes to the distinguished they would be very critical of the ap- The conferences understand that the De- gentleman from Missouri (Mr. TALENT). propriations process, of the excesses partment of Education has interpreted a Mr. TALENT. Mr. Speaker, I thank that were sent in, of the long time it ‘hold harmless’ provision included in the fis- the gentleman for yielding me this took. I think they have now decided to cal year 1999 appropriations bill to apply time. Let me focus the House’s atten- sing a song, anything we can do, they only to school districts that first qualify for tion on a figure, $148 billion. The Joint can do worse. We are told that we Concentration grants on the basis of the percentage or number of poor children within Chiefs of Staff came before the Senate should fall to the hostage theory: the school district. Only after a school dis- at the end of last September and said, ‘‘This has some good things in it; trict meets the eligibility criteria would the we are $148 billion short of what we therefore, you should ignore the bad Department apply the hold harmless and need over the next 6 years to maintain things.’’ The gentleman from Alabama award the Concentration grant. Under the minimal standards of readiness in the said that the glass was nine-tenths full. Department’s interpretation, over 1500 armed services. Nobody disputes that One of my friends on the Committee on school districts would lose their Title I Con- figure. The Secretary of Defense agrees Appropriations said, ‘‘No. The trouble centration grant in academic year 1999–2000. with it. He has testified that we either with this glass is that it’s over- The conference agreement includes language that clarifies the fiscal year 1999 ap- need more troops or fewer missions. flowing.’’ We are told that if we are for propriations law to direct the Department of Mr. Speaker, we have soldiers on food aid to the hurricane victims, if we are Education to hold harmless all school dis- stamps. This bill is a modest down pay- for the troops, we have to vote for it tricts that received Title I Concentration ment on doing our duty under the Con- and never mind all the bad stuff. I have

VerDate jul 14 2003 14:24 Jan 13, 2005 Jkt 069102 PO 00000 Frm 00046 Fmt 0688 Sfmt 0634 E:\BR99\H18MY9.001 H18MY9 May 18, 1999 CONGRESSIONAL RECORD—HOUSE 9961 heard that before. I thought it was one I have outrage as a new Member of this which have no business in a bill, designated of the things they were going to Chamber, to say that we are going to ‘‘emergency spending’’ change. allow this type of chicanery to go on in I support the funding for Hurricane Relief in So this notion that because there are this House, Mr. Speaker. Central America and earthquake relief for Co- some good things in a bill that has As my colleagues know, for folks to lombia. I support the $6 billion in funding for fewer bad things than it used to have, argue on these environmental riders our military involvement in Yugoslavia and hu- we have to vote for it makes no sense. that they are really not environ- manitarian relief for the front line countries af- As for people who tell me we are in a mental, they think Americans sort of fected by the flow of refugees escaping real rush to do these things, I think I fell out of the back of the rutabaga Kosovo. And I support the $100 million to Jor- remember voting for some of these truck. Do we think that our pilots in dan to help implement the Wye Peace agree- things several weeks ago. I was not the F–18s want to come home and have ment. And I support our United States Military holding it up. Yes, I would vote for a us reduce their environmental protec- who deserve a pay raise for the hard work clean bill very soon. But what is even tions? I do not think that is what we they do to protect our freedom at home and worse is the offsets. The gentleman are asking us to do. Do we want the abroad. from Wisconsin correctly pointed out, sailors on those ships, are they sending These are a few of the good things, now the offsets either are very powerful re- us E-mail asking us to reduce environ- let’s talk about the bad things: $9.2 million for ductions in spending when they are mental protection? I do not think they car washes in Germany and bachelor quarter trying to sell the bill to the conserv- want that. If my colleagues believe housing in Southwest Area, three anti-environ- atives, or they are nothing when they that environmental riders are wrong, mental riders which provide sweetheart deals talk about their real impact. Well, un- they should vote for this motion to re- to mining companies and cheat American tax- fortunately they are not nothing. I commit. payers, $1.2 billion cuts from Food Stamps, wish they were. Yes, it is true, and I Mr. OBEY. Mr. Speaker, I yield 1 $350 million cuts from Section-8 housing and thank the gentleman from New York minute to the gentleman from New a variety of spending that was not even in- and the appropriations subcommittee York (Mr. CROWLEY). cluded in the Pentagon’s 5-year budget plan. Mr. CROWLEY. Mr. Speaker, there and others, we will be protecting the Mr. Speaker, because of these offsets and are problems in the supplemental ap- the budget busting spending, I will have to people who now live in housing with propriation bill. As a member of the vote to oppose this supplemental bill and en- section 8s. But any Member of this Committee on International Relations, courage my colleagues to defeat this bill, go House who has told a constituent, I have been actively involved in work- back to conference and produce a better bill ‘‘Gee, I’m sorry you don’t get a section ing to secure funding for earthquake that will gain the support of all of our mem- 8, I’m going to try and get you one,’’ relief in Columbia and military and hu- bers. anyone here who has looked at an el- manitarian aid for Operation Allied Mr. OBEY. Mr. Speaker, I yield 1 derly constituent and said, ‘‘Gee, Force. I represent one of the largest minute to the gentleman from New ma’am, I really feel for you, I’m going Columbian-American constituencies in York (Mr. MEEKS). to do what I can,’’ who then votes for the United States, and I adjoin an area Mr. MEEKS of New York. Mr. Speak- this cancellation of $350 million of sec- in the Bronx which has the largest con- er, I rise this evening in opposition to tion 8 vouchers that could otherwise go centration of Albanian-Americans in the emergency supplemental appro- to new people is guilty of the worst the U.S. I spoke in favor of this resolu- priation conference report. kind of inaccuracy. tion when it first came to the House This bill is loaded with non- b 1945 floor. Unfortunately though this bill emergency spending that undermines the budget appropriation process but My colleagues can vote to cancel $350 has changed considerably when it went satisfies the special interests. While I million of Section 8 if they want to, to the conference with the Senate. The strongly support the emergency fund- but they should not then go back to Senate had added anti-environmental ing for our military in Kosovo and for their districts and lament and weep for riders along with a host of individual a pay raise for our troops and for dis- those who are not adequately housed projects which have no business in this aster relief efforts, I strongly object to because actions do have consequences. bill. I support the funding for hurricane the unnecessary spending disguised as Yes, it will keep existing people in relief in Central America and earthquake relief in Columbia, I support the emergency spending for such things as housing, but all of my colleagues who 6 billion in funding for our military in- 3.8 million for the House Page Dor- have talked to people on the waiting volvement in Yugoslavia and humani- mitory, establishing a pilot program lists, who have talked to others and tarian relief for the front line countries within the Library of Congress to bring said, ‘‘Gee, I would love to help you,’’ effected by the flow of refugees escap- up 3,000 emerging Russian political it is like the old reverse Houdini. ing Kosovo, and I support the $100 mil- leaders to the United States, 475 mil- Mr. Speaker, Houdini used to get tied lion to Jordan to help implement the lion in unrequested funds for overseas up in knots, and his trick was to get Wye Peace Agreement. But unfortu- military construction, 3 million for the himself out of the knots. This bill ties nately, Mr. Speaker, I will not be able United States Commission on Inter- ourselves in knots, and then we tell to support this legislation because of national Religious Freedoms. people we cannot help them because we the anti-environment and what it does While these in and of themselves are are all tied up in knots. to the poor of this country. not bad, they are not emergencies. Mr. OBEY. Mr. Speaker, I yield 1 Mr. Speaker, there are problems in this sup- What is equally troubling is that the minute to the distinguished gentleman plemental appropriations bill. vital programs that poor and elderly from Washington (Mr. INSLEE). As a member of the International Relations people rely on have been cut dramati- Mr. INSLEE. Mr. Speaker, we really Committee, I have been actively involved in cally to pay for this bill, 1.2 billion in have a good opportunity here in a few working to secure funding for earthquake relief food stamp programs, 350 million in moments jointly on a bipartisan basis, in Colombia and military and humanitarian aid Section 8 and 22 million for the labor and that is to pass a motion to recom- for Operation Allied Force. I represent one of and health. mit which will take a scalpel out and the largest Colombian-American communities Mr. Speaker, I strongly urge my col- remove some of the warts from this in the United States, and I adjoin an area in leagues to do what Americans expect bill, and I speak of one wart or three in the Bronx which has the largest concentration us to do: Vote no. the anti-environmental riders; my col- of Albanian-Americans in the United States. Mr. OBEY. Mr. Speaker, I yield my- leagues may have others. I spoke in favor of this resolution when it self 30 seconds. The gentleman from Florida (Mr. first came to the House Floor. Unfortunately Mr. Speaker, I simply take this time DEUTSCH) and I will not be allowed to though, this bill has changed considerably to notify the House I will be offering a offer our motion to recommit, and that when it went to Conference with the Senate. straight motion to recommit. is just fine. We have no pride of author- The Senate has added anti-environmental If my colleagues believe that we ship here. But we do have outrage, and riders along with a host of individual projects, should not be unnecessarily abusing

VerDate jul 14 2003 14:24 Jan 13, 2005 Jkt 069102 PO 00000 Frm 00047 Fmt 0688 Sfmt 0634 E:\BR99\H18MY9.001 H18MY9 9962 CONGRESSIONAL RECORD—HOUSE May 18, 1999 the environment, if they believe that America. A no vote will be sending a too long to get the relief this bill contains. we should not be unnecessarily hurting message to Milosevic that we are not There are people in the Midwest that are try- our ability to help people who des- really serious about bringing him to ing to repair their lives after devastating nat- perately need health care, if they be- heal. He does not need to get that mes- ural disasters, and I believe the federal gov- lieve that we should not abuse the sage, he has got enough problems al- ernment should do all it can to assist them. emergency designation in the budget ready. A no vote will be against those This country currently has young men and process, then I would invite them to soldiers and sailors and airmen and women engaged in military actions overseas, vote yes for the motion to recommit. marines and coastguardsmen who are and we owe it to them to provide the nec- Mr. Speaker, I yield back the balance involved in this conflagration, or war, essary resources to keep them as safe as of my time. or call it what you will in the Balkans, possible. At the same time, our troops have Mr. YOUNG of Florida. Mr. Speaker, and, yes, the Coast Guard is involved. for too long lived on substandard wages and I yield myself the balance of the time. When America goes to war, the Coast we must honor the commitment they made to Mr. Speaker, first I would like to Guard goes to war, and there are two this country with their service. While I have lit- compliment the Chair for having kept Coast Guard ships tonight steaming to- tle good to say about the process that has and maintained order throughout this ward the Balkans to join other Coast brought us to this point, these are worthy ef- debate. I would like to compliment the Guard vessels that are already there forts, and I will support them. gentleman from Wisconsin (Mr. OBEY) dealing with the Bosnian issues. And a Mr. LEVIN. Mr. Speaker, I rise in support of and the members of the minority party no vote would be against reinvesting the conference report. The House should for the responsible way in which they some of our resources to start to remove quickly to approve the urgently needed have conducted themselves in this de- build our national defense capabilities funding to continue NATO’s military operations bate and certainly my colleagues on that have been stretched so thin that, against Slobodan Milosevic’s forces in the Republican side for having stood if one of the other MRCs in the Korea Kosovo. In addition, the conference report strong for the legislation that we were region or Iraqi region were to happen contains emergency funds to assist the able to put together over a lengthy tonight or tomorrow, we would be in Kosovar refugees who are the innocent vic- process of conference, and I would also trouble. tims of Milosevic’s aggression. Finally, this like to thank, Mr. Speaker, the staff of So, if colleagues are for all of these legislation includes long overdue disaster relief the Committee on Appropriations, the things, they cannot vote against the for the Central American countries that were majority staff and the minority staff, bill. devastated last year by Hurricanes Mitch and and I can tell my colleagues they So I would hope that everyone will Georges. worked. The Members thought they seriously explore their conscience and Although I will vote for the bill, I want to worked long, hard hours, and the staff understand that the things they dis- state for the record that I strongly oppose the worked longer and harder hours be- agree with are minor compared to the spending offsets contained in the conference cause when we made the decisions, good things that this bill provides. report. It is my understanding that we have staff had to put them on paper and get America needs this bill. Our soldiers, offset only about ten percent of this bill and of them ready to present to the House. I and sailors, and airmen, and marines that ten percent, the lion’s share will be fi- want to thank the Committee on Rules and coastguardmen need this bill. nanced on the backs of our nation’s working for being willing to wait for us late Ms. STABENOW. Mr. Speaker, I rise to re- poor. Thursday night and being willing to luctantly support this legislation, because I am I am particularly concerned abut the $1.25 come in yesterday when there was no in favor of its original goal of providing assist- billion rescission in funding for the food stamp business in the House in order to actu- ance to three important and deserving groups: program. We have seen disturbing statistics in ally meet and grant a rule for this bill. our troops abroad and at home, our farmers my state of Michigan and across the country Mr. Speaker, I also want to thank who have endured brutal economic conditions, that the food stamp case loads have been the President of the United States be- and hurricane victims in Central America and dropping at an alarming rate. Indeed, census cause he supports this bill, and I would the Caribbean. Ultimately, I believe these true data shows that food stamp case loads are also like to thank the President of the emergencies still deserve our support, and I dropping far faster than the rate of poverty. United States for not only supporting will not vote against them. I will vote for the Studies show that one of the key reasons the offsets that have become somewhat motion to recommit, because I know we can for the decline in the food stamp caseloads controversial here this evening, but do better. and the resulting unspent programmatic dol- having recommended the one major Mr. Speaker, the bill before us is an exam- lars is that states have done a poor job in let- offset that has received so much atten- ple of Washington at its worst, of a spending ting people leaving the welfare rolls know that tion, and that is the food stamp offset. mentality that still pervades, and highlights they are still eligible for food stamps, even America’s economy is good. The de- budget rules that must be amended. We have though their wages leave their families in need mand for food stamps has been reduced. again seen the conference process lead to ex- and eligible for Food Stamps. A recently pub- There is a substantial amount of funds cess, with the result being a bill that has be- lished Florida study showed that 58 percent of for fiscal year 1999 in the food stamp come the vehicle for too many pet projects. people leaving the TANF rolls did not know program that will not be spent, and so While many environmental riders were re- that they were eligible for food stamps. we have agreement with the adminis- moved, three still remain: an extension of We are all acutely aware of the actual with- tration to use that as the basis for our moratoriums on new oil and gas royalties reg- holding of food stamps from eligible individuals offsets, and I would point out that the ulations and new mining regulations, and a in New York City. As those who are eligible for nonemergency sections of this bill are green light for operations to commence at the food stamps are kept from accessing the pro- offset. ‘‘Crown Jewel’’ mine in Washington state. The gram, we are seeing a marked increase in the Now many have stood here and said President requested a $6 billion dollar bill, and use of soup kitchens and food pantries. In Mil- they would vote against the bill, but we will send him a $15 billion dollar bill that waukee, a full 50 percent of those people who they refer the farmers, they refer the the majority readily admits is being used to are using these facilities for food are children. soldiers and the sailors. Do not vote dodge the budget caps for fiscal year 2000. In This is a disgrace. against them. If colleagues are for addition, this measure contains funding for nu- We have also been withholding food stamp them, do not vote against them. A no merous items that can with little credibility be eligibility for hard working legal immigrants. I vote on this conference report is going defined as emergencies, that will sadly have proposed legislation, ‘‘The Fairness for to be a vote against America’s farmers enough be paid for with Social Security sur- Legal Immigrants Act’’ to rectify this unfair who need help and who need it today, pluses. We must take Social Security off- treatment. These unspent dollars could be and this bill addresses that aggres- budget and reform the procedures for emer- going to correct this injustice, rather than off- sively. A no vote will be a vote against gency spending. setting a bill that does not require offsets and the victims of disasters not only here Mr. Speaker, as disappointing as they are, is only 10 percent offset, anyway. at home in the United States, but at these facts do not change the fact that our Rather than revoking funds that should be our friends and neighbors in Central farmers are hurting, and that they have waited spent on providing food to America’s working

VerDate jul 14 2003 14:24 Jan 13, 2005 Jkt 069102 PO 00000 Frm 00048 Fmt 0688 Sfmt 9920 E:\BR99\H18MY9.001 H18MY9 May 18, 1999 CONGRESSIONAL RECORD—HOUSE 9963 poor, we should be focusing on making certain Americans—rich or poor, black or white; and When I spoke on the floor during debate, I that all children and families who are eligible in the name of one nation—rather than 2— said that if we are sent a conference report and require food assistance have access to rather than a nation divided between the that does not abide by what we were saying what they are entitled to. haves and the have-nots; I cannot support this there, that we vote against it and defeat it. I also object to several of the legislative rid- attack on some of our nation’s most poverty- Today, the consistent vote for those 381 ers attached to this bill. Included among the stricken citizens. I cannot support this cut in Members is for the Motion to Recommit this many non-germane elements to the emer- section 8 housing and good stamps. There- Conference Report because it clearly does not gency supplemental appropriations bill, the fore, I cannot support this emergency supple- abide by what we said. provision related to the state-tobacco settle- mental appropriations bill. In fact, it includes three egregious anti-envi- ment is one of the most perplexing. There is Mr. WAXMAN. Mr. Speaker, I rise in strong ronmental riders. None of which was included bipartisan support for letting the dollars won in opposition to H.R. 1141, the Emergency Sup- in the House-passed legislation, and one of these lawsuits to remain with the states, but plemental Appropriations Conference Report. which was not in either the House or the Sen- what is disturbing is the exclusion of any This bill contains a myriad of provisions of the ate bill. guidelines on how states can spend these worst sort—riders slipped in without ever The most harmful rider allows the Crown monies in the provision included in this bill. being considered by the full House. Jewel mine in Washington State to proceed Logically, the tobacco money should be used One rider stands out among the rest as with a mining proposal despite the rejection for to fund states’ health care programs and re- being particularly ill-conceived and short-sight- a permit by the Department of the Interior. lated tobacco-prevention programs. This ed: the provision to completely give up the This rider would allow the Crown Jewel money should not be used to build highways federal share of the tobacco settlement with- mine to blast off the top of Buckhorn mountain or post offices. out any commitment by the states to improve to extract only a pickup truck worth of gold. Despite the inclusion of such unwelcome public health. Another one prevents the Bureau of Land Ten years from now, people will look back legislative riders, I urge my colleagues to ap- Management from issuing its final hardrock prove the conference report. Failure to act on on this legislation and ask how Congress could give away nearly $140 billion federal mining regulations until well in 2000. this bill would have a severe and negative im- Thus tacitly sidelining environmental protec- pact on our nation’s efforts to stop Slobodan health care dollars without guaranteeing that even a single penny would be spent on public tions for more than a year, giving companies Milosevic’s aggression in the Balkans and carte blanche mining privileges on public land. bring relief to Kosovar refugees. health. They will ask how Congress could overturn thirty years of Medicaid law—without And the last one also delays environmental Mr. DAVIS of Illinois. Mr. Speaker, as a protection regulations designed to close the Member of the Census Subcommittee, I am a single hearing so that members could understand the ramifications of the legislation and loophole allowing big oil companies to con- glad to see that this measure provides for the tinuing evading their responsibilities in paying continuation of the Census beyond the June without any action by the full House so that Members could debate and vote on the issue. off their share of off-shore oil drilling. 15 deadline; I support our nation’s efforts to- Oil companies have been undervaluing oil wards NATO’s peacekeeping goals; and I sup- This provision has no business being on an emergency supplemental appropriations bill royalties for years, and this rider bars the Min- port relief for those victims in Central America eral Management Service from promulgating and the Caribbean. However, I cannot tell my that provides disaster aid for Central America and funds for military operation and refugee regulations prohibiting this practice. constituents back home that I turned my back I urge the rank and file members of this on some of our nation’s most vulnerable, relief in Kosovo. It is not an emergency appropriation issue in House to stand up and oppose this con- some of my district’s most vulnerable. The any sense. What it is, however, is one of the ference report. poor who need food stamps or section-8 as- biggest giveaways of federal health care dol- Mr. WEYGAND. Mr. Speaker, over the past sistance. lars I have seen in my entire congressional three weeks the House debated the current Mr. Speaker, when I grew up, I was taught career. situation in Kosovo. Our discussion began with that patience is a virtue, do unto others as you The size of this giveaway is breathtaking. a debate on Congress’ role in the foreign pol- would have them do unto you and that a na- Nearly $140 billion federal health care dollars icy decision making process and concluded tion can only be as great as its weakest and are being given to the states to spend as they with funding proposals for the ongoing military most vulnerable because their voices often are please. That is enough to pay for the existing not heard in the great decision and influence- operations in Kosovo. out-of-pocket prescription drug costs for every During the first week of debate, I opposed making centers of our society. The attack on single Medicare beneficiary who currently three resolutions that I believe sent the wrong the nation’s poor is alarming. These constitu- lacks prescription drug coverage. Yet these ents don’t have the money to hire a slick lob- message to our troops, allies, and enemies. federal health care dollars are being relin- The message was that the United States was byist to cut a deal for them in order to secure quished with absolutely no commitment that their interests. Public housing residents are not committed to ending the tragedy in the states spend the money on improving pre- Kosovo. Last week I voted in favor of the easy targets. Oftentimes they are poor, vent youth smoking, improving public health, uneducated, un-employed, unskilled, un-orga- emergency supplemental appropriations bill. I or increasing access to health care. did so to show my continued support of our nized, un-registered, under-fed, undernour- Mr. Speaker, when history looks back on ished and physically segregated. troops and because I believe it is important to this legislation, it will be seen as a deal that provide them with the tools they need to com- Mr. Speaker, the 7th Congressional District served the tobacco interest, not the public of Illinois has more public housing residents plete their mission. health interest. I strongly believe that it is the However, I am disappointed that within that than any other Congressional District in the height of irresponsibility for the Congress to emergency supplemental appropriations bill nation, second to only one district in New give away billions of federal health care dol- there were substantial increases in defense York. Two-thirds of all public housing residents lars for nothing. I strongly urge my colleagues spending, above what the President requested in Chicago, reside in the 7th Congressional to vote no on H.R. 1141. District. If the people in public housing were a Mr. SHAYS. Mr. Speaker, I voted for both and outside of the normal process by which separate city in Illinois, it would be Illinois’ sec- supplemental appropriation bills. those items would be funded. ond largest city. When the Section 8 list I voted for the bill to assist Hurricane Mitch This appropriations bill nearly doubled the opened in July of 1997, the Chicago Housing victims because this House made a good faith amount the Department of Defense and the Authority Corporation (CHAC) received over effort to offset the spending costs. President requested for the Kosovo operation. 150,000 applicants; only 25,000 applicants I voted for the defense spending package Included in the bill were many programs and were allowed to be placed on the list via lot- because there is a war in Kosovo and we projects that are not, in my view, emergencies. tery; of that 25,000 on the lottery list—only ap- need to pay for it. I do not question the validity of these projects proximately 3,000 have received Section 8 But this Conference Report reflects the old, or programs, in fact I would likely support certificates, to date. tired ways I thought we had put to an end some of them. However I am opposed to What we don’t know is how many women, when the Republican majority was elected in highjacking the process by which the House children and families in the absence of Section 1994. normally considers such expenditures. 8 will have no other alternative. Mr. Speaker, last week, 381 Members voted We have many issues to address including Mr. Speaker, in the name of fairness and for the Upton Motion to Instruct Conferees to social security, medicare, home health, edu- justice; in the name of commitment to all pass a clean emergency spending resolution. cating our children, making our communities

VerDate jul 14 2003 14:24 Jan 13, 2005 Jkt 069102 PO 00000 Frm 00049 Fmt 0688 Sfmt 9920 E:\BR99\H18MY9.001 H18MY9 9964 CONGRESSIONAL RECORD—HOUSE May 18, 1999 more livable, preserving our national re- vented nor hindered Milosevic’s violent reign. of contingency operations which the military is sources, and the list goes on. Whatever your Indications are, in fact, that violence has ac- not prepared to handle. particular view on these issues they should be celerated since the air strikes began. It has been reported: debated and prioritized through the normal While humanitarian issues are of grave con- —The U.S. Army conducted 10 operational budget process. Using emergency appropria- cern, the effectiveness of the NATO air strikes events from 1960–1991, 31 years. Since tions bills to fund programs normally consid- remains questionable. Having recently traveled 1991, the Army has conducted 26 operational ered through the regular authorization/appro- to Tirana, Albania, and Skopje, Macedonia, I events. At the same time, the President has priations process means there will be fewer have witnessed first-hand the humanitarian cri- drastically reduced our military capabilities. resources to address the issues of great na- sis facing Europe. I have also participated in —Since 1987, active duty military personnel tional importance. In addition, the critical na- extensive briefings on the crisis by Supreme have been reduced by more than 800,000. In ture of future emergencies is diminished. Allied Commander—Europe (SACEUR) Gen- 1992, there were 18 Army divisions. Today The full House should have the opportunity eral Wesley Clark. There is no question that there are 10. In 1992, there were 24 fighter to debate what our national priorities are and the situation on the Balkan Peninsula is grim. wings. Today there are 13. In 1992, there at what level to fund them. Corrupting the nor- The question that remains is what the United were 546 Navy ships. Today there are less mal budget process by using emergency States and its European partners in NATO than 330. spending bills does not provide the House with should do to end the violence and help rebuild —On recent inspection of one base, the opportunity to sufficiently consider and the lives of hundreds of thousands of Kosovar Lemoore Naval Air Station, in California, it was prioritize many worthy programs. Ablanians that have been driven from their found that 43% of the Hornet strike fighters Again, I am voting in favor of the Kosovo homes. were ‘‘not flyable’’ due to a lack of parts. The supplemental appropriations bill because I be- Slobodan Milosevic is a shrewd and experi- squadrons had 61% fewer jet engines than lieve it is absolutely necessary to provide our enced military commander who has used mili- needed to keep all their aircraft flying. troops with the tools and support they need to tary power to expel the Kosovar Albanian —In order to carry out operations in Kosovo, complete their mission. I do not, however, rebels (the Kosovar Liberation Army or KLA) the President ordered a temporary suspension support abusing this bill and the legislative from Kosovo and to put extensive defenses in of enforcement in the Iraqi Northern no fly process. place in Kosovo, significantly enhancing his zone; removed a carrier battle group from the Mr. COLLINS. Mr. Speaker, the post World military position on the ground. President Clin- Western Pacific; called 33,102 reservists; and War II, culturally diverse Socialist Federal Re- ton and the other 18 NATO leaders have, on committed nearly 7 of the American military’s public of Yugoslavia was comprised of a num- the other hand, allowed political considerations 20 combat air wings. ber of different ethnic groups living together to govern military decisions in the air cam- —If there were another military flare-up under the rule of Josip Broz Tito. The death of paign. In spite of the campaign, ethnic cleans- somewhere else in the world, the U.S. would Tito and the ensuing breakdown of the coming has accelerated and the FRY military has not have the military resources to respond. munist world led to the partitioning of the now fortified its southern defenses, presenting Over the past many months, I have joined Yugoslav federation into semi-autonomous a greater threat to a potential invasion force other Members of the House and Senate in states. The partitioning of the federation led to today than was present when NATO bombing exercising my Constitutional duty to prevent increased instability and animosity between began. Presidential actions detrimental to our country. the different ethnic groups. Because NATO air strikes have little chance This extended to voting to impeach. However, In 1987, Slobodan Milosevic came to power of accomplishing their stated goals, and be- all efforts to curtail these actions have failed. as Yugoslav president. The different provinces cause the human and economic costs of I can assure you, however, I will not fail in my of Yugoslavia had been treated as equal enti- launching a ground campaign far outstrip the Constitutional duty to protect the security and ties, but in 1989 Milosevic abolished the semi- potential benefits of such an action, I believe freedom of this nation, and most importantly, autonomous status of Kosovo, which is com- that the NATO air campaigns must stop imme- to protect those who defend it. prised of 90% ethnic Albanians. Although Al- diately. It is time for NATO to seek a nego- Ms. WOOLSEY. Mr. Speaker, I rise in banians are the overwhelming majority, the tiated settlement that will allow the Kosovar Al- strong opposition to this conference report for Serbs consider Kosovo to be an historic land- banians to begin to rebuild their lives. several reasons. First and foremost, it is a mark where their ancestors attempted to fend I have represented the views of many of my runaway train of unauthorized spending that off the assault of the Ottoman Empire, and constituents throughout this crisis and have circumvents the regular appropriations proc- these conflicting interests have led to great exercised my conscience and judgment in ess. There is additional spending in this bill I controversy and fighting. doing everything possible to end the Balkan would support under the normal appropriations In 1991, Slovenia, Croatia, and Bosnia de- conflict. I voted against sending ground troops process such as the military pay raise. But clared independence from Yugoslavia. Al- to the area. I voted against continuation of air there are many more proposals I would not though Milosevic had sought to protect the strikes, I voted to withdraw our troops, and I support and I will not be railroaded into voting Serb influence in those countries, the Serb voted to prohibit the President from sending for them as part of a catchall spending bill. populations were so small in Slovenia and ground troops without the express authoriza- While I oppose our current intervention in Croatia that it was not feasible to fight for po- tion of Congress. However, despite the clear Kosovo and I firmly believe we should stop the litical control. Milosevic was, however, a major messages of opposition form the U.S. House bombing right now and work towards peace, I instigator of the all-out war for control of Bos- of Representatives, the war continues. Now understand and support the necessity of pay- nia, where there was a very large Serbian only two people can stop it: President Clinton ing for our past commitments. But I do not population. A peace agreement to end the or Yugoslav President Slobodan Milosevic. support a blank check for unlimited defense Bosnian war was signed by the warring parties Congress has no means of direct recourse spending, I do not support adding billions of in late 1995. against Milosevic, so we are left to deal with dollars of pork barrel projects, and I certainly The conflict over Kosovo has continued to the other leader, our Commander in Chief, do not support trying to use this must-pass bill heighten. When Milosevic revoked its auton- who has chosen to continue the engagement. as a sneak attack on our environment. omy, many Kosovars said they would settle for I believe the President’s actions are dan- Yes, let’s help the refugees and provide the nothing less than complete independence, and gerous to this country. He has placed our men limited funding originally requested by the since 1995, the Kosovo Liberation Army (KLA) and women in harms way, yet continues to President for the Kosovo crisis. Let’s also pro- and Serb policemen have been fighting for po- oppose providing the resources to support vide the other emergency funding needed to litical control. Milosevic’s desire to maintain them. He has yet to recognize the ramifica- pay for agriculture disasters and for the dam- the integrity of the Yugoslavian territory and tions of his drastic downsizing of our military. age caused by Hurricane Mitch. And that’s all the historical value of Kosovo, coupled with But his deployment in the Balkans has ex- we should be paying for. the Kosovar Albanians’ drive for independence posed the critical nature of the situation. The The fact that the majority is trying to use has evolved into today’s conflict. armed forces’ ability to prevail in two major this bill to circumvent mining laws and line the Aggression has continued to escalate, and theaters of conflict in a reasonable amount of pockets of oil companies is a perfect example after failed attempts at a diplomatic resolution, time and with minimum casualties has long of how this bill has gotten out of control. I for NATO air strikes began on March 24, 1999. been the acceptable level of defense. The one will not stand for this assault on our envi- The air strikes, however, have neither pre- President has created a third combat theater ronment. I call on the majority to take this bill

VerDate jul 14 2003 14:24 Jan 13, 2005 Jkt 069102 PO 00000 Frm 00050 Fmt 0688 Sfmt 9920 E:\BR99\H18MY9.001 H18MY9 May 18, 1999 CONGRESSIONAL RECORD—HOUSE 9965 back to the drawing board and remove these This bill contains over $5 billion in excess by the states of Florida, Texas, Mississippi anti-environmental provisions as well as the funding, anti-environmental riders and cuts to and Minnesota will total $40 billion over the extra billions of dollars in unrelated spending important programs to offset a portion of the same period. that they put in it. No to pork barrel projects, excess spending. The so-called ‘‘emergency’’ These funds are now in serious jeopardy, no to unlimited defense spending, and no to items in this Conference report include $1.3 however, because the Department of Health environmental riders. million for a world trade conference in Seattle, and Human Services has renewed its plans to I urge my colleagues to vote ‘‘no’’ on this over $3 million to refurbish the dorm for House seize a large portion of the states’ recoveries. supplemental appropriations agreement. pages, and a $700,000 increase for House The President’s Fiscal Year 2000 budget pro- Mr. WU. Mr. Speaker, I rise today in opposi- leadership office budgets. These items may be poses to withhold almost $5 billion per year tion to the Supplemental Appropriations Con- necessary, and can be debated in the normal from federal Medicaid payments to states be- ference Report, and in support of the motion authorization and appropriations process, but ginning in Fiscal Year 2001. This amount rep- to recommit offered by Congressman DEUTSCH they certainly are not emergency projects. resents about half of what the states would re- and Congressman INSLEE. It is fiscally irresponsible to fund non-emer- ceive under the multi-state settlement. This bill contains anti-environmental riders gency budget items using the Social Security This proposal to raid states’ settlement inserted in dark of the night. surplus in an attempt to circumvent the budget funds is a thinly-veiled attempt at highway rob- Mr. Speaker, I have only served in this caps. And it is just plain wrong to take advan- bery. A number of states did not even assert House for four months, but I can tell you al- tage of our troops in the field and victims of Medicaid claims in their tobacco lawsuits. ready that this is NOT how we should go real disasters to spend taxpayer dollars reck- Other states’ Medicaid claims were dismissed about passing substantive legislation. lessly and carelessly. We should defeat this by the courts, and some states did not sue at The people of Oregon, three thousand miles report and instead pass a true emergency all. In addition, states’ lawsuits raised a variety away from this House today—have entrusted funding bill. of claims, including consumer protection, rack- me with the responsibility to represent them— Mr. BILIRAKIS. Mr. Speaker, I rise in sup- eteering, antitrust, and civil penalties for viola- and to keep a watchful eye out for this kind of port of H.R. 1141, the Supplemental Appro- tions of state laws. reckless activity. priations Conference Report, which includes Ironically, the dispute regarding the status of Mr. Speaker, none of these provisions— provisions to protect state tobacco settlement these funds—and resulting budgetary uncer- which are so damaging to our natural environ- recoveries from seizure by the federal govern- tainty—has prevented states from moving for- ment—passed either the House OR the Sen- ment. As Chairman of the Health and Environ- ward with new initiatives to reduce teen to- ate. ment Subcommittee, I have worked on a bi- bacco use and improve public health. Many We have a system of public scrutiny and ac- partisan basis to protect the settlement funds state legislatures are currently in session, and countability in America—this bill attempts to obtained by Florida and other states in their budget negotiations are reaching conclusion. sneak by those mechanisms. lawsuits against the tobacco industry. Congressional action is needed to ensure that This attempt to sneak anti-environmental The language of the conference report is state legislatures can appropriate settlement stealth riders under the noses of the American similar to H.R. 351, legislation I introduced in funds with confidence. people is unacceptable. The three anti-envi- the House earlier this year. This proposal en- We should also recognize that state officials ronmental riders that have been included in joys the bipartisan support of over 130 co- are just as accountable to the voters as fed- conference, have not had to face public scru- sponsors. It has also been endorsed by the eral representatives. States don’t need to be tiny. National Governors Association, the National told to fund public health programs—they are One of the stealth riders inserted behind Conference of State Legislatures, and the Na- already doing it. closed doors will effect my constituents who tional Association of Attorneys General. In my own State of Florida, all settlement live along the Columbia River in Oregon. The conference report provisions were origi- proceeds are dedicated to funding important By reversing the Interior Solicitor’s opinion nally adopted as an amendment in the other public health initiatives, including an innovative to limit the size and number of waste sites as- body, and they were retained by the conferees advertising campaign targeted at reducing to- sociated with hardrock mining, river and in the bill before us. These provisions prohibit bacco use by minors. Federal seizure of a groundwater sources will be jeopardized by the Department of Health and Human Serv- portion of these funds would essentially ‘‘de- acid mine drainage and heavy metals, such as ices from treating funds recovered by the fund’’ these critical programs. arsenic. states from tobacco companies as an over- In addition, the Florida Legislature recently Mr. Speaker, we have a responsibility to the payment under the Medicaid program. approved funding for the Lawton Chiles En- American people to call this legislation for As approved by the other body and incor- dowment Fund proposed by Governor Jeb what it is—back-room—stealth destruction of porated in the conference report, this lan- Bush. The endowment sets aside $1.7 billion our natural environment. guage does not restrict the use of state funds. of the state’s tobacco recoveries to provide a I urge my colleagues to support the The choice before us, then, is simple. Mem- perpetual source of funding for children’s Deutsch-Inslee motion to recommit. bers can either support this measure and pre- health programs, child welfare, community- Mr. KIND. Mr. Speaker, I rise today in oppo- vent a raid on state treasuries—or, they can based health and human services, and re- sition to the Emergency Supplemental Appro- oppose the bill and let the federal government search. priations Conference Report because it is fis- seize over half of their states’ hard-earned re- Other states are also directing significant re- cally irresponsible. While I supported the sup- coveries. sources to smoking cessation efforts. Many plemental bill that passed the House last week As background, the Health Care Financing states have invested years in program design, because it provided funding for our troops, I Administration first asserted a claim to states’ modification, and evaluation to determine the nevertheless hoped the Conferees would keep settlement recoveries in a letter to state Med- best ways to prevent young people from using the emergency funding for emergency reasons icaid directors in late 1997. The agency based tobacco. only. I was hopeful that in matters of war and its assertion on provisions of the federal Med- However, states have not yet received any peace, life and death, this House would play icaid statute which allow recoupment of ‘‘over- funds under the multi-state settlement. With no it straight and work in a bipartisan fashion to payments.’’ much money in question, not only is it unwise support true emergency items. This bill, how- In a subsequent hearing before my Health for states to obligate these funds, some states ever, has become a back-door loophole to in- and Environment Subcommittee, the Adminis- are constitutionally unable to appropriate crease spending for non-emergency items. tration agreed to withhold attempts to recover them. While I support legitimate emergency fund- state settlement funds until Congress had an For this reason, states are establishing trust ing items—aid to disaster victims in Central opportunity to address the subject in federal funds, endowments, and foundations as mech- America and tornado ravaged communities in legislation. At that time, only three states— anisms for receiving the settlement funds, the central United States, relief for struggling Florida, Mississippi and Texas—had secured many of which will be targeted to tobacco pre- family farmers, and resources to support our tobacco settlement agreements. vention and other health-related programs. troops in Kosovo—this body has unfortunately Last year, 46 states and the District of Co- Over a dozen states have already committed resorted to old-styled pork barrel politics. lumbia negotiated a multi-state agreement to creating a dedicated trust fund or devoting Members should not load up this emergency under which the industry will pay $206 billion considerable settlement revenues to smoking bill with their own pet projects. over the next 25 years. Previous settlements cessation programs.

VerDate jul 14 2003 14:24 Jan 13, 2005 Jkt 069102 PO 00000 Frm 00051 Fmt 0688 Sfmt 9920 E:\BR99\H18MY9.001 H18MY9 9966 CONGRESSIONAL RECORD—HOUSE May 18, 1999 In Maryland, for example, a fund was re- And while I routinely oppose legislative rid- funds to reduce smoking among teens and cently established to receive the state’s share ers on appropriations bills, I also support the young adults, to improve access to healthcare of the multi-state settlement. By law, the funds legislative language included in this bill to ad- for children, and to assist tobacco farmers and must be spent through the annual budget dress the treatment of the State tobacco set- workers in their transition to other industries. process, and the Governor must include either tlement funds under Medicaid. This language, Many States have similar programs planned or $100 million or 90 percent of the funds esti- identical to the bill introduced by the Chairman underway, while others are waiting for Con- mated to be available, whichever is less, in of the Health and Environment subcommittee, gress to resolve the question of who can lay the proposed state budget. Mr. Bilirakis, amends the Medicaid statute to claim to the money. North Carolina, one of the largest tobacco- clarify that the States will be permitted to keep Mr. Speaker, if Members believe that we producing states, recently enacted a proposal the tobacco settlement funds for the benefit of need to do more to discourage youth smoking, that dedicates 25 percent of its settlement re- their own citizens. He deserves a great deal of they need to vote for this bill and support this coveries to benefit public health. credit for his hard work on this issue. language. They need to resist efforts to ear- The State of Utah, which has one of the All of us have heard from our governors, our mark a percentage of these funds to their fa- lowest rates of tobacco usage in the nation, State legislators, and attorneys general about vorite project. They need to trust the States to has spent millions of dollars to implement ag- how important this language is to our States do the right thing. gressive initiatives. A restricted account has and our constituents. They told us about their Mr. Speaker, I urge my colleagues to sup- been established for the use of tobacco settle- plans to reduce smoking among the youth, port this bill, to support this language, and to ment funds, with high priority given to funding and to improve access to healthcare for chil- oppose efforts to strip out this language. tobacco prevention and cessation programs, dren. They have argued that they were the Mr. KLECZKA. Mr. Speaker, I rise in opposi- particularly among teens. ones who took the risk to recover these funds, tion to the Emergency Supplemental Appro- California also devotes considerable re- and the Federal Government should leave the priations Conference Report before us today. sources to programs to discourage smoking. States alone. These are all excellent argu- I oppose this $15 million bill because it con- In 1988, California took the lead in promoting ments, but the most important argument for tains authorizations that do not belong in an tobacco-related health education by passing why we must act now is the reality of the situ- emergency bill and it includes spending provi- Proposition 99. Through the initiative, Cali- ation. sions for non-emergency purposes that should fornia spends nearly $370 million per year on Some States, like Florida, settled their suits be debated in the normal appropriations proc- health and tobacco-related education and re- against the tobacco companies before the ess. search programs. States entered into the ‘‘master settlement The authorizations in this conference report Proposals to require states to dedicate a agreement’’ and have already received their should be contained in authorizing legislation, portion of their tobacco settlement funds to first payments from the tobacco companies. not in an emergency appropriations bill. These anti-smoking programs ignore the fact that The other States expect their first installments provisions include prohibiting the federal gov- states are already investing in tobacco control by the year 2002. The States are trying to ernment from both recovering part of the $246 and other public health initiatives. billion tobacco settlement and placing restric- Clearly, states have been leaders in the to- make budget decisions while the Administra- bacco debate. Their landmark lawsuits against tion has reversed course and is indicating that tions on how states could use such funds; re- the tobacco industry were solely state efforts. it will seek reimbursement for it’s share of the moving the restriction on FY 1999 funding for States assumed the financial risk of legal ac- Medicaid costs. The States disagree with the the Census Bureau; extending an existing tion to pursue these claims, and their tax- Administration’s assessment, and have drawn moratorium on revising the way crude oil from payers are entitled to the reward. a line in the sand. federal lands is valued in order to determine In fact, the federal government was invited Without legislation, we face many years of federal royalities from the leases; and exempt- to participate in these lawsuits, but it declined. protracted litigation between the States and ing a proposed mine in Washington State from In a letter to then-Florida Governor Chiles the Federal Government. The first issue that a recent Interior Department ruling that would dated June 6, 1995, Attorney General Janet would have to be resolved in any litigation have blocked the mine’s development. Reno stated: ‘‘At my request, the Depart- would be whether the Federal Government The conference report also contains $268 ment’s Civil Division has been monitoring the has any claim to this money at all. While the million worth of non-emergency spending pro- tobacco litigation. Thus far we have not been Administration believes that this is an open visions that—although offset by cuts in other persuaded that participation would be advis- and shut case, the States do not agree and programs—should not be considered as part able. We will continue to actively monitor would likely take this to the Supreme Court. of an emergency spending measure. Among these cases, however, and will reconsider this And even assuming that the Administration these are $29 million for the Postal Service’s decision should circumstances persuade us would prevail, the next question would be subsidized mail program, $48 million to re- otherwise.’’ even more complicated—determining what place a public broadcasting satellite, $3.8 mil- The Department did not reconsider, and portion of the settlement award represents re- lion to renovate the House Page dormitory states were forced to bear all of the expense imbursement for Medicaid expenses. In their here on Capitol Hill, and $1.3 million for the and risk of litigation. It is important to note that lawsuits, the States brought many different World Trade Organization Ministerial meeting these were unprecedented lawsuits against a causes of action, including state antitrust and in Seattle. These provisions and their offsets well-financed industry—with a highly uncertain consumer protection law violations. Courts should be debated on their merits in the nor- likelihood of success. would have to determine what portion of each mal appropriations process, not when we are States assumed the financial risk of lawsuits State’s settlement funds represent Medicaid trying to provide funding for our forces in to recover tobacco-related health care costs, expenses, and to what portion of the settle- Yugoslavia and those who have been dev- and their taxpayers are entitled to the reward. ment the Federal Government is entitled. This astated by natural disasters. The federal government should not be allowed question is even more complicated when con- The legislative process through which this to raid state tobacco settlement recoveries. sidering States like Virginia, which never bill was crafted reminds me of the back-door For all of these reasons, Mr. Speaker, I urge brought a suit but participate in the settlement, deals and spending pile-ons that characterized Members to support passage of H.R. 1141, or the numerous other States which did bring the pork-laden Omnibus Appropriations bill last the Supplemental Appropriations Conference suits but had their Medicaid claims tossed out fall. At that time, then-Chairman of the Appro- Report. of court. priations Committee Bob Livingston said ‘‘We Mr. BLILEY. Mr. Speaker, I rise today in The end result is that the funds—which ev- on the Committee on Appropriations are not support of the conference report on the Emer- eryone agrees should be used in large part to happy doing our business that way. We are gency Supplemental Appropriations bill. This reduce youth smoking and improve public prepared to work with anyone willing to restore legislation rushes aid to people in need all health—will sit in bank accounts doing nothing the integrity of the process.’’ Apparently that over the world and here at home. It also pro- well into the next century. That is a result that integrity has yet to be restored. vides badly needed funds to modernize and none of us wants. Mr. Speaker, how quickly we have forgotten improve our military readiness and to support I have every confidence that other States, if the lessons of last fall. I regret being put in a NATO so that we can bring the conflict in they are allowed to proceed with their plans, position of voting against poorly crafted legis- Kosovo to a speedy and successful conclu- will follow the lead of my own State of Virginia. lation that includes some goals I support. I re- sion. Virginia has already pledged most of these mind my colleagues that the Administration

VerDate jul 14 2003 14:24 Jan 13, 2005 Jkt 069102 PO 00000 Frm 00052 Fmt 0688 Sfmt 9920 E:\BR99\H18MY9.001 H18MY9 May 18, 1999 CONGRESSIONAL RECORD—HOUSE 9967 originally requested $7.3 billion total for tion last Congress and again this year to close closer to providing funds to assist Maine’s re- Kosovo and natural disasters. Today’s legisla- the herring and mackerel fisheries to new covery from the ice storm that devastating the tion has been ballooned to $15 billion. I urge large vessels until a stock assessment could Northeast in January, 1998. a vote against this bill. Let’s support our be completed, and until fishery management The conferees agreed to transfer $230 mil- troops and assist those victims of natural dis- plans for the two species were in place that lion of funds appropriated last year for disaster asters who are truly in a state of emergency, specifically allowed for large vessels. In the assistance from the Department of Housing but let’s do it the right way. last Congress, that bill passed the House but and Urban Development to the Federal Emer- Mr. SAXTON. Mr. Speaker, the conference was not acted on in the Senate. This year, the gency Management Agency. This action report for H.R. 1141, the Emergency Supple- measure has been approved by my sub- leaves at HUD about $83.6 million in FY 1998 mental Appropriations Act, contains good committee, and it awaits full Resources Com- and FY 1999 disaster funds. news for northeastern striped bass and blue mittee action. Distribution of this money has been delayed fish fishermen. That’s because important food The moratorium on large fishing vessels is too long. HUD has already announced how it sources for these species—herring and mack- a good idea. This provision allows the coun- will allocate the remaining money. The con- erel—have been protected by virtue of a provi- cils, with concurrence of the Secretary, to de- ferees left this funding with HUD so that the sion in this bill. cide when and how it is appropriate to let allocations would be honored. They directed The provision would prohibit the National these large vessels into the fishery. The coun- HUD to ‘‘award the remaining funds in accord- Marine Fisheries Service from issuing permits cils need the time to react to what could be a ance with announcements made heretofore by to allow large factory-type trawlers into the sudden, unsustainable increase in harvest. the Secretary, including allocations made pur- herring and mackerel fisheries without the ex- This bill gives them the time to develop fishery suant to the March 10, 1999, notice published pressed consent of the governing Fishery management plans. Sadly, the NMFS seems in the Federal Register, as expeditiously as Management Council under the Magnuson- content to wait until the stocks crash before possible.’’ Stevens Act. Why is Congressional interven- taking action to protect these fisheries. As Announced allocations for the state of tion in management of these two species someone who has witnessed the pain and Maine include $2,118,000 in March 1999, and needed? Herring and mackerel are two fish- economic suffering experienced by those fish- an additional $17,088,475 on May 4, 1999, eries on the East Coast that have not been ermen in New England, I do not believe that pursuant to the March 10 notice in the Federal fished to the limit—YET, and these fish are a we should fish now and pay later. We must Register. I am including for the record a letter major food source for at least two near shore end this cycle of destroying our resources I received from the Department dated May 4, species, stripers and bluefish, that are favor- without knowing how much fishing pressure which states that these funds can be used to ites of recreational fishermen. they can endure. This provision will help to address the largest unmet need in my state— Over the last several years, mackerel world conserve our Atlantic herring and mackerel to provide relief to electric ratepayers from the market prices have increased substantially be- stocks, and preserve the food source for strip- costs of restoring essential services in the cause Eastern European countries can no ers and bluefish. wake of the storm. I urge the adoption of this important meas- longer depend on government price supports, We appreciate the work of the conferees in ure. which kept prices artificially low for decades. the effort. The next step is to ensure that Mr. LAFALCE. Mr. Speaker, I rise to ex- This has created new fishing pressure. Herring press my concern about the $350 million re- these funds are made available without further populations have recently recovered from se- scission in Section 8 affordable housing re- delay to be used by the State for the unmet verely low numbers. The population collapsed serves, contained in this supplemental spend- needs remaining from the disaster that hit in 1978 after years of over fishing, mostly by ing bill. Maine more than 16 months ago. foreign factory trawlers. Now, largely because Just two weeks ago, HUD announced an af- DEPARTMENT OF HOUSING AND of the exclusion of foreign vessels under the fordable housing mark-up-to-market initiative, URBAN DEVELOPMENT, OFFICE OF original Magnuson Act and the lack of a major designed to preserve our affordable housing THE ASSISTANT SECRETARY FOR COMMUNITY PLANNING AND DEVEL- U.S. market for herring, the population ap- stock for lower-income seniors, disabled, and pears to be healthy. However, four large fac- OPMENT, families in expensive rental markets. Washington, DC, May 4, 1999. tory trawlers are trying to enter the herring and This initiative had strong bi-partisan support, mackerel fisheries. One of these vessels alone Hon. JOHN P. BALDACCI, with a commitment from Republican leaders to House of Representatives, is capable of harvesting more herring than the work with HUD to develop long term funding Washington, DC. entire existing fishery in the Gulf of Maine. to preserve affordable rental properties and to DEAR REPRESENTATIVE BALDACCI: Thank Similarly, the vessel is capable of harvesting protect those tenants living in properties we you for your joint letter of April 22, 1999, one-third of the estimated long-term sustain- are unable to preserve. with Senators Snowe and Collins and Rep- able catch for mackerel. So, just two weeks later, it is disconcerting resentative Allen, regarding Maine’s submis- During the herring recovery, New England to see the majority party cutting $350 million sion of additional information for Commu- nity Development Block Grant supplemental fishermen had to find alternative fisheries to from the same Section 8 account that would survive. They increasingly turned to cod and disaster funding. The deadline for submitting be used to implement these housing preserva- such information was April 26, 1999. haddock at Georges Bank. Sadly, the story is tion and tenant protection activities. I am writing to inform you that the state too familiar—the populations of these fish in This rescission is especially disturbing, in of Maine would receive an additional Georges Bank have since crashed. Now, her- light of the draconian domestic discretionary $17,088,475 in 1999 HUD Disaster Recovery Ini- ring are being targeted again. cuts adopted in this year’s budget resolution. tiative funds to address unmet disaster re- The Atlantic herring and mackerel fisheries A $350 million rescission of Section 8 recovery needs resulting from severe ice are facing a new disastrous threat because serves eliminates a source of funds that could storms, rain and high winds (FEMA–1198– large fishing vessels are poised to enter these be used to soften the blow of such spending DR). This is based on your state’s submission of additional information, under the March fisheries. High prices and the apparent abun- cuts, and to fund critical initiatives. dance of these species have attracted the at- 10, 1999, Federal Register notice. This amount This rescission calls into question the com- is in addition to amounts of $2,185,000 and tention of fishermen and businessmen mitment in last year’s pubic hosing bill to add $2,118,000, in 1998 HUD Disaster Recovery Ini- throughout the world, who have responded by 100,000 incremental vouchers in Fiscal year tiative funds previously allocated, making a investing in large fishing vessels to harvest 2000, on top of the 50,000 incrementals fund- total of $21,391,475 for Maine. These funds this American resource for sale overseas. The ed last fiscal year. For example, the $350 mil- could be used for utility reimbursement as capacity of each of these vessels exceeds 50 lion being rescinded today could fund 60,000 discussed. metric tons per year. Coincidentally, the total of these 100,000 vouchers. All amounts, except for the initial take in these fisheries, for the entire herring I hope that appropriators will find the re- $2,185,000 allocation are subject to Congres- and mackerel fleet is just about 50 metric sources to fund our commitment to affordable sional action which may transfer $313.6 million in Community Development Block tons, IN TOTAL. housing. If not, I fear we will look back at to- Grant supplemental disaster appropriations It is therefore imperative that we establish day’s action as a major reason we ran out of from HUD. The Department has been asked safeguards to prevent another fishing disaster money in the effort to meet this commitment. by Congress not to take further action until like those suffered by redfish, shark, striped Mr. BALDACCI. Mr. Speaker, the con- final resolution of H.R. 1141, the 1999 Emer- bass, cod and haddock. I introduced legisla- ference report on the supplemental moves us gency Supplemental Appropriations Act.

VerDate jul 14 2003 14:24 Jan 13, 2005 Jkt 069102 PO 00000 Frm 00053 Fmt 0688 Sfmt 9920 E:\BR99\H18MY9.001 H18MY9 9968 CONGRESSIONAL RECORD—HOUSE May 18, 1999 With these HUD resources, I am committed Kildee Millender- Schakowsky Rivers Shuster Terry to participating in the efforts to help com- Kilpatrick McDonald Shadegg Roemer Simpson Thomas munities rebuild from the devastation Kind (WI) Miller, George Shays Rogan Sisisky Thornberry Rogers Skeen Thune caused by major disasters. Kingston Minge Sherman Kleczka Mink Rohrabacher Skelton Tiahrt Sincerely, Slaughter Klink Moakley Smith (WA) Ros-Lehtinen Smith (MI) Toomey CARDELL COOPER, Kucinich Moore Spratt Roukema Smith (NJ) Traficant Assistant Secretary. LaFalce Morella Stabenow Royce Smith (TX) Turner Ryan (WI) Snyder Upton Mr. Speaker, I yield back the balance Lampson Nadler Stark Ryun (KS) Souder Walden of my time. Lantos Napolitano Strickland Neal Sabo Spence Walsh Larson Stupak The SPEAKER pro tempore (Mr. Lee Nussle Salmon Stearns Wamp Tauscher THORNBERRY). All time for debate has Levin Oberstar Sandlin Stenholm Watkins Thompson (CA) expired. Lewis (GA) Obey Saxton Stump Watts (OK) Thompson (MS) Schaffer Sununu Weldon (FL) Without objection, the previous ques- Lipinski Olver Lofgren Ose Thurman Scott Sweeney Weller tion is ordered. Luther Owens Tierney Sensenbrenner Talent Whitfield There was no objection. Maloney (CT) Pallone Towns Sessions Tancredo Wicker Maloney (NY) Pascrell Udall (CO) Shaw Tanner Wilson MOTION TO RECOMMIT OFFERED BY MR. OBEY Markey Pastor Udall (NM) Sherwood Tauzin Wolf Mr. OBEY. Mr. Speaker, I offer a mo- Martinez Payne Vela´ zquez Shimkus Taylor (MS) Young (AK) tion to recommit. Mascara Phelps Vento Shows Taylor (NC) Young (FL) The SPEAKER pro tempore. Is the Matsui Price (NC) Visclosky NOT VOTING—8 McCarthy (MO) Rahall Waters gentleman opposed to the conference McCarthy (NY) Rangel Watt (NC) Borski Gephardt Serrano report? McDermott Rodriguez Waxman Brady (PA) Lowey Weldon (PA) Mr. OBEY. I most certainly am, Mr. McGovern Rothman Weiner Brown (CA) Pelosi Speaker, but certainly not for the rea- McIntyre Roybal-Allard Wexler McKinney Rush Weygand b 2014 sons the gentleman indicated. McNulty Sanchez Wise The SPEAKER pro tempore. The Meehan Sanders Woolsey Mrs. MYRICK and Messrs. GANSKE, Clerk will report the motion to recom- Meek (FL) Sanford Wu GOSS, BOEHLERT and BISHOP Meeks (NY) Sawyer Wynn changed their vote from ‘‘yea’’ to mit. Menendez Scarborough The Clerk read as follows: ‘‘nay.’’ Mr. OBEY moves to recommit the con- NAYS—243 Ms. KILPATRICK, Ms. KAPTUR, Mr. ference report accompanying the bill H.R. Aderholt Duncan King (NY) OBERSTAR and Mr. SCARBOROUGH 1141 to the Committee of Conference. Andrews Dunn Knollenberg changed their vote from ‘‘nay’’ to The SPEAKER pro tempore. Without Archer Edwards Kolbe ‘‘yea.’’ Armey Ehlers Kuykendall objection, the previous question is or- Bachus Ehrlich LaHood So the motion to recommit was re- dered on the motion to recommit. Baker Emerson Largent jected. There was no objection. Ballenger English Latham The result of the vote was announced The SPEAKER pro tempore. The Barcia Etheridge LaTourette as above recorded. Barr Everett Lazio question is on the motion to recommit. Barrett (NE) Ewing Leach The SPEAKER pro tempore (Mr. The question was taken; and the Bartlett Fletcher Lewis (CA) THORNBERRY). The question is on the Speaker pro tempore announced that Barton Foley Lewis (KY) conference report. Bass Forbes Linder the noes appeared to have it. Bateman Fossella LoBiondo Pursuant to clause 10 of rule XX, the Mr. OBEY. Mr. Speaker, I object to Bereuter Fowler Lucas (KY) yeas and nays are ordered. the vote on the ground that a quorum Berry Franks (NJ) Lucas (OK) The vote was taken by electronic de- is not present and make the point of Biggert Frelinghuysen Manzullo vice, and there were—yeas 269, nays Bilbray Frost McCollum order that a quorum is not present. Bilirakis Gallegly McCrery 158, not voting 7,, as follows: The SPEAKER pro tempore. Evi- Bishop Ganske McHugh [Roll No. 133] dently a quorum is not present. Bliley Gekas McInnis Blunt Gibbons McIntosh YEAS—269 The Sergeant at Arms will notify ab- Boehlert Gilchrest McKeon Abercrombie Callahan Evans sent Members. Boehner Gillmor Metcalf Ackerman Calvert Everett The vote was taken by electronic de- Bonilla Gilman Mica Allen Camp Farr vice, and there were—yeas 182, nays Bono Goodlatte Miller (FL) Andrews Canady Filner Boyd Goodling Miller, Gary Armey Cannon Fletcher 243, not voting 8, as follows: Brady (TX) Goss Mollohan Bachus Capps Foley [Roll No. 132] Burr Graham Moran (KS) Baker Cardin Forbes Burton Granger Moran (VA) Baldacci Chambliss Ford YEAS—182 Buyer Green (WI) Murtha Ballenger Clement Fossella Abercrombie Clyburn Gejdenson Callahan Greenwood Myrick Barcia Clyburn Fowler Ackerman Condit Gonzalez Calvert Gutknecht Nethercutt Barrett (NE) Collins Franks (NJ) Allen Conyers Goode Camp Hall (OH) Ney Bartlett Combest Frelinghuysen Baird Costello Gordon Canady Hansen Northup Bass Condit Frost Baldacci Coyne Green (TX) Cannon Hastings (WA) Norwood Bateman Cooksey Gallegly Baldwin Crowley Gutierrez Castle Hayes Ortiz Bentsen Cox Gejdenson Barrett (WI) Cummings Hall (TX) Chambliss Hayworth Oxley Bereuter Cramer Gephardt Becerra Danner Hastings (FL) Chenoweth Hefley Packard Berkley Cubin Gibbons Bentsen Davis (FL) Hill (IN) Coble Herger Paul Berman Cunningham Gilchrest Berkley Davis (IL) Hilliard Coburn Hill (MT) Pease Berry Davis (FL) Gillmor Berman DeFazio Hinchey Collins Hilleary Peterson (MN) Biggert Davis (VA) Gilman Blagojevich DeGette Hoeffel Combest Hinojosa Peterson (PA) Bilirakis DeLauro Gonzalez Blumenauer Delahunt Holden Cook Hobson Petri Bishop DeLay Goodlatte Bonior DeLauro Holt Cooksey Hoekstra Pickering Blagojevich Deutsch Goodling Boswell Deutsch Hooley Cox Horn Pickett Bliley Diaz-Balart Gordon Boucher Dicks Hoyer Cramer Hostettler Pitts Blunt Dickey Goss Brown (FL) Dixon Inslee Crane Houghton Pombo Boehlert Dicks Graham Brown (OH) Doggett Jackson (IL) Cubin Hulshof Pomeroy Boehner Dingell Granger Bryant Dooley Jackson-Lee Cunningham Hunter Porter Bonilla Dixon Green (TX) Campbell Doyle (TX) Davis (VA) Hutchinson Portman Bonior Dooley Greenwood Capps Engel Jefferson Deal Hyde Pryce (OH) Bono Doyle Gutierrez Capuano Eshoo Johnson, E. B. DeLay Isakson Quinn Boswell Dreier Hall (OH) Cardin Evans Jones (NC) DeMint Istook Radanovich Boucher Edwards Hall (TX) Carson Farr Jones (OH) Diaz-Balart Jenkins Ramstad Boyd Ehrlich Hansen Chabot Fattah Kanjorski Dickey John Regula Brown (FL) Emerson Hastert Clay Filner Kaptur Dingell Johnson (CT) Reyes Bryant Engel Hastings (FL) Clayton Ford Kelly Doolittle Johnson, Sam Reynolds Burton English Hastings (WA) Clement Frank (MA) Kennedy Dreier Kasich Riley Buyer Etheridge Hayes

VerDate jul 14 2003 14:24 Jan 13, 2005 Jkt 069102 PO 00000 Frm 00054 Fmt 0688 Sfmt 9920 E:\BR99\H18MY9.001 H18MY9 May 18, 1999 CONGRESSIONAL RECORD—HOUSE 9969 Hayworth McKeon Scott Rogan Shays Toomey Mr. Speaker, this is a very impor- Herger Meek (FL) Shaw Rohrabacher Shuster Towns Hill (MT) Menendez Sherman Royce Smith (MI) Udall (CO) tant, bipartisan, and timely measure Hilliard Millender- Sherwood Rush Smith (WA) Upton that supports the humanitarian mis- Hinojosa McDonald Shimkus Ryan (WI) Souder Vela´ zquez sion into Kosovo to assess the humani- Hobson Miller (FL) Shows Salmon Stark Vento tarian and emergency needs of the Hoeffel Miller, Gary Simpson Sanders Stupak Visclosky Holden Mollohan Sisisky Sanford Sununu Waters more than 600,000 ethnic Albanians Horn Moore Skeen Schaffer Sweeney Watt (NC) trapped within the embattled Yugo- Hostettler Moran (VA) Skelton Schakowsky Tancredo Waxman slavian province. Houghton Morella Slaughter Sensenbrenner Terry Weiner While hundreds of thousands of fami- Hoyer Murtha Smith (NJ) Sessions Thompson (CA) Woolsey Hunter Napolitano Smith (TX) Shadegg Tierney Wu lies have fled Kosovo, an equal number Hutchinson Nethercutt Snyder NOT VOTING—7 remain, fighting disease and starvation Hyde Ney Spence while lacking water and medical care. Isakson Northup Spratt Borski Dunn Weldon (PA) They need hope, and the world needs to Istook Olver Stabenow Brady (PA) Pelosi Jefferson Ortiz Stearns Brown (CA) Serrano know now their true condition so we Jenkins Ose Stenholm stand a chance of saving their lives. b 2032 John Oxley Strickland According to the United Nations Johnson (CT) Packard Stump Mr. HILLEARY and Mr. WEINER High Commissioner for Refugees, the Johnson, E. B. Pallone Talent changed their vote from ‘‘yea’’ to Kasich Pascrell Tanner last food delivery to the displaced and Kelly Pease Tauscher ‘‘nay.’’ at-risk Kosovo population occurred 8 Kennedy Peterson (PA) Tauzin Mr. OLVER changed his vote from weeks ago. Hiding in the hills without Kildee Phelps Taylor (MS) ‘‘nay’’ to ‘‘yea.’’ King (NY) Pickering Taylor (NC) food, water, medical care for nearly 2 So the conference report was agreed months, these families and their chil- Knollenberg Pickett Thomas to. Kolbe Pombo Thompson (MS) dren are fighting to survive. Every day The result of the vote was announced Kuykendall Pomeroy Thornberry counts for them. Larson Porter Thune as above recorded. It is timely because the 13-member Latham Price (NC) Thurman A motion to reconsider was laid on Lazio Pryce (OH) Tiahrt U.N. humanitarian delegation, which the table. Levin Quinn Traficant includes the International Red Cross Lewis (CA) Radanovich Turner f Lewis (KY) Regula Udall (NM) and U.N. High Commissioner for Refu- Linder Reyes Walden PERSONAL EXPLANATION gees, is in Belgrade today. It is headed Lipinski Reynolds Walsh Mr. WELDON of Pennsylvania. Mr. Speaker, by Sergio Vierira de Mello, the United LoBiondo Riley Wamp Nations Undersecretary General for Lowey Rodriguez Watkins during recent votes on H.R. 1141, the FY 99 Lucas (KY) Roemer Watts (OK) Emergency Supplemental Appropriations Act Humanitarian Affairs. It is expected to Lucas (OK) Rogers Weldon (FL) Conference report, I was unavoidably detained head to Kosovo in the morning. Maloney (CT) Ros-Lehtinen Weller in an extended meeting. As a result, I am not They are attempting to provide the Maloney (NY) Rothman Wexler first very important independent con- Mascara Roukema Weygand recorded as voting on rollcall 131, 132, and Matsui Roybal-Allard Whitfield 133. Had I been present, I would have voted firmation of conditions within Kosovo McCarthy (NY) Ryun (KS) Wicker yes on rollcall No. 131, the vote on the rule for and Montenegro. They will also provide McCollum Sabo Wilson great help to the international commu- McCrery Sanchez Wise the Emergency Supplemental Appropriations McHugh Sandlin Wolf bill, no on rollcall No. 132, the motion to re- nity as we prepare for the potentially McInnis Sawyer Wynn commit the conference report, and yes on roll- massive emergency needs of the esti- McIntosh Saxton Young (AK) mated 600,000 to 800,000 ethnic Alba- McIntyre Scarborough Young (FL) call No. 133, the vote on adoption of the conference report. nians remaining in Kosovo. This measure urges the Federal Re- NAYS—158 f public of Yugoslavia to provide this Aderholt Ehlers Lee EXPRESSING SENSE OF HOUSE RE- Archer Eshoo Lewis (GA) delegation a safe and secure passage, as Baird Ewing Lofgren GARDING THE CONDITION AND well as freedom of access to do their Baldwin Fattah Luther HUMANITARIAN NEEDS OF REFU- job. It also encourages NATO and its Barr Frank (MA) Manzullo GEES WITHIN KOSOVO member nations to consider reasonable Barrett (WI) Ganske Markey Barton Gekas Martinez Mr. BRADY of Texas. Mr. Speaker, I measures to enhance the safety of this Becerra Goode McCarthy (MO) ask unanimous consent that the Com- international delegation during its Bilbray Green (WI) McDermott mittee on International Relations be brief humanitarian mission. Blumenauer Gutknecht McGovern Brady (TX) Hefley McKinney discharged from further consideration I would simply say that this measure Brown (OH) Hill (IN) McNulty of the resolution (H. Res. 161) express- offers hope to people who need it des- Burr Hilleary Meehan ing the sense of the House of Rep- perately. Campbell Hinchey Meeks (NY) Mr. GILMAN. Mr. Speaker, will the Capuano Hoekstra Metcalf resentatives regarding the condition Carson Holt Mica and humanitarian needs of refugees gentlewoman yield? Castle Hooley Miller, George within Kosovo, and ask for its imme- Ms. LEE. I yield to the gentleman Chabot Hulshof Minge diate consideration in the House. from New York. Chenoweth Inslee Mink Mr. GILMAN. Mr. Speaker, I thank Clay Jackson (IL) Moakley The Clerk read the title of the resolu- Clayton Jackson-Lee Moran (KS) tion. the gentlewoman for yielding to me. Coble (TX) Myrick The SPEAKER pro tempore (Mr. Mr. Speaker, I want to commend the Coburn Johnson, Sam Nadler SHIMKUS). Is there objection to the re- gentleman from Texas (Mr. BRADY) for Conyers Jones (NC) Neal Cook Jones (OH) Norwood quest of the gentleman from Texas? bringing this matter before our com- Costello Kanjorski Nussle Ms. LEE. Mr. Speaker, reserving the mittee and before the entire House. Coyne Kaptur Oberstar right to object, I yield to the gen- This measure addresses a critical sit- Crane Kilpatrick Obey tleman from Texas (Mr. BRADY), the uation concerning the tens of thou- Crowley Kind (WI) Owens Cummings Kingston Pastor sponsor of this resolution, for an expla- sands of displaced persons within Danner Kleczka Paul nation of it. Kosovo that have been cut off from the Davis (IL) Klink Payne Mr. BRADY of Texas. Mr. Speaker, I rest of the world by the brutal military Deal Kucinich Peterson (MN) DeFazio LaFalce Petri appreciate the gentlewoman from Cali- offensive of Mr. Milosevic’s military DeGette LaHood Pitts fornia yielding to me. As a member of forces. The gentleman is very timely in Delahunt Lampson Portman the Committee on International Rela- bringing this measure at this time as DeMint Lantos Rahall tions, I have appreciated her hard work we try to be of help to those hundreds Doggett Largent Ramstad Doolittle LaTourette Rangel on these and other issues affecting the of thousands of Kosovars still within Duncan Leach Rivers globe. the borders of Kosovo.

VerDate jul 14 2003 14:24 Jan 13, 2005 Jkt 069102 PO 00000 Frm 00055 Fmt 0688 Sfmt 0634 E:\BR99\H18MY9.001 H18MY9 9970 CONGRESSIONAL RECORD—HOUSE May 18, 1999 While the world’s attention has been gentleman from New York (Chairman Slobodan Milosevic should provide the nec- fixed upon the hundreds of thousands GILMAN) and the ranking member, the essary security assurances to the United Na- of Kosovars driven from their homes gentleman from Connecticut (Mr. tions interagency mission to the Federal Re- public of Yugoslavia to permit them to safe- into the neighboring countries of Mac- GEJDENSON) for permitting this timely bill to come to the floor. ly and accurately provide the international edonia and Albania, we need to be community with an objective, first-hand as- mindful that many other Kosovars, Ms. LEE. Mr. Speaker, I withdraw sessment of the condition of refugees inside perhaps exceeding the numbers who my reservation of objection. of Kosovo and all sectors of the Federal Re- have become refugees outside of Yugo- The SPEAKER pro tempore. Is there public of Yugoslavia; and slavia, are internally displaced in objection to the request of the gen- (2) the House of Representatives encour- Kosovo. tleman from Texas? ages member nations of the North Atlantic Since the exit of the international There was no objection. Treaty Organization (NATO) to weigh the The Clerk read the resolution, as fol- private aid organizations that have value of this humanitarian mission toward lows: ending human suffering in Kosovo, and to been providing assistance to the inter- H. RES. 161 consider reasonable measures to enhance the nally displaced persons, IDPs, as they safety of this international delegation dur- have become known, in Kosovo, they Whereas international humanitarian organizations such as the International Com- ing its brief humanitarian mission within have had to fend for themselves, and mittee of the Red Cross and the United Na- the Federal Republic of Yugoslavia. very little has been able to be deter- tions High Commissioner for Refugees pro- AMENDMENT IN THE NATURE OF A SUBSTITUTE mined as to their welfare and their sit- vide a vital role in assessing and responding OFFERED BY MR. BRADY OF TEXAS uation. From reports of those of their to the humanitarian needs of refugees Mr. BRADY of Texas. Mr. Speaker, I friends and relatives who have arrived around the world and, most recently, of the offer an amendment in the nature of a outside of Kosovo’s border, however, we hundreds of thousands who have fled Kosovo; substitute. Whereas, according to unconfirmed re- know that their situation is dire. The Clerk read as follows: It has become critical for the U.N. ports, hundreds of thousands of refugees remain in Kosovo at risk for their lives and re- Amendment in the Nature of a Substitute and the International Committee of quiring immediate food, shelter, and medi- offered by Mr. BRADY of Texas: the Red Cross to try to gain entry into cine; Strike all after the resolved clause and in- Kosovo and all of the Federal Republic Whereas it is the belief of the House of sert the following: of Yugoslavia to assess the humani- Representatives that the safety and lives of That— tarian situation there. This resolution these undetermined legions of refugees with- (1) it is the sense of the House of Rep- simply calls upon the FRY authorities in Kosovo are equal to the safety and lives of resentatives that Yugoslavian President to permit these organizations entry, the many refugees who have fled the region; Slobodan Milosevic provide the necessary se- Whereas the international community is curity assurances and freedom of access to which has now occurred over the last committed to providing humanitarian assist- the United Nations interagency mission to weekend, to have complete access, and ance to current and future Kosovo refugees, the Federal Republic of Yugoslavia so the to take measures to ensure their safe- while uncertain of how vast that need may international community can be provided ty. be; with an accurate, objective, first-hand as- This is not a political issue. It is one Whereas during an April 19, 1999, interview sessment of the condition of the internally simply of human decency. While it may in Belgrade with Dr. Ron Hatchett of the displaced persons inside of Kosovo and all be too much to expect such decency University of St. Thomas, Serbian President sectors of the Federal Republic of Yugo- from the perpetrators of the outrages Slobodan Milosevic agreed to and subse- slavia; and quently permitted representatives of the that we are witnessing in Kosovo, we (2) the House of Representatives encour- International Committee of the Red Cross to ages member nations of the North Atlantic do have a moral obligation in our Na- meet with and examine the condition of the Treaty Organization (NATO) to weigh the tion to demand it from them. three captured American prisoners of war; value of this humanitarian mission toward Accordingly, I urge the Members of Whereas in the same interview, President ending human suffering in Kosovo, and to the House to support this measure, to Milosevic agreed to permit representatives consider reasonable measures to enhance the support the Brady measure, a humani- of the International Committee of the Red safety of this international delegation dur- tarian measure. Cross and the United Nations High Commis- ing its brief humanitarian mission within Ms. LEE. Mr. Speaker, under my res- sioner for Refugees into Kosovo to provide the Federal Republic of Yugoslavia. ervation of objection, I would say that aid and assess the humanitarian needs of ref- Mr. BRADY of Texas (during the ugees within Kosovo and the Federal Repub- we can only guess what the conditions lic of Yugoslavia; reading). Mr. Speaker, I ask unanimous are like for the civilians remaining in Whereas on May 4, 1999, with the assent of consent that the amendment in the na- Kosovo. Many of the civilians who re- the United Nations Security Council, of ture of a substitute be considered as main in the province have likely left which the United States is a member, United read and printed in the RECORD. their homes and are camped in fields Nation’s Secretary General Kofi Annan initi- The SPEAKER pro tempore. Is there and on mountainsides to find shelter. ated a United Nations interagency assess- objection to the request of the gen- Amid this terror, unconfirmed ac- ment mission to the Federal Republic of tleman from Texas? counts suggest that the situation in- Yugoslavia to assess emergency relief and re- There was no objection. habilitation needs within the Federal Repub- side of Kosovo points to a severe lack lic of Yugoslavia and to identify the means The SPEAKER pro tempore. The of food and medicine. We are hopeful for providing such critical relief and reha- question is on amendment in the na- that an international humanitarian bilitation assistance; ture of a substitute offered by the gen- mission in Yugoslavia this week can Whereas this humanitarian mission seeks tleman from Texas (Mr. BRADY). give us a better sense of what condi- to objectively assess critical needs in the The amendment in the nature of a tions are like inside of Kosovo and areas of human rights and protection, food, substitute was agreed to. what the international community can security, nutrition, health, water and sanita- The SPEAKER pro tempore. The do to meet the needs of the people who tion, and condition of the civilian popu- question is on the resolution, as lation, and also seeks to accurately deter- remain. mine the number, location, and requirements amended. As we continue to see media coverage of the people in Kosovo and the Federal Re- The resolution, as amended, was of the plight of the Albanians who have public of Yugoslavia needing immediate and agreed to. left Kosovo, this resolution draws our future humanitarian aid; and AMENDMENT TO THE PREAMBLE OFFERED BY attention to the Kosovar Albanians Whereas this humanitarian mission is MR. BRADY OF TEXAS who we cannot see, and those are those working diligently to depart for Kosovo and Mr. BRADY of Texas. Mr. Speaker, I inside of Kosovo. I urge adoption of others sectors of Yugoslavia on May 8, 1999, offer an amendment to the preamble. if appropriate security assurances are pro- this resolution. The Clerk read as follows: Mr. BRADY of Texas. Mr. Speaker, if vided by the Federal Republic of Yugoslavia: Now, therefore, be it Amendment to the preamble offered by Mr. the gentlewoman will yield, I want to Resolved, That— Brady of Texas: thank the gentlewoman from Cali- (1) it is the sense of the House of Rep- Strike the premable and insert the fol- fornia for her support, as well as the resentatives that Yugoslavian President lowing:

VerDate jul 14 2003 14:24 Jan 13, 2005 Jkt 069102 PO 00000 Frm 00056 Fmt 0688 Sfmt 0634 E:\BR99\H18MY9.001 H18MY9 May 18, 1999 CONGRESSIONAL RECORD—HOUSE 9971 Whereas international humanitarian orga- The SPEAKER pro tempore. Is there Mr. Speaker, further reserving my nizations such as the International Com- objection to the request of the gen- right to object, I yield to the gentle- mittee of the Red Cross and the United Na- tleman from Texas? woman from Ohio (Mrs. JONES). tions High Commissioner for Refugees pro- There was no objection. Mrs. JONES of Ohio. Mr. Speaker, I vide a vital role in assessing and responding would like to thank the gentleman to the humanitarian needs of refugees The SPEAKER pro tempore. The around the world and, most recently, of the question is on the amendment to the from Mississippi (Mr. THOMPSON) for hundreds of thousands who have fled Kosovo; preamble offered by the gentleman this opportunity to be heard. Whereas, according to unconfirmed re- from Texas (Mr. BRADY). Mr. Speaker, I rise in support of the ports, hundreds of thousands of internally The amendment to the preamble was resolution with regard to Brown v. displaced persons remain in Kosovo at risk agreed to. Board of Education. In 1954, I was 5 for their lives and requiring immediate food, A motion to reconsider was laid on years old, attending the Cleveland pub- shelter, and medicine; the table. lic schools. Forty-five years later, I Whereas it is the belief of the House of f stand here blessed to be able to speak Representatives that the safety and lives of in favor of Brown v. Board of Edu- these undetermined legions of internally dis- RECOGNIZING THE HISTORICAL placed persons within Kosovo are equal to cation. SIGNIFICANCE OF THE SUPREME The desegregation order provided the safety and lives of the many refugees COURT’S UNANIMOUS DECISION who have fled the region; many opportunities for African-Amer- Whereas the international community is IN BROWN V. BOARD OF EDU- ican people in this country, even committed to providing humanitarian assist- CATION though as we stand today in many cit- ance to current and future Kosovo refugees, Mr. PEASE. Mr. Speaker, I ask unan- ies across this country desegregation while uncertain of how vast that need may imous consent that the Committee on and busing orders destroyed many of be; the Judiciary be discharged from fur- the neighborhood school systems. Whereas during an April 19, 1999, interview ther consideration of the resolution (H. I had a chance to attend Cleveland in Belgrade with Dr. Ron Hatchett of the public schools and was prepared for University of St. Thomas, Serbian President Res. 176) recognizing the historical sig- Slobodan Milosevic agreed to and subse- nificance of the Supreme Court’s unan- what I do now, law school and public quently permitted representatives of the imous decision in Brown v. Board of office. International Committee of the Red Cross to Education, repudiating segregation, I celebrate people like Thurgood meet with and examine the condition of the and reaffirming the fundamental belief Marshall, late Justice Thurgood Mar- three captured American prisoners of war; that we are all ‘‘one Nation under God, shall. I celebrate Dean Charles Houston Whereas in the same interview, President indivisible,’’ and ask for its immediate of the Howard University Law School Milosevic agreed to permit representatives consideration in the House. wherein he taught young African- of the International Committee of the Red American lawyers that it was impor- Cross and the United Nations High Commis- The Clerk read the title of the resolu- sioner for Refugees into Kosovo to provide tion. tant not to be a parasite on the com- aid and assess the humanitarian needs of in- The SPEAKER pro tempore. Is there munity but to be a spokesman for jus- ternally displaced persons within Kosovo and objection to the request of the gen- tice. the Federal Republic of Yugoslavia; tleman from Indiana? I celebrate Nathaniel Jones, retired Whereas on May 4, 1999, with the assent of Mr. THOMPSON of Mississippi. Mr. Sixth Circuit judge who worked on the United Nations Security Council, of Speaker, reserving the right to object, these cases, and James Hardiman, an which the United States is a member, United and I will not object, Mr. Speaker, attorney who represented young people Nations Secretary General Kofi Annan initi- in the Cleveland Board of Education ated a United Nations interagency assess- House Resolution 176 simply recognizes ment mission to the Federal Republic of the historical significance of the Su- desegregation. Yugoslavia to assess emergency relief and re- preme Court unanimous decision in As we stand here today, it is impor- habilitation needs within the Federal Repub- Brown vs. Board of Education repudi- tant to remember history, as the gen- lic of Yugoslavia and to identify the means ating segregation and reaffirming the tleman from Mississippi (Mr. THOMP- for providing such critical relief and reha- fundamental belief that we are all one SON) had previously said, and we need bilitation assistance; Nation, under God, indivisible. to stand here and celebrate the impor- Whereas this humanitarian mission seeks One such person was Linda Brown. In tance of equal rights for all. to objectively assess critical needs in the 1951, this little girl was in the third Mr. THOMPSON of Mississippi. Mr. areas of human rights protection, food, secu- Speaker, further reserving the right to rity, nutrition, health, water and sanitation, grade. Although there was an elemen- and condition of the civilian population, and tary school seven blocks from her object, I yield to the gentleman from also seeks to accurately determine the num- house, young Linda was forced to walk Alabama (Mr. HILLIARD). ber, location, and requirements of the people over 1 mile to another elementary Mr. HILLIARD. Mr. Speaker, I am in- in Kosovo and the Federal Republic of Yugo- school. The reason to make a little girl deed privileged to be here to discuss slavia needing immediate and future human- walk through a railroad switchyard on and to support this resolution. The Su- itarian aid; her way to school? She was black, and preme Court, when it struck down Whereas on May 14, 1999, the United Na- the school located 7 blocks from her Plessy v. Ferguson, a decision that was tions Security Council adopted Security made by a constitutional court in 1896 Council Resolution 1239 by a vote of 13–0, in- house was for white students only. as being unconstitutional, it was a le- viting the United Nations High Commission b 2045 for Refugees and other international human- thal blow for Jim Crow, for segrega- itarian relief organizations to extend relief Many years ago, George Santayana tion, as well as for discrimination. assistance to the internally displaced per- wrote, ‘‘Those who cannot remember But it also was a blow for democracy sons in Kosovo, the Republic of Montenegro, the past are condemned to repeat it.’’ because it started the snowball that and other parts of the Federal Republic of Because I revere the warning contained has gathered strength and force as it Yugoslavia; and in these precedent words today, 45 has continued to roll over the forces, Whereas the brief United Nations humani- years later, I am introducing a resolu- the dark forces of evil, the dark forces tarian mission that was initiated on May 4, 1999, subsequently departed for Kosovo and tion to recognize the historical signifi- of segregation, and the dark forces of other sectors of the Federal Republic of cance of the Supreme Court’s decision discrimination. Yugoslavia on May 15, 1999: Now, therefore, in Brown v. Board of Education. Even though we have come a long be it In 1954, the United States Supreme ways from the decision in Plessy v. Court in a unanimous decision voted to Ferguson as announced in the decision Mr. BRADY of Texas (during the strike down segregation laws in public of Brown v. The Board of Education, we reading). Mr. Speaker, I ask unanimous schools and upheld the equal protec- still have many more miles to go. consent that the amendment to the tion laws guaranteed to all Americans Unless all of us realize that in Amer- preamble be considered as read and by the Fourteenth Amendment of the ica no one is free until all of us are printed in the RECORD. United States Constitution. free, until we all realize that we still

VerDate jul 14 2003 14:24 Jan 13, 2005 Jkt 069102 PO 00000 Frm 00057 Fmt 0688 Sfmt 0634 E:\BR99\H18MY9.001 H18MY9 9972 CONGRESSIONAL RECORD—HOUSE May 18, 1999 have people that do not believe in free- the State of Maryland. The reason a Mr. THOMPSON of Mississippi. Mr. dom for everyone, that we still have Marylander rises is because Thurgood Speaker, further reserving the right to people gunning down people because of Marshall is one of Maryland’s most object, there are some other individ- the color of their skin or because of honored sons. uals who would like to speak on this; their race, we still have ethnic cleans- Thurgood Marshall, as all of my col- however, in the interest of time, let me ing in places all over the world just be- leagues know, was a member of the Su- indicate that they are in full support of cause someone is different. preme Court of the United States. the resolution: the gentleman from Il- So this resolution comes at a very There is a statue now between the Cap- linois (Mr. DAVIS), the gentleman from important time, not only in the history itol and the Governor’s mansion in An- South Carolina (Mr. CLYBURN), and the of America but in the history of this napolis of Thurgood Marshall in testi- gentleman from Maryland (Mr. world. So I am indeed happy that the mony to, not only his service to the CUMMINGS) also. gentleman from Mississippi (Mr. United States as a Justice on the Su- But what I would like to say in con- THOMPSON) brought forth this resolu- preme Court, but also the role, the clusion, Mr. Speaker, is that in submit- tion, and I support it, and I support very central role that he played as ting this legislation is to remind all of him in what he is doing. counsel in Brown v. Board of Edu- us that we have a moral obligation to Mr. THOMPSON of Mississippi. Mr. cation. purge the diverse evils of racism out of Speaker, further reserving my right to For those seeking justice in America, the fabric of harmony, justice, and object, I yield to the gentleman from for those seeking an open door to op- equality that is our share of the Amer- Illinois (Mr. RUSH). portunity, it is ironic that we just read ican legacy. We have a responsibility Mr. RUSH. Mr. Speaker, I want to in the papers about Thomas Jefferson’s to not only remember the past, but to begin by commending the gentleman family and who is a part of that family. learn from it. from Mississippi (Mr. THOMPSON) for It is really a metaphor for America, be- I also would like to thank the gen- his outstanding work on behalf of this cause all of those individuals are mem- tleman from Indiana (Mr. PEASE) for particular resolution but also on the bers of the family. allowing me to come and present this outstanding work that he has per- Jefferson said in the Declaration of resolution at this time. formed on behalf of the citizens of this Independence that this Nation was Mr. DAVIS of Illinois. Mr. Speaker, I rise in Nation throughout his tenure here in founded on the premise that all men, support of the resolution to commemorate the the Congress. and indeed he would have added today 45th anniversary of Brown versus Board of Mr. Speaker, 45 years ago, the U.S. women, are created equal. Education. Supreme Court issued a ruling in the Maryland is also home to Roger Mr. Speaker, I believe century that is now Brown v. Board of Education case that Brook Taney. His statue stands right ending began with a proclamation by W.E.B. literally changed the course of Amer- outside the Supreme Court. He was the Du Bois ‘‘The problem of the twentieth century ican history. They ruled that separate author of, of course, the Dred Scott de- is the problem of the color line.’’ I believe is inherently unequal. cision. Thurgood Marshall and Roger many people would not dispute this. Today, 45 years later, separate is still Brook Taney, two Marylanders, two As I stand before this body in honor of the unequal, and it is our responsibility as different conclusions; one in my opin- 45th anniversary of Brown versus Board of this Nation’s lawmakers to make sure ion wrong, one right. Education, I have been constantly reminded of that we never ever allow laws or poli- It is appropriate that we honor this what Mr. Dubois meant. The haunting acts of cies to exist that will threaten to take historic case. I thank my colleagues for church burnings, police brutality, and the us back to those dark days of Ameri- allowing me to join in saying that grave disparities in criminal executions have cans and American history. Brown v. Board of Education was nine made it hard to forget. So today, as we commemorate the justices saying that America, as Mar- As a result, some people feel the policies Brown v. Board of Education decisions, tin Luther King had said in 1963, needs that were put into place to solve the race let us as Members of this body recom- to live out the realities of that which it problem have failed. I believe they have failed mit ourselves to keeping alive the spir- claims to be its creed, equal justice not as a result of flawed policies, rather it is it of the historic ruling. under law for all its citizens, in their the individuals who implement them that are Again, Mr. Speaker, I want to com- diversity and in their ability to add so flawed. mend the maker of this particular reso- substantively to the quality of this For instance, common sense dictates that lution for his outstanding work on be- country. when one third of young African American half of this resolution. I am pleased on behalf of all of us males are either in prison, on parole or under Mr. THOMPSON of Mississippi. Mr. who loved Thurgood Marshall, who be- correctional supervision, liberty’s blind justice Speaker, further reserving my right to lieved that Brown v. Board of Edu- has been distributed with one open eye. We object, it is my pleasure to yield to the cation led us to a new and better day must remind ourselves that America will not gentleman from the State of Maryland and who recognized that the central prosper if a large segment of population sees (Mr. HOYER). premise of Brown v. Board of Edu- that they have no stake in it. In 1954, the Su- Mr. HOYER. Mr. Speaker, I thank cation is still at question today. preme Court understood this and corrected the distinguished gentleman from Mis- It is important that we stand and the horrid decisions of 1896 when Plessy sissippi and great leader of this House speak out for an America that believes versus Fergusion was written. for yielding to me. that every one of us is due respect However, in the aftermath of that decision, Mr. Speaker, I was 15 years of age which God endowed in us, not the the progress of America has slowed largely when I attended high school at state, not our fellow citizens, but en- because some individuals feel we no longer Suitland High School, just about 15 dowed by their creator with certain in- need to provide resources and support to help minutes from where we stand. That alienable rights; and among these are people help themselves. This is nothing new. school was a segregated school and as life, liberty, and the pursuit of happi- Frederick Douglass, years ago warned Con- we all know, the entire county was seg- ness. gress of the potential for what he called the regated. I thank the gentleman from Mis- ‘‘de facto re-enslavement of African Ameri- For my generation, the Vietnam War sissippi (Mr. THOMPSON) for giving me cans.’’ He, said, ‘‘Should the South’s ante- was a central compelling fact in our this opportunity to join him in noting bellum political system remain intact America lives. For me, it was the civil rights the historic contribution made by will indirectly renslave African Americans. Rec- movement of the 1950s. Rosa Parks Brown v. Board of Education and the ognizing this injustice, Douglass further urged showed so much courage. Martin Lu- courageous and able people who Congress to pass a civil-rights amendment af- ther King had a dream and he conveyed brought it to the Supreme Court firming the equality of blacks and whites in the that dream to all of us. through some very difficult times and United States. Douglass recognized then, But I rise not only as a member of to whom this country owes us a great what as we recognize today that this country that generation but also as a citizen of debt. must bear the responsibility to actively change

VerDate jul 14 2003 14:24 Jan 13, 2005 Jkt 069102 PO 00000 Frm 00058 Fmt 0688 Sfmt 9920 E:\BR99\H18MY9.001 H18MY9 May 18, 1999 CONGRESSIONAL RECORD—HOUSE 9973 the structures that constrain Aftican Ameri- tried to register his daughter at the nearby b 2100 white school, simply because the little girl cans. SPECIAL ORDERS Mr. Speaker, I and the other members here was black; today understand, like Douglass, the necessity Whereas Thurgood Marshall, special coun- The SPEAKER pro tempore (Mr. of government backed decisions to help en- sel for the NAACP Legal Defense Fund and a SHIMKUS). Under the Speaker’s an- prote´ge´ of Howard University Law Professor nounced policy of January 6, 1999, and courage the will of America to respond posi- Charles Houston, successfully argued that tively to the structures that constrain African the ‘‘separate but equal’’ doctrine, estab- under a previous order of the House, American. This resolution does just that. I lished by the Supreme Court in its Plessy v. the following Members will be recog- agree Congress must recognize the historical Ferguson decision in 1896, was unconstitu- nized for 5 minutes each. significance of the Supreme Court’s unani- tional; f mous decision in Brown versus Board of Edu- Whereas Chief Justice Earl Warren read AVIATION BILATERAL cation. This is why I have joined In signing this aloud, from the Court’s unanimous decision: important resolution and urge all members to ‘‘We come then to the question presented: ACCOUNTABILITY ACT do the same. Does segregation of children in public The SPEAKER pro tempore. Under a Mr. PAYNE. Mr. Speaker, today I rise in schools solely on the basis of race, even previous order of the House, the gen- though the physical facilities and other ‘tan- support of this resolution to commemorate the gible’ factors may be equal, deprive the chil- tleman from Illinois (Mr. LIPINSKI) is historic decision of Brown versus the Board of dren of the minority group of equal edu- recognized for 5 minutes. Education. This landmark court decision cational opportunities? We believe that it Mr. LIPINSKI. Mr. Speaker, I rise ended years of the separate but unequal edu- does.... We conclude that in the field of today to introduce a piece of legisla- cation of African American students in the public education the doctrine of ‘separate tion entitled the Aviation Bilateral Ac- United States. It also played a role in insti- but equal’ has no place. Separate educational countability Act. gating the larger Civil Rights Movement. This facilities are inherently unequal. Therefore, The Aviation Bilateral Account- decision is a prime example of how one per- we hold that the plaintiffs and others simi- ability Act is a bill that will require son who sees an injustice can use our legal larly situated for whom the actions have been brought are, by reason of the segrega- congressional review of all U.S. bilat- system to make that situation more tolerable. tion complained of, deprived of the equal eral aviation agreements. Inter- Oliver Brown was distressed that his young protection of the laws guaranteed by the national aviation is governed by a se- daughter had to walk across town and over Fourteenth Amendment’’; ries of bilateral civil aviation agree- dangerous railroad tracks to attend school Whereas the Brown v. Board of Education ments between nations. This means when a perfectly adequate school sat just decision struck a pivotal blow against Jim that if an air carrier from the United blocks from their home. Rather than accepting Crow laws, as well as the dark forces of rac- States wants to fly into or out of an- the status quo Oliver Brown took matters in ism and segregation; and other country, the United States Gov- Whereas the interaction of students of all his own hands and sued the school system ernment must first negotiate with the that refused to let his daughter attend the races promotes better understanding and the acceptance of racial differences: Now, there- government of that foreign country to neighborhood school because she was black. fore, be it determine the terms under which the Mr. Brown is an example to all parents and Resolved, That the House of Representa- carriers from both countries will oper- citizens in the United States. When injustices tives— ate. occur it often is our response to accept it and (1) recognizes the historical significance of U.S. bilateral aviation agreements move on. Progress has never occurred using the Supreme Court’s unanimous decision in are executive agreements. They are ne- that philosophy. I ask our parents to become Brown v. Board of Education; gotiated and signed by representatives involved in their children’s education. If you (2) heralds this watershed in our shared history as a significant advancement of the from the Department of State and from see problems with your schools or problems the Department of Transportation. In with the police in your town or neighborhood— most basic American principles of freedom, fact, Secretary of State Madeleine speak out against these injustices. justice, and equality under the law; and (3) repudiates racial segregation as anti- Albright and Transportation Secretary While the laws that created segregation and thetical to the noble ideals upon which this discrimination have been lifted, these terrible Rodney Slater recently joined rep- great Nation was founded, and reaffirms the resentatives from the People’s Repub- acts still occur. We must make our voices be fundamental belief that we are all ‘‘one Na- heard and let the United States government lic of China in signing a new U.S.- tion under God, indivisible.’’ China civil aviation agreement. know that we will not tolerate de facto seg- The resolution was agreed to. regation and discrimination anywhere in this The new agreement will govern avia- A motion to reconsider was laid on tion policy between the United States nation, not in our schools, not in our govern- the table. ment, not in our workplace and not on our and China for the next 3 years. Unfor- highways or in our police stations. f tunately, like all bilateral aviation agreements, Congress did not play any We must take the commemoration of this GENERAL LEAVE landmark legal decision which sparked the be- official role in the review or the ap- ginning of the end of legal separate but equal Mr. PEASE. Mr. Speaker, I ask unan- proval of this new agreement. laws and use it to end the segregation and imous consent that all Members may As ranking member of the House discrimination that still exists in our country have 5 legislative days within which to Subcommittee on Aviation, I strongly today. revise and extend their remarks on believe that Congress deserves to play Mr. THOMPSON of Mississippi. Mr. House Resolution 176 and House Reso- a role in reviewing and approving bilat- Speaker, I withdraw my reservation of lution 161. eral aviation agreements. As Members objection. The SPEAKER pro tempore. Is there of Congress, we represent the business The SPEAKER pro tempore (Mr. objection to the request of the gen- person, the leisure traveler, the con- SHIMKUS). Is there objection to the re- tleman from Indiana? sumer, and the flying public in general. quest of the gentleman from Indiana? There was no objection. We should have the right to make sure There was no objection. f that bilateral aviation agreements are The Clerk read the resolution, as fol- negotiated to give U.S. consumers the lows: REMOVAL OF NAME OF MEMBER most access to international aviation H. RES. 176 AS COSPONSOR OF H.R. 987 markets at the best prices possible. Whereas in 1951 Linda Brown was a third- Mr. THOMPSON of Mississippi. Mr. For example, the new U.S.-China grader and an African-American who was Speaker, I ask unanimous consent to civil aviation agreement increases U.S. forced to endure hardships such as walking a have my name removed from H.R. 987 access to China by doubling the num- mile through a railroad switchyard to get to as an original cosponsor. ber of scheduled flights and designating her black elementary school, even though a white elementary school was only 7 blocks The SPEAKER pro tempore. Is there one additional U.S. carrier. However, away; objection to the request of the gen- many industry observers believe that Whereas the Reverend Oliver Brown, Linda tleman from Mississippi? U.S. negotiators should not have set- Brown’s father, was turned away when he There was no objection. tled for anything less than access for

VerDate jul 14 2003 14:24 Jan 13, 2005 Jkt 069102 PO 00000 Frm 00059 Fmt 0688 Sfmt 0634 E:\BR99\H18MY9.001 H18MY9 9974 CONGRESSIONAL RECORD—HOUSE May 18, 1999 two additional U.S. carriers through Committee on Appropriations to reflect relations with Russia and China are se- this very large Chinese market. $12,782,000,000 in additional new budget au- verely strained. Therefore, I am introducing the Avia- thority and $3,582,000,000 in additional out- Furthermore, in today’s Washington tion Bilateral Accountability Act, a lays for designated emergency spending. In Post it was written that in Latin bill to require congressional review of addition, the Committee on Appropriations will America, Asia, Africa, the Middle East, all U.S. aviation bilateral agreements. receive $25,000,000 less in budget authority and other regions with little direct in- International aviation, which is based and $2,000,000 less in outlays for funds pre- terest in the conflict, opposition to the on bilateral aviation agreements, has a viously appropriated for arrearages that were bombings is surfacing in statements by tremendous impact on the U.S. econ- rescinded by the conference report for H.R. elected officials, in newspaper edi- omy and U.S. citizens. Congress should 1141. Overall, the allocation to the Appropria- torials of the opinion polls, and by pub- not be excluded from agreements of tions Committee will increase to lic protest. such magnitude. $585,555,000,000 in budget authority and From a policy point, it is difficult to Under the Aviation Bilateral Ac- $580,059,000,000 in outlays for fiscal year imagine how the situation could be countability Act, the executive branch 1999. much worse than it is today. Clinton must submit each new and updated bi- I also submit for printing in the CONGRES- administration spokesmen and women lateral aviation agreement to Con- SIONAL RECORD an adjusted fiscal year 2000 have criticized Milosevic forces for gress. Then a Member of Congress must allocations to the House Committee on Appro- killing innocent civilians, and right- introduce a disapproval resolution priations to reflect $1,881,000,000 in additional fully so, because Serb forces have within 20 days after receiving the new budget authority and $1,806,000,000 in killed innocent civilians. However, our agreement. If a disapproval resolution additional outlays for designated emergency bombings have killed and may be kill- is not introduced within 20 days, the spending. In addition, the outlay effect of the ing innocent civilians in Yugoslavia bilateral agreement is automatically fiscal year 1999 budget authority of H.R. 1141 today. approved and can be implemented. will result in additional outlays of However, if a disapproval resolution $5,452,000,000 for fiscal year 2000. The re- Mr. Milosevic’s forces have destroyed is introduced, Congress then has 90 scission of funds previously appropriated for much of the infrastructure in Kosovo. days to review the bilateral agreement arrearages will result in $2,000,000 less in That is true. However, our bombings and enact a disapproval resolution if outlays for fiscal year 2000. Overall, the allo- are destroying the infrastructure in necessary. If a disapproval resolution is cation to the Appropriations Committee will in- Yugoslavia today. So today we have not enacted by the end of the 90-day pe- crease to $538,152,000,000 in budget author- death, refugees, displaced persons, pain riod, the bilateral agreement is then ity and $578,201,000,000 in outlays for fiscal and suffering among the Kosovo Alba- automatically approved and can and year 2000. nians, but we also have death, refugees, will be implemented. The House Committee on Appropriations displaced persons, and pain and suf- As elected representatives of the peo- submitted the report for H.R. 1141, the con- fering among the Serbs of Yugoslavia ple, we owe it to the American conference report to accompany the Emergency today. sumer to look out for his or her best Supplemental Appropriations and Rescissions As Mr. Michael Dobbs wrote in Sun- interest. My legislation will help Mem- Act for fiscal year 1999, which includes day’s Washington Post, this adminis- bers of Congress better represent the $12,757,000,000 in budget authority and tration’s oversimplistic comparison be- flying public by giving Congress a vital $3,580,000,000 in outlays for fiscal year 1999 tween Kosovo and Bosnia and Mr. role in the review and approval of U.S. designated defense and non-defense emer- Milosevic and Hitler has helped trans- bilateral agreements. gency spending. H.R. 1141 includes form what would otherwise have been a Mr. Speaker, in closing, I would like $1,881,000,000 in budget authority and Balkan crisis into a global crisis, the to thank the 13 Members who have $7,256,000,000 in outlays for fiscal year 2000 ramifications of which are being felt joined me as original cosponsors of this designated emergency spending. not only in Yugoslavia, not only in important legislation, including the These adjustments shall apply while the leg- Kosovo, but throughout the entire gentleman from Tennessee (Mr. JOHN islation is under consideration and shall take world. DUNCAN, JR.) Chairman of the Sub- effect upon final enactment of the legislation. I would say to the President, what committee on Aviation. Questions may be directed to Art Sauer or Jim does he want? The Yugoslav Govern- I urge all Members of the House to Bates at x6–7270. ment said today it is open to peace pro- join us in cosponsoring the Aviation f posals by the G–8 foreign ministers for Bilateral Accountability Act. HOW LONG MUST BOMBINGS IN ending the crisis over Kosovo. How f YUGOSLAVIA CONTINUE? many more bombs must be dropped and how many more deaths must be COMMUNICATION FROM THE The SPEAKER pro tempore. Under a brought before we admit this policy CHAIRMAN OF THE COMMITTEE previous order of the House, the gen- has not worked? ON THE BUDGET REGARDING RE- tleman from Kentucky (Mr. WHITFIELD) VISIONS TO THE AGGREGATE is recognized for 5 minutes. I would say to the President, stop the SPENDING LEVELS SET BY IN- Mr. WHITFIELD. Mr. Speaker, how bombings, give negotiations an oppor- TERIM ALLOCATIONS AND AG- long must the bombings in Yugoslavia tunity to work. How long must the GREGATES FOR FISCAL YEAR continue? NATO has been bombing now bombings in Yugoslavia continue? 1999 for over 54 days. For what purpose? The SPEAKER pro tempore. Under a Why? f previous order of the House, the gen- The President, Vice President, and tleman from Ohio (Mr. KASICH) is rec- Secretary of State’s stated policy was NATIONAL TRANSPORTATION ognized for 5 minutes. to stop the ethnic cleansing of Kosovo WEEK Mr. KASICH. Mr. Speaker, pursuant to Sec. Albanians. They said they must act to 314 of the Congressional Budget Act, I hereby forestall a new round of ethnic cleans- The SPEAKER pro tempore. Under a submit for printing in the CONGRESSIONAL ing by Mr. Milosevic. That was the rea- previous order of the House, the gen- RECORD revisions to the aggregate spending son the bombings started. But the pol- tleman from Maryland (Mr. CUMMINGS) levels set by the interim allocations and aggre- icy has failed. The bombings have not is recognized for 5 minutes. gates for fiscal year 1999 printed in the worked. Mr. CUMMINGS. Mr. Speaker, May RECORD on February 3, 1999, pursuant to H. Today there are nearly 800,000 refu- 16 to 21 is National Transportation Res. 5. H.R. 1141, the conference report to gees in Macedonia, another 500,000 in- Week. During National Transportation accompany the Emergency Supplemental Ap- ternally displaced within Kosovo, thou- Week, I will honor the many accom- propriations and Rescissions Act for fiscal sands have been murdered, Macedonia plishments of the Department of year 1999, adjusts the allocation for the House has been destabilized, and our foreign Transportation and our dedicated

VerDate jul 14 2003 14:24 Jan 13, 2005 Jkt 069102 PO 00000 Frm 00060 Fmt 0688 Sfmt 0634 E:\BR99\H18MY9.001 H18MY9 May 18, 1999 CONGRESSIONAL RECORD—HOUSE 9975 transportation workers. I will high- In unveiling the program, Secretary have made a lot of progress in this light the human factors, the tech- Slater stated, ‘‘We want to inspire stu- area, we have roughly stayed the same. nology, education, and safety accom- dents to choose careers in transpor- Only half of Americans today in the plishments that make our transportation so that this Nation will have the workforce have any kind of pension at tation system one of the best in the skilled workforce needed to operate all. That is anything, a 401(k), a simple world. and maintain the world’s best trans- plan, a profit sharing plan, anything. Usually when we discuss transpor- portation system.’’ To me that is a major problem, one tation we comment on the aspects of I urge my colleagues to salute the that we should address here in the the industry, such as highways, air- transportation workforce for what they United States Congress, who want to planes, and railroads. But what about do every day and for the service they give Americans more access to a com- the people? The people are the element will provide in the future. fortable retirement. that make transportation work and f This means, by the way, that about have firmly established the United 60 million Americans have no pension, States transportation system as one of RETIREMENT SECURITY no private retirement savings through the safest and most efficient in the The SPEAKER pro tempore. Under a their employer. It is even worse than world. previous order of the House, the gen- that really because when we look at so The bus drivers, the airline pilots, tleman from Ohio (Mr. PORTMAN) is many of the jobs that are being created ships’ captains, locomotive engineers, recognized for 5 minutes. in our economy today, it is in the air traffic controllers, and truck driv- Mr. PORTMAN. Mr. Speaker, I am smaller businesses. This chart shows ers, to name just a few, function in a here tonight to talk about retirement that among smaller companies, the fast-paced dynamic environment that security. percentage of companies that offer any requires skill and talent to build, oper- With Americans living longer and 76 kind of a pension is even smaller. ate and maintain. million baby-boomers soon to begin These two blocks together would be all And so, it is today that we pause to their retirement years, solving Social companies of 25 or fewer employees. thank those persons who rise every day Security’s fiscal problems has to be This shows that only 19 percent of to carry out the mission of providing and should be a top priority of this them on average offer any kind of a all Americans with the freedom of Congress. And I think it is. I think it is pension plan at all. Those people who movement, a very basic freedom which a top priority of the President, as well. work in smaller businesses again where is often taken for granted: Trans- I encourage that, and I hope that we most of our jobs are being created in porting children to schools, workers to come up with a Social Security solu- our economy even have a lower possi- work, vacationers to various leisure lo- tion even this year. bility of having any kind of retirement cations all over the country. Simply stated, we thank our trans- But we also have to realize that So- savings through their employer. portation workers for bringing life to cial Security is not going to solve all of This is all happening, incidentally, at life. We know that guaranteeing an ef- our retirement security problems. So- a time when savings in our country is ficient transportation system requires cial Security was never meant to han- at an all-time low. The pension plans the best and brightest in our transpor- dle all the retirement needs of Ameri- around the country would normally be tation workforce. While new tech- cans and, in fact, for most Americans contributing to higher savings but they nologies are expanding career opportu- it does not. Rather, it is just one leg of simply are not as accessible as they nities in the transportation industry, a three-legged stool that people rely on should be. This shows the U.S. personal much of the seasoned transportation in their retirement. savings over time starting with 1935. workforce is retiring. As my colleagues can see from this Actually today we are at the lowest In 1997, the Department of Transpor- chart here, Social Security, employer level at least since the Great Depres- tation launched an innovative program provided pensions, and personal savings sion. Some economists think we are at to combat this problem. Spearheaded is the three-legged stool that Ameri- our lowest savings rate ever. That is by Secretary Rodney Slater, the Gar- cans rely on for their retirement. This another reason we need to reform our rett A. Morgan Technology and Trans- is a critical issue for all Americans, by pension laws, because pensions again portation Futures Program is a na- the way, not just those Americans who are a major part of retirement savings tional education program designed to are in retirement but those approach- but also of our overall savings in this reach and challenge one million stu- ing those retirement years. country which is so important. We dents of all ages to focus on their We must move forward with policies have a plan to try to change this. math, science, and technology skills. that make a real difference in terms of I have come up with this plan with The Department’s program was providing overall retirement security the gentleman from Maryland (Mr. named after Garrett A. Morgan, an Af- for all Americans. It will mean for CARDIN) who is also with us tonight. rican-American entrepreneur who in- many Americans the difference be- What this will do is it will provide for vented the automated gas mask and tween mere subsistence or even pov- an increase in contribution levels and traffic signal, a device that for more erty in retirement, on the one hand, compensation levels and in benefit lim- than 75 years remains the primary and real prosperity and a comfortable its for all employees. It enables us, in safety tool for managing automobile retirement, on the other hand. other words, to let people save a lot traffic. Despite his economically poor more for their own retirement. It also b 2115 background and lack of education, his takes out a lot of the well meaning but lifetime of achievement is a model of I am going to talk tonight about this very restrictive rules and regulations dedication to public service, public leg of the retirement stool called em- that have come in place with our pen- safety, and technology innovation. ployer-provided pensions. This is 401(k) sion policy. The Garrett A. Morgan program plans, it is 457 plans, 403(b) plans and Mr. CARDIN. Mr. Speaker, will the builds a foundation for success in the other defined contribution plans. It is gentleman yield? twenty-first century transportation in- also the defined benefit plans, profit Mr. PORTMAN. I yield to the gen- dustry. Designing and implementing sharing plans and so on. Pension sav- tleman from Maryland. satellite navigation and positioning de- ings are already, as this chart shows, Mr. CARDIN. First let me thank the vices, intermodal transportation facili- an important part of Americans’ retire- gentleman from Ohio for taking this ties, advanced highway construction, ment security, but not all is well with time. I know we do not have much time magnetic levitation technology, and our pension program today. Only half tonight. The point that he makes ‘‘smart growth’’ community planning of all Americans, for example, even which is so important that, yes, we are but a few of the critical needs for have a pension today. need to resolve Social Security, that is transportation and global engagement What really concerns me as we look very important. But we also need to in the new millennium. from 1983 until 1993 where we should deal with private retirement in our

VerDate jul 14 2003 14:24 Jan 13, 2005 Jkt 069102 PO 00000 Frm 00061 Fmt 0688 Sfmt 0634 E:\BR99\H18MY9.001 H18MY9 9976 CONGRESSIONAL RECORD—HOUSE May 18, 1999 community. I congratulate the gen- ing back into the workforce. This Mr. PALLONE. Mr. Speaker, on Sun- tleman on the work on the legislation would be a lot of working moms who day, May 30, the Republic of Armenia that he introduced. His point is so well stayed home to take care of kids and will hold parliamentary elections. In taken, that we have to make it easier are now coming back into the work- these last 2 weeks leading up to elec- for small business to provide employer- force, we allow them to contribute an tion day, the parties and candidates sponsored retirement plans for their additional $5,000 a year to their retire- are intensifying their campaigns and employees. We have to increase the ment plan. This will help a lot of peo- are holding rallies, meetings and using limits, not reduce, in which people can ple to be able to build up that nest egg free TV air time as well as paid comput away for their personal retirement. that is necessary for retirement. mercials to get their message out to We must make it easier for portability Mr. CARDIN. Let me just if I might the voters. Both domestic and inter- in today’s market where people change in concluding, it is important for us to national observers will closely scruti- jobs to be able to combine their pen- act on private retirement for many nize the conduct of the election to en- sion plans to make it easier for them. reasons. One is that yes, we are very sure that it is free and fair. Armenia’s We have got to remove a lot of these pleased with the growth of our econ- Central Elections Commission has complexities that we have put in the omy. We are projecting budget sur- promised equal treatment for all par- law that are preventing employers pluses. We have low rates of inflation, ties and has vowed to penalize anyone from even having pension plans to help low unemployment rates. We are very who commits illegal or fraudulent acts pleased by the signs that we see in our their employees. I just really wanted to connected to the election. economy. But there is one statistic Mr. Speaker, we Americans may take emphasize the point that he was mak- that the gentleman from Ohio pointed for granted the idea of free and fair ing that we need to act in this Con- out which is not good for our future elections, but in Armenia as a former gress on private retirement as well as and, that is, the amount of savings captive nation under the Soviet Union, Social Security. that we have as a Nation. Among the the progress of democracy and the es- Mr. PORTMAN. I thank the gen- industrial nations, we rank near the tablishments of the institutions of a tleman very much. bottom on the amount that we save on civil society in less than a decade of f a per capita basis. The chart that the independence is nothing short of re- RETIREMENT SECURITY gentleman used earlier showed that we markable. Furthermore, Mr. Speaker, The SPEAKER pro tempore (Mr. are actually saving less today than we given the fact that many of Armenia’s SHIMKUS). Under a previous order of the did 10 years ago. We should be saving neighbors are ruled by authoritarian House, the gentleman from Maryland more, particularly when we look at governments, some of which maintain (Mr. CARDIN) is recognized for 5 min- how strong our economy is. We need to a hostile and aggressive attitude, the utes. adopt here in this body policies that determination of the Armenian people Mr. CARDIN. Mr. Speaker, I yield to will make it easier for Americans to to work towards a democratic political the gentleman from Ohio. save for the future, that is good for system is all the more impressive. Mr. PORTMAN. I thank my colleague their security when they retire. It is Armenian voters last went to the from Maryland for yielding. We have good for economic growth in this Na- polls in March of 1998 to elect a Presi- been laboring at this for a couple of tion. It makes sense. It is not a par- dent. The winner of that election, years now. We have worked with a lot tisan issue. It is a bipartisan issue. I President Robert Kocharian, was here of different groups around the country urge this body during this session to in Washington last month as part of who are concerned with people being take up legislation that will make it the NATO summit. He also came to Capitol Hill to meet with Members of able to have a secure retirement. This easier for Americans to save for their Congress to discuss the prospects for includes incidentally for this proposal future. The Portman-Cardin bill is a U.S.-Armenia relations and our role in we are talking about tonight the major step forward in this direction. promoting stability and economic de- Chamber of Commerce of the United We hope that we would consider it this velopment in the Caucasus region. Ar- States, as well as the AFL–CIO. To year. Mr. PORTMAN. I would urge my col- menia’s central location in the heart of have that kind of a broad cross-section leagues on both sides of the aisle to this region at the crossroads of Europe, on any legislation around here is rath- talk to the gentleman from Maryland, Russia, the Middle East and Central er unusual. Why are all these groups talk to me. H.R. 1102 is the name of the Asia will make it an increasingly im- supporting this proposal? For one very legislation. We have a number of co- portant country for the U.S. strategic simple reason. They all have people sponsors. We are looking for more. If considerations in the 21st century. they are representing who want to pro- we can come together again on a bipar- Mr. Speaker, for a country with less vide retirement security for workers. tisan basis to solve this problem and than 4 million people living in an area This proposal is commonsense changes, get this legislation passed, it will make about the size of the State of Mary- as the gentleman from Maryland said, the difference in people’s lives. It will land, Armenia has an extremely di- to permit, for example, portability allow for millions of Americans to have verse group of political parties rep- where you can be able to take your real security in retirement rather than resenting a wide range of ideologies. pension from job to job, responding to mere subsistence. It is something that More than 800 individual candidates the increasingly mobile workforce out we can do this year. Of course we all and 21 political parties are vying for there. It also again goes into the pen- want to solve Social Security’s prob- 131 seats in the parliament; 75 seats sion rules and regulations which have lems. That may be a little more dif- will be contested in single-candidate become so burdensome that many ficult to do in this environment. But constituencies, while 56 seats are re- small employers simply will not offer a this is one where we should be able to served for a system of proportional rep- plan at all. It cuts down on those rules come together to provide for people to resentation. and regulations to the point that be able to save more for their retire- According to a recent report, 11 polit- smaller businesses are now going to be ment even outside of Social Security, ical parties and blocs have used the able to get into this business. It also even while we are working on the So- free TV air time that has been allotted cuts down some of the liability for our cial Security problem. to them. Media outlets representing di- smaller businesses. Finally, very im- f verse ideologies are covering the elec- portant, as the gentleman from Mary- tions. For the first time, the campaign land said, it has the ability for people PARLIAMENTARY ELECTIONS IN and election will be covered on the to save more for their own retirement. ARMENIA Internet. Paid political advertisements One that I particularly like that the The SPEAKER pro tempore. Under a for this election cycle have exceeded gentleman from Maryland is very sup- previous order of the House, the gen- the levels of all previous election cam- portive of is the catch-up provision, for tleman from New Jersey (Mr. PALLONE) paigns. A survey by the Armenian So- people who are over 50 years old com- is recognized for 5 minutes. ciological Association indicated that

VerDate jul 14 2003 14:24 Jan 13, 2005 Jkt 069102 PO 00000 Frm 00062 Fmt 0688 Sfmt 0634 E:\BR99\H18MY9.001 H18MY9 May 18, 1999 CONGRESSIONAL RECORD—HOUSE 9977 voter turnout would be as high as 75 Let me give my colleagues a couple Well, Lamona, the Adams family, percent, although other polls suggest of examples of people who have had lived way to the east of Atlanta, Geor- figures could be somewhat lower than problems with their HMOs. A few years gia. The hospital that they were au- that. The polls indicate that at least ago, a young woman was hiking in the thorized to go to was on the other side six parties and blocs would be able to Shenandoah mountains just a little of Atlanta, 70-some miles away. garner the 5 percent threshold of votes ways west of Washington, D.C. She fell It is a stormy night, so Mr. And Mrs. needed to be represented in the Par- off a 40 foot cliff. She was lucky she did Adams wrap up little Jimmy, get in liament. The major issue is expected to not fall into the rocky pond where she the car and start their trek. About be the economy. might have drowned. But she fractured halfway there, as they are going Mr. Speaker, I just want to stress her skull, she broke her arm, and she through Atlanta, Georgia, they pass that in the first few elections held in broke her pelvis. She is laying there at Baptist Hospital, Piedmont, Emory the first few years after Armenia be- the bottom of this 40 foot cliff semi- Hospital, all with world-renowned med- came a democracy, there were admit- comatose. Fortunately a hiking com- ical facilities and emergency rooms tedly some problems. But last year’s panion had a cellular phone and they that could have taken care of little presidential elections showed the world airlifted her into the emergency room. Jimmy Adams. But they do not have that Armenia has made significant She was treated in the hospital, in the an authorization from their insurance progress in just a few years despite the intensive care unit for quite a while, company, from their HMO, and they legacy of 70 years of Communist dicta- was in the hospital I think for over a know that if they stop, then they are torship. After the resignation of Arme- month. When she was discharged, she going to be stuck with the bill which nia’s first President, Levon Ter- found that her HMO was not going to could be thousands of dollars. Petrosian, in early 1998, the transition pay her bill. So, not being medical professionals, was handled in an orderly manner ac- Why, Mr. Speaker? The HMO said they think, ‘‘Well, we can push on.’’ cording to the nation’s constitution. this young woman, Jackie Lee is her About 23 miles from the Shriner’s Hos- The presidential election conducted in name, did not phone ahead for prior au- pital little Jimmy has a cardiac arrest two rounds was peaceful and well-orga- thorization. in the car. Picture his dad driving nized, and the legitimacy of the out- Now, think about that. Was she sup- along frantically trying to find the come was accepted by the vast major- posed to know that she was going to hospital, picture his mother trying to ity of observers inside and outside Ar- fall off that 40 foot cliff? Or maybe save her little baby’s life. menia. when she was laying there, semicoma- Turns out that little Jimmy is a Later this month, Armenia will once tose at the bottom of the cliff with a pretty tough guy. They manage to again find itself under heavy inter- broken skull, a broken arm, a broken eventually get him to the hospital national scrutiny because of the elec- pelvis, she was supposed to rouse her- alive. But because of that delay in tions. The Organization for Security self, maybe with her nonbroken arm treatment, that cardiac arrest, little and Cooperation in Europe on April 26 pull out of her pocket a cellular phone Jimmy ends up with gangrene of both set up a monitoring mission with 15 and dial a 1–800 number to her HMO hands and both feet, and both hands long-term observers deployed around and say, ‘‘Hey, you know, I just fell off and both feet have to be amputated, all the country to monitor the election a 40 foot cliff. I need to go to the hos- because of the delay caused by that campaign and administrative prepara- pital.’’ medical decision that that HMO made. tion, and to assess the implementation b 2130 I talked to Jimmy’s mother about a month ago, asked her about how little of the new electoral code. Mr. Speaker, fortunately she was Mr. Speaker, I am confident that the able to get some help from her State Jimmy was coming along now. As my Armenian people will demonstrate insurance commissioner, and she was colleagues know, despite wonderful once again during this election on May able to get that HMO’s decision re- prostheses that we have now, it is safe 30 their commitment to building a soci- versed, but as my colleagues know, Mr. to say that Jimmy is not going to be ety based on civility, the rule of law Speaker, a lot of people would not have an athlete, and I know that when he and tolerance for each other’s opinions. that basic protection because most of grows up and gets married he is not This election I think will go far once the people in this country receive their going to be able to caress the check of again to show the progress of Arme- insurance through their employer, and the woman that he loves with his hand nia’s democracy. when they get their insurance through because he has bilateral hook pros- f their employers, their State insurance theses. He is able to pull on his leg prostheses now with his arms’ stumps, MANAGED CARE REFORM commissioner does not have any jurisdiction because of a past Federal law. but he cannot get on both bilateral The SPEAKER pro tempore. Under Now, if my colleagues think the case arm prostheses without a lot of help the Speaker’s announced policy of Jan- of Jackie Lee was bad, let me tell my from his parents. uary 6, 1999, the gentleman from Iowa colleagues about another case. This Jimmy will live the rest of his life (Mr. GANSKE) is recognized for 60 min- was about a little 6-month-old boy without his hands and his feet, and do utes as the designee of the majority named James Adams. you know that in a similar situation, if leader. A couple years ago, about 3:00 in the you receive your insurance through Mr. GANSKE. Mr. Speaker, here it is, morning, James’ mother, Lamona, was your employer and your HMO has made the middle of May, and no movement taking care of him. He was pretty sick. that type of medical decision that has by the House leadership on fixing HMO He had a temperature of over 104. He resulted in the loss of the hands and abuses. Time is passing by quickly this was crying, he was moaning. As a feet of your little baby, that that HMO year. Yet the chairmen of the commit- mother can tell, her little baby was by prior Federal law is liable for noth- tees of jurisdiction have done virtually really sick. So Lamona phones that 1– ing? Hard to believe? nothing to move this forward. 800 number for her HMO. She explains: That is all the result of a law that Mr. Speaker, I have worked on this ‘‘My little baby is sick and needs to go Congress passed 20-some years ago that problem along with many others in to the emergency room soon.’’ gives total immunity for liability to an this House for over 4 years. We have She gets an authorization from this HMO that makes that type of dev- had debates and debates and debates. bureaucrat, but the authorizer says, astating medical decision that has re- The issues are laid out. They have been ‘‘I’m only going to allow you to take sulted in loss of hands and feet or laid out in a debate last year. There is little Jimmy to the Shriner’s Hos- maybe even loss of life. The only thing no excuse why we should not move pital.’’ under Federal law that that plan is re- managed care reform to the floor soon. Lamona says, ‘‘Well, where is that?’’ sponsible for is the cost of the treat- There is a real reason for this. There This disembodied voice a thousand ment that would be rendered, and after are people that are being injured by miles away says, ‘‘Well, I don’t know. all, Jimmy made it to the hospital, so HMO abuses today. Find a map.’’ he got his treatment.

VerDate jul 14 2003 14:24 Jan 13, 2005 Jkt 069102 PO 00000 Frm 00063 Fmt 0688 Sfmt 0634 E:\BR99\H18MY9.001 H18MY9 9978 CONGRESSIONAL RECORD—HOUSE May 18, 1999 Turns out a Federal judge looked at feel they have to choose between put- health at risk and paying a huge bill they the margin of safety for that HMO, and ting their health at risk and paying a may not be able to afford. I will never forget the quote. The judge huge bill they may not be able to af- All patients are put at risk if hospitals, facing uncertainty about payment, are said the margin of safety for that HMO ford.’’ forced to cut back on medical care. in this instance was razor thin, quote, That was exactly the situation that Confronted with similar outrages a few unquote; I would say, Mr. Speaker, Mr. and Mrs. Adams were in as they years ago, the industry promised to clean up about as razor thin as the scalpel that were driving along the highway with a its act voluntarily, and it does by and large had to cut off little Jimmy’s hands and really sick infant. They were not pay up for emergency care more readily than feet. trained medical professionals. They it did a few years ago. In Pennsylvania, for Mr. Speaker, I am far from alone in knew if they stopped, though, at that instance, denials dropped to 18.6% last year from 22% in 1996. holding that view that we need real unauthorized emergency room, they That’s progress, but not nearly enough. HMO reform. Last week, for example, were going to be stuck with the bill. Several state insurance commissioners have Paul Elwood gave a speech at Harvard The editorial goes on to say, quote: been hit with complaints about health plans University on health care quality, ‘‘All patients are put at risk if hos- trying to weasel out of paying for emergency HMO quality. Now, Mr. Speaker, Paul pitals facing uncertainty about pay- room visits that most people would agree are Elwood is not exactly a household ment are forced to cut back on medical reasonable—even states that mandate such name, but he is considered the father of care,’’ and this is hardly an isolated payments. Examples: the HMO movement. problem. The Medicare Rights Center Washington’s insurance commissioner sampled claims in early 1998 and concluded Elwood told a surprised group of peo- in New York reported that 10 percent in an April report that four top insurers bla- ple that he did not think health care of complaints for Medicare HMOs re- tantly violated its law requiring plans to pay quality would improve without govern- lated to denials for emergency room for ER care. Two-thirds of the denials by the ment imposed protections. Market bills. biggest carrier in the state—Regence forces, he told the group, quote, ‘‘will The editorial noted that about half BlueShield—were illegal, the state charged, never work to improve quality, nor will the States have enacted a prudent lay as were the majority of three other plans’ de- voluntary efforts by doctors and health person definition for emergency care in nials. The plans say those figures are grossly the last 10 years, and Congress has inflated. plans.’’ Nor will voluntary efforts by The Maryland Insurance Administration is doctors and health plans. passed such protection in Medicare and looking into complaints that large portions Elwood went on to say, and I quote: in Medicaid, but nevertheless the USA of denials in that state are illegal. In a case ‘‘It doesn’t make any difference how Today editorial concludes that the cur- reported to the state, an insurance company powerful you are or how much you rent patchwork of laws would be much denied payment for a 67-year-old woman know, patients get atrocious care.’’ strengthened by passage of a national complaining of chest pain and breathing Remember, this is the father of the prudent lay person standard that ap- problems because it was ‘‘not an emer- HMO movement. He is saying patients plies to all Americans. And that is why gency.’’ Florida recently began an extensive audit get atrocious care and can do very lit- in my bill, the HMO Reform Act of of the state’s 35 HMOs after getting thou- tle about it. 1999, and the bill of the gentleman from sands of complaints, almost all involving de- He goes on: ‘‘I have increasingly felt Michigan (Mr. DINGELL), the Patient nials or delays in paying claims, including that we’ve got to shift the power to the Bill of Rights, we have a provision in those for emergency treatments. patient. I am mad,’’ he said, ‘‘in part there that would have prevented the A report from the New York-based Medi- because I’ve learned that terrible care type of occurrence that we had with care Rights Center released last fall found can happen to anyone.’’ little Jimmy Adams, because it says if that almost 10% of those who called the cen- Mr. Speaker, maybe Paul Elwood was the average lay person would think ter’s hotline complained of HMO denials for emergency room bills. thinking about Jackie Lee. Maybe he that this is truly an emergency, you ER doctors in California complain that was thinking about little Jimmy can take that patient or you can go Medicaid-sponsored health plans routinely Adams. yourself directly to the emergency fail to pay for ER care, despite state and fed- Mr. Speaker, this is not the com- room and the HMO has to pay the bill. eral requirements to do so. Other states have mentary of a mother whose child was The final sentence of that editorial received similar reports, and the California injured by her HMO’s refusal to give from USA Today reads, quote: ‘‘Pa- state Senate is considering a measure to appropriate care. It is not the state- tients in distress should not have to toughen rules against this practice. The industry has good reason to keep a ment of a doctor who could not get re- worry about getting socked with big close eye on emergency room use. Too many quested treatment for a patient. Mr. health bills by firms looking only at patients use the ER for basic health care Speaker, these words suggesting that their bottom line.’’ when a much cheaper doctor’s visit would consumers need real protections from Mr. Speaker, I ask that the full text suffice. HMO abuses come from the father of of this editorial be included in the But what’s needed to address that is better managed care. RECORD at this point: patient education about when ER visits are justified and better access to primary care Now I am tempted to stop here and [From USA Today, May 4, 1999] just let his words speak for themselves, for those who’ve long and had no choice PATIENTS FACE BIG BILLS AS INSURERS DENY other than the ER, not egregious denials for but I think it is important to share EMERGENCY CLAIMS people with a good reason to seek emergency with my colleagues an understanding Early last year, a Seattle woman began care. of the flaws in the health system that suffering chest pains and numbness while Since the early 1990s, more than two dozen led Paul Elwood to reach his conclu- driving. The pain was so severe that she states have tried to staunch that practice sion. pulled into a fire station seeking help, only with ‘‘prudent layperson’’ rules. The idea is Cases involving patients who lose to be whisked to the nearest hospital, where that if a person has reason to think his con- their limbs or even their life are not she was promptly admitted. dition requires immediate medical attention, To most that would seem a prudent course isolated examples. They are not just health plans in the state are required to pay of action. Not to her health plan. It denied for the emergency care. Those same rules mere, quote, anecdotes, unquote. I payment because she didn’t call the plan now apply for health plans contracting with mean those anecdotes, if they have a first to get ‘‘pre-authorized,’’ according to an Medicare and Medicaid. finger, and you prick it, they bleed. investigation by the Washington state insur- A national prudent layperson law covering Mr. Speaker, on May 4 USA Today ance commissioner. all health plans would help fill in the gaps ran an excellent editorial on this very The incident is typical of the innumerable left by this patchwork of state and federal subject. It was entitled: ‘‘Patients Face bureaucratic hassles patients confront as rules. Big Bills as Insurers Deny Emergency HMOs and other managed care companies at- At the very least, however, the industry tempt to control costs. But denial of pay- should live up to its own advertised stand- Claims.’’ After citing a similar case in- ment for emergency care presents a particu- ards on payments for emergency care. Pa- volving a Seattle woman, USA Today larly dangerous double whammy: tients in distress should not have to worry made some telling observations. Quote: Patients facing emergencies might feel about getting socked with big health bills by ‘‘Patients facing emergencies might they have to choose between putting their firms looking only at their own bottom line.

VerDate jul 14 2003 14:24 Jan 13, 2005 Jkt 069102 PO 00000 Frm 00064 Fmt 0688 Sfmt 0634 E:\BR99\H18MY9.001 H18MY9 May 18, 1999 CONGRESSIONAL RECORD—HOUSE 9979 Mr. Speaker, there are few people in fund-raiser. A fund-raiser? Mr. Speak- Kodak explains just how dangerous the this country who have not personally er, I thought we were talking about pa- ‘‘free market’’ is to patients. Mrs. had a difficult time getting health care tient protection legislation, not cam- Jones received health care through her from an HMO. Whether we are talking paign finance reform. employer Kodak. The plan denied her about cases like little Jimmy Adams or b 2145 request for inpatient substance abuse Jackie Lee or we are talking about treatment, finding she did not meet people that we work with or even mem- To counteract this, some health their protocols. The family took the bers of our family, the HMO industry plans have even taken to bashing their case to an external reviewer, who has earned a reputation with the public own colleagues. Here in Washington agreed that Mrs. Jones did not meet one ad declared, ‘‘we do not put unrea- that is so bad that only tobacco compa- the criteria for the benefits of the plan, sonable restrictions on our doctors. We nies are held in lower esteem. but the reviewer observed, ‘‘the cri- do not tell them that they cannot send Let me give my colleagues a few sta- teria are too rigid and they do not tistics. By more than 2 to 1 Americans you to a specialist.’’ In Chicago, Blue Cross ads pro- allow for individualization of case support more government regulation of claimed, ‘‘we want to be your health management.’’ In other words, the cri- HMOs. Last month the Harris poll re- plan, not your doctor.’’ In Baltimore, teria were not appropriate. In denying Mrs. Jones’ claims, the vealed that only 34 percent of Ameri- an ad for Preferred Health Network as- cans think managed care companies do sured customers, ‘‘at your average Tenth Circuit Court of Appeals held a good job of serving their customers. health plan cost controls are regulated that the Employee Retirement Income That is down significantly from 45 per- by administrators but at PHN doctors Security Act, ERISA, does not require cent of a year ago, but 45 percent is are responsible for controlling costs.’’ plans to state the criteria used to de- certainly no statistic that I would be Mr. Speaker, advertisements like termine when a service is medically proud of if I were the HMO industry. these demonstrate that even the HMOs necessary. On top of that, the Court Even more amazing were the results know that there are more than a few ruled that unpublished criteria are a when Americans were asked whether rotten apples in the barrel. In trying to matter of plan design and structure, they trusted a company to do the right stave off Federal legislation to improve rather than implementation. There- thing if they had a serious safety prob- health care quality, many HMOs have fore, they are not reviewable by the ju- lem. Mr. Speaker, this is an amazing insisted that the free market will help diciary. statistic. When Americans were asked cure whatever ails managed care. Mr. Speaker, think about this for a whether they trusted HMOs to do the Mr. Speaker, I am a firm believer in minute. The implications of this deci- right thing if they had a serious prob- benefits to a free market, but the sion, I think, are breathtaking. Jones lem, by 2 to 1 Americans would not health care market is anything but a v. Kodak provides a road map to health trust HMOs in such a situation, and free market. Free markets are not plans to deny any type of care they that level of confidence is far behind dominated by third parties paying first want. Under Jones v. Kodak, health other industries such as hospitals, air- dollar coverage. Free markets do not plans do not need to disclose to poten- lines, banks, even the automobile man- reward customers for giving less serv- tial or even to current enrollees the ufacturers. ice. Is there any other industry in this specific criteria they use to determine In fact, about the only industry that country that gets paid for doing less? whether a patient will get treatment. fared worse than HMOs was the to- And free markets do not feature lim- There is no requirement that a health bacco industry, and anyone who still ited competition, either geographically plan use guidelines that are applicable needs proof about what the public or because an employer says here is or appropriate to a particular patient’s thinks about it just needs to go to that your health plan, take it or leave it. case. movie ‘‘As Good As It Gets.’’ Audiences Some choice a consumer has in that Most important to the plans, the de- clapped and cheered, when I went and situation, and that is about the way it cision ensures HMOs that if they are saw that movie with my wife, when is for about 50 percent of the people in following their own criteria then they Academy Award winner Helen Hunt ex- this country who get their insurance are shielded from court review. pressed a strong expletive about the through their employers. Mr. Speaker, this is why I so vigor- lack of care her asthmatic son was get- The Washington Business Group on ously opposed the bill that passed this ting from their HMOs. And no doubt Health recently released its fourth an- House last year because there was a the audience’s reaction was fueled by nual survey report on purchasing value provision in that bill that basically dozens of articles and stories very crit- in health care. Here are a few examples said the health plan can determine any ical of managed care, bolstered by real- of how the market is working to im- definition of medical necessity that it life experiences. prove quality care. Fifty-one percent of wants. Because of this law that Con- In September 1997 the Des Moines employers believe cost pressures are gress passed 25 years ago, ERISA, the Register ran an op-ed piece entitled, hurting quality. This is not employees. Employee Retirement Income Security quote, The Chilly Bedside Manner of These are the employers. In evaluating Act, the courts are holding that they HMOs, unquote, by Robert Reno, a and selecting health plans, 89 percent can do that, they can totally disregard Newsweek writer. of employers considered cost. Less than generally accepted prevailing stand- The New York Post, and I see my col- half consider accreditation status and ards of medical care. They can have league from New York (Mrs. only 39 percent consider consumer sat- their own secret protocols. MCCARTHY) sitting here waiting, she isfaction reports. Employees are given As a reconstructive surgeon I have knows the New York Post ran a series, limited information about their plans. taken care of a lot of children with a week-long series of articles on man- Only 23 percent of companies tell em- cleft lips and palates. In their own in- aged care, and some of the headlines ployees about appeals and grievance ternal plan they can say, well, yes, we were: ‘‘HMO’s Cruel Rules Leave Her processes. In the last 3 years, the per- will cover cleft lip surgery but we are Dying for the Doc She Needs.’’ centage of businesses giving employees not going to allow it until the kid is 16 Another headline blared out: ‘‘Ex consumer satisfaction results has years old. New Yorker Is Told: Get Castrated So dropped from 37 percent to 15 percent. There would be nothing under cur- We Can Save Dollars.’’ So much for the quality aspect. Over rent law that could prevent them from Or how about this one: ‘‘What His half of employers offer employees an doing that. It is totally contrary to Parents Didn’t Know About HMOs May incentive to select plans with lower generally accepted principles of med- Have Killed This Baby.’’ costs, but just 15 percent of plans offer ical care. If you were the parents, Or how about the 29-year-old cancer financial inducements to their employ- think about this. Here your baby is patient whose HMO would not pay for ees to purchase a higher quality plan. born with a great big hole in the mid- his treatments? Instead, the HMO bu- Mr. Speaker, a recent Court of Ap- dle of his face, his lip is separated that reaucrat reviewer told him to hold a peals decision in the case Jones v. far, he has a hole in the roof of his

VerDate jul 14 2003 14:24 Jan 13, 2005 Jkt 069102 PO 00000 Frm 00065 Fmt 0688 Sfmt 0634 E:\BR99\H18MY9.001 H18MY9 9980 CONGRESSIONAL RECORD—HOUSE May 18, 1999 mouth, he can’t speak, but according not binding on the plan, their decision. health plans to a flood of lawsuits that to these court cases on the interpreta- So in the end the HMO could end up would drive up costs. tion of ERISA those health plans can doing what they want. That should be Ganske’s proposal is included in a patients’ do anything they want to and they do changed. It should be binding on the bill of rights he has introduced in the House. Like several other bills awaiting action on not even need to share the information plan and there should not be a conflict, Capitol Hill, Ganske’s legislation would set with the beneficiaries. any conflict of interest, between that up a review panel outside each health plan Mr. Speaker, I have introduced legis- independent review panel. So the ben- where patients could appeal if they were de- lation, H.R. 719, the Managed Care Re- efit to the patient of that is that they nied care. Patients could also take their ap- form Act, and it addresses these prob- get to have a second opinion that is peals to court if they did not agree with the lems. It gives patients meaningful pro- free of any taint of conflict of interest review panel. tections. It creates a strong and inde- on the part of either the doctor or the But Ganske added a key provision designed pendent review process. It removes the health plan. to appeal to those concerned about an explo- sion of lawsuits. If a health plan followed the shield of ERISA which health plans The benefit to the plan is this, and review panel’s recommendation, it would be have used to prevent State court neg- when I talked about this with the CEO immune from punitive damage awards in dis- ligence actions. of my own Blue Cross Blue Shield plan putes over a denial of care. The health plan It has received a lot of support, Mr. in Iowa, he said, Greg, we are imple- also could appeal to the review panel if it Speaker. It has been endorsed by con- menting the patient bill of rights. It is thought a doctor was insisting on an untest- sumer groups like the Center for Pa- costing us almost nothing. We will see ed or exotic treatment. Again, health plans tient Advocacy, the American Cancer no premium increases from that. On that followed the review panel’s decision Society, the National Association of that issue of liability, if there is a dis- would be shielded from punitive damage Children’s Hospitals, the National Mul- awards. pute on a denial of care, I could see This seems like a reasonable compromise. tiple Sclerosis Society. It has also been going to an independent panel for an Patients would have the protection of an supported by many health care pro- external review and I could see that independent third-party review and would vider groups such as the American panel determining medical necessity, maintain their right to go to court if that Academy of Family Physicians whose and I could see it being binding on us, became necessary. Health plans that fol- members are on the frontlines. They but if an independent panel has made lowed well-established standards of care— are the gatekeepers. They have seen that decision and it is binding on us, and they all insist they do—would be pro- how faceless HMO bureaucrats thou- and we did not make that decision, i.e., tected from cases such as the one that re- sands of miles away, bureaucrats who cently resulted in a $120.5 million verdict the health plan did not make the deci- against an Aetna plan in California. Ganske, have never examined a patient, denied sion, then we should be free of punitive incidentally, calls that award, ‘‘outrageous.’’ needed medical care because it does damages liability. That is what I put What is also outrageous is the reaction of not fit their plan ‘‘criteria.’’ into the bill. the Health Benefits Coalition, a group of I want to focus on one small aspect of So there is a carrot to the patient to business organizations and health insurers my bill as it relates to liability. It has get that second opinion but there is that is lobbying against patients’ rights in been a firm principle of this Repub- also on a dispute an incentive for the Congress. No sooner had Ganske put out his lican Congress that people should be health plan to take it to that inde- thoughtful proposal than the coalition issued responsible for their actions. In the in- pendent panel. a press release with the headline: Ganske Managed Care Reform Act—A Kennedy-Din- dividual insurance market, if Blue Let us say that a patient asks for gell Clone? Cross Blue Shield sells a plan to an in- apricot juice in order to treat cancer The headline referred to Sen. Edward M. dividual and Blue Cross Blue Shield and the health plan very appropriately Kennedy, D-Mass., and Rep. John D. Dingell, makes a medical decision that results says, no scientific evidence for that, D-Mich., authors of a much tougher patients’ in negligence, then they are liable. but that patient is still unhappy. The rights proposal that contains no punitive That is current law. That is the way it plan knows that they have an unhappy damage protection for health plans. is in the States. camper. In this situation, if my bill The press release said: ‘‘Ganske describes According to this law that Congress were law, the health plan could take his new bill as an affordable, common sense approach to health care. In fact, it is nei- passed 25 years ago, if that plan is a that to the independent panel. They ther. It increases health care costs at a time self-insured plan they skate free. They would know that they are going to get when families and businesses are facing the do not have that responsibility. That is confirmation to support their decision, biggest hike in health care costs in seven wrong. Congress created that loophole but in so doing they would also protect years.’’ and Congress needs to fix it. themselves from any punitive damages There is no support in the press release for On the other hand, I do not want to liability. If they do not follow that the claim of higher costs. What’s more, the see these cases simply end up ex post independent panel’s decision, then they charge is undercut by a press release from facto in the courts. It does not do are liable for punitive damages. I think the Business Roundtable, a key coalition Jimmy Adams any good. He cannot get member, that reveals that the Congressional that is the essence of the compromise Budget Office has not estimated the cost of his hands and his feet back after the that we should have on this bill. Ganske’s proposal. The budget office is the fact. In fact, this was recently written independent reviewer in disputes over the So what do we need? We need to have about in the Hartford Courant by an impact of legislative proposals. an internal and an external appeals editorialist named John MacDonald, So what’s going on? Take a look at the process so that those disputes are re- and I would insert his editorial in the coalition’s record. Earlier this year, it is said solved before someone ends up with the CONGRESSIONAL RECORD at this point: it was disappointed when Rep. Michael Bili- rakis, R-Fla., introduced a modest patients’ injury. [From the Hartford Courant] rights proposal. It said Sen. John H. Chafee, I believe there is a reasonable com- A COMMON-SENSE COMPROMISE ON HEALTH promise that should be supported on R-R.I., and several co-sponsors had intro- CARE duced a ‘‘far left’’ proposal that contains this issue, and it works like this and it (By John MacDonald) many extreme measures. John Chafee, left- is in my bill: If there is a dispute on a U.S. Rep. Greg Ganske is a common-sense ist? And, of course, it thinks the Kennedy- denial of coverage between the patient lawmaker who believes patients should have Dingell bill would be the end of health care and his health plan, then go through an more rights in dealing with their health as we know it. internal appeals process. If there is plans. He has credibility because he is a doc- The coalition is right to be concerned still a dispute, then either the patient tor who has seen the runaround patients about costs. But the persistent No-No-No or the health plan can take that dis- sometimes experience when they need care. chorus coming from the group indicates it pute to an independent peer panel for a And he’s an Iowa Republican, not someone wants to pretend there is no problem when likely to throw in with Congress’ liberal left doctor-legislators and others know better. binding decision on the health plan. wing. This week, Ganske received an endorse- There is another difference from last For all those reasons, Ganske deserves to ment for his bill from the 88,000 member year’s GOP bill. One could go to that be heard when he says he has found a way to American Academy of Family Physicians. independent review panel but it was give patients more rights without exposing ‘‘These are the doctors who have the most

VerDate jul 14 2003 14:24 Jan 13, 2005 Jkt 069102 PO 00000 Frm 00066 Fmt 0688 Sfmt 0634 E:\BR99\H18MY9.001 H18MY9 May 18, 1999 CONGRESSIONAL RECORD—HOUSE 9981 contact with managed care,’’ Ganske said. would have to follow the State man- Do I think that we could do some- ‘‘They know intimately what needs to be dates of every State that it was in. thing on the tax side to help improve done and what should not be done in legisla- b 2200 access to care? You betcha. We could tion.’’ make available tomorrow 100 percent Coalition members ought to take a second They could continue, let me repeat, look. Ganske’s proposal may be the best deal deductibility for individuals to pur- they could continue to design a uni- chase their own health insurance, and they see in a long time. form benefits package, and they would I want to address a couple of issues we should. But, Mr. Speaker, adding continue to be exempted from indi- these other issues into this mix, in my before finishing. The first is the oppo- vidual State benefit mandates. nents to this legislation say this is opinion, is a poison pill. Now, there are some who are looking Now, recently I and the gentleman going to be too costly, this legislation at this legislation now and they want from Oklahoma, (Mr. COBURN) and the would cause premiums to just go up, to add some untested and untried, and, gentleman from Georgia (Mr. NOR- skyrocket and then people would lose in my opinion, some dangerous ideas to WOOD) have given to the chairman of their insurance. That is not true. this legislation to try to kill the legis- my committee a draft, a consensus Mr. Speaker, my bill will come in at lation. Some of these ideas are things draft on patient protection legislation, a CBO estimate less than last year’s like health marts. Health marts are and the American Medical Association patient bill of rights because I have re- sort of geographic association health has written me a letter that contains moved some of the bureaucratic report- plans. They are very similar to what high praise for that draft. Mr. Speaker, ing requirements and also because of Hillary proposed, Mrs. Clinton pro- I submit at this time full text of that the punitive damages provision that I posed in 1993, called HIPCS, Health In- have in. surance Purchasing Coops. That was letter: Even last year’s patient bill of rights not an idea that I thought was appro- AMERICAN MEDICAL ASSOCIATION, was scored by the Congressional Budg- priate at that time, and I do not think Chicago, IL, May 12, 1999. Hon. GREG GANSKE, et Office, as an estimate, for an in- it is appropriate now, and I will tell my crease of premiums of 4 percent over 10 U.S. House of Representatives, colleagues why. Washington, DC. years. That is significantly different Let me read from a letter to Congress DEAR REPRESENTATIVE GANSKE: On behalf from the advertising campaign that we from June 1997 by the American Acad- of the 300,000 physician and student members are seeing around the country now emy of Actuaries. ‘‘While the intent of of the American Medical Association (AMA), where the HMO industry is saying 4 the bill,’’ and they are referring to the I would like to thank you for your efforts in percent per year. Wrong. Republican bill, ‘‘is to promote asso- drafting a compromise patient protection Furthermore, Texas passed a bill, a ciation health plans or health marts as package for the Commerce Committee. The strong patient bill of rights, that in- a mechanism for improving small em- draft proposal, developed by Representatives cluded a stronger liability law than in Tom Coburn, MD (OK) and Charles Norwood, ployers’ access to affordable health DDS (GA), and you, is a significant mile- my bill. care, it may succeed in doing so for em- stone in the advancement of real patient pro- The Scott and White Health Plan ployees with certain favorable risk tections through the Congress. We look for- asked their actuaries how much should characteristics. Furthermore, this bill ward to working with you to perfect the we increase our premiums because of contains features which may actually draft bill through the committee process and that liability provision? The answer, 34 lead to higher insurance costs.’’ to pass a comprehensive, bipartisan patient cents per member per month. The Academy went on to explain how protection bill this year. I would estimate that my bill will those plans could undermine State in- It is imperative that a patient protection come in at a cost increase of some- surance reforms. Quote: ‘‘The resulting bill be reported out of committee and be considered on the floor prior to the July 4th re- where around $3 per month for a family segmentation’’ that would result from cess. The AMA stands ready to help further of four. That is about $36 a year for a ideas such as an association health advance these important patient protections family of four. plan or a health mart, ‘‘The resulting through the committee process, the House A survey of small business employers segmentation of the small employer floor and final passage. conducted by The Kaiser Family Foun- group into higher and lower cost The AMA applauds the inclusion of ‘‘med- dation (‘‘National Survey of Small groups would be exactly the type of ical necessity’’ language that is fair to pa- Business Executives on Health Care’’) segmentation that many State reforms tients, plans and physicians alike. We are reported that 94 percent of those em- have been designed to avoid. In this particularly pleased with the non-binding list of medical necessity considerations that ployers would continue to cover their way, exempting them from State man- you have incorporated into the draft bill. employees with health insurance even dates would defeat the public policy The AMA is pleased with the incorporation if premiums increased by double that purposes intended by State legisla- of the ‘‘state flexibility’’ provisions that amount. We are talking about a small tures.’’ allow patient protections passed by various cost in order for people to be secure in Those concerns have been echoed by states to remain in force. Allowing pre- knowing that the large amount of the National Governors Association, existing patient protection laws to remain in money that they are spending on their the National Conference on State Leg- force is critical to the success of federal pa- health care premiums, when they get islatures, the National Association of tient protection legislation such as the draft bill. sick, will actually mean something. Insurance Commissioners. They argue The draft bill also offers patients a real Mr. Speaker, we have talked about li- that AHPs, and I might add health choice by incorporating a ‘‘point of service’’ ability. We have talked about cost. Fi- marts, quote, ‘‘substitute critical State option provision. The AMA supports this im- nally I want to say one thing about oversight with inadequate Federal portant patient protection because it puts what my bill does not do. Recently I standards to protect consumers and to the full power of the free market to work to had a large employer from the upper prevent health plan fraud and abuse,’’ protect consumers. Midwest come into my office and say unquote. We applaud your inclusion of a comprehen- Mr. Speaker, on behalf of patients sive disclosure provision that allows con- we have businesses in every State. If sumers to make educated decisions as they your bill passes, then we would not be like Jimmy Adams who lost his hands comparison shop for health care coverage. able to design a uniform medical bene- and feet because an HMO would not let The AMA also notes with great appreciation fits package for all of our companies’ his parents take him to the nearest the many improvements that the draft bill employees. emergency room, I am going to con- makes over last year’s Patient Protection I was flabbergasted, Mr. Speaker. tinue to fight efforts to derail managed Act. That is not what my bill does. ERISA care reform by adding those sorts of The draft bill expands consumer protec- will continue. I only change ERISA in untested and potentially harmful pro- tions with a perfected ‘‘emergency services’’ provision. By eliminating the cost differen- terms of when a health plan makes a visions to a clean managed care reform tial between network and out-of-network medical decision, in terms of their li- bill. I pledge to do whatever it takes to emergency rooms, the draft bill offers ex- ability, but there is nothing in my bill ensure that opponents of reform are panded protection for patients who are at that would say a multistate business not allowed to mingle those issues. their most vulnerable moments.

VerDate jul 14 2003 14:24 Jan 13, 2005 Jkt 069102 PO 00000 Frm 00067 Fmt 0688 Sfmt 0634 E:\BR99\H18MY9.002 H18MY9 9982 CONGRESSIONAL RECORD—HOUSE May 18, 1999 We support the strides the draft bill takes eral retirees and some 4 million to 5 I just raise that tonight as a good ex- in protecting consumers with a comprehen- million additional dependents; about 9 ample of a bad proposal by the Presi- sive ban on gag practices. This is an impor- million people participating in the dent as far as his so-called, and it tant consumer protection that the AMA has Federal Employees Health Benefit Pro- sounds great, Patients’ Bill of Rights. been seeking for more than six years. We commend the improvements incor- gram. Part of my responsibilities of That did not even include, his provi- porated in the ‘‘appeals process’’ provisions chair of that subcommittee was to look sion by Executive Order did not include of the draft bill. The bill represents a major at that program, and I remember sev- the most oppressive part of his plan, step toward guaranteeing consumers the eral years ago when President Clinton which was allowing expansion of law- right to a truly independent, binding and fair proposed a Patients’ Bill of Rights to suits, an additional cost through litiga- review of health care decisions made by their the Congress to be passed to resolve, he tion and no medical benefits. So if we HMO. said, the issues and problems we have had adopted the whole plan, there is no The April 22nd draft copy of the bill makes a strong beginning for the Commerce Com- with HMOs, and it was going to be his telling how high the premiums would mittee and the 106th Congress on the issue of saving grace for these programs. have escalated and how many more in patient protection and reaffirms the leader- Well, we conducted a hearing, and I free competition would have been ship role that you have assumed in the proc- will never forget that hearing. We had forced out. ess. While you have raised some concerns the administration officials in, OPM Mr. GANSKE. Mr. Speaker, will the about the process, the AMA stands ready to officials in, and we asked about the gentleman yield? assist in completion of this legislative task. President’s proposed Patients’ Bill of Mr. MICA. I yield to the gentleman The AMA wishes to thank you for your ef- Rights. To a single individual who tes- from Iowa for just a moment, and I forts and work with you and the minority to thank the gentleman for yielding time pass a comprehensive, bipartisan patient tified, every single individual who tes- protection bill this year. We look forward to tified said that there was no medical to me. working with you toward this goal. benefit for the proposals under the Mr. GANSKE. Mr. Speaker, I would Respectfully, President’s Patients’ Bill of Rights, point out that premiums are increasing E. RATCLIFFE ANDERSON, JR., MD. but there was more reporting, more by HMOs this year. If my colleagues Mr. GANSKE. I sincerely hope, Mr. mandates, more requirements, and read the articles in the Wall Street Speaker, that the chairmen of these they possibly predicted more costs. Journal, it is not because Congress committees of jurisdiction will not That was several years ago when he passed HMO patient protection legisla- substantively change that draft and proposed that to our subcommittee, tion, because we did not. We did not that they will keep it clean. We need to the Subcommittee on Civil Service. pass it last year. move this issue in a reasonable time Now, he could not pass his so-called The reason why we have seen an in- frame. A strong patient protection bill Patients’ Bill of Rights, and it sounds crease in premiums is because the should be debated under a fair rule on great, through the Congress. So what HMOs have mismanaged their risks, the floor soon; not in the fall, but in he did, and a lot of people did not pay and their investors are now saying to the next few months. There are an attention to it but we did on the Civil them, you have to increase your pre- awful lot of people, our constituents Service Subcommittee, he submitted miums because we want profits from out there, who today are being harmed another one of his fiats. By Executive those HMOs. All of the medical and by managed care decisions. Order he imposed his Patients’ Bill of health experts that I know in this Mr. Speaker, we need to fix this now, Rights where he could, and that is on country attribute the increase in pre- and I look forward to working with all our Federal employees’ HMO plans. miums by HMOs this year to their own of my colleagues to see that real HMO Well, lo and behold, before I left that management failures, and do not at- reform is signed into law this Congress. chairmanship, I conducted another tribute this to patient protection legis- hearing just at the end of last fall, and f lation, which has yet to pass. one of the purposes of that hearing was Mr. MICA. Mr. Speaker, again, that HEALTH CARE REFORM AND NA- to see what had happened with the im- has failed to pass the Congress. I cite TIONAL DRUG CONTROL STRAT- position of the President’s Patients’ only, and I repeat for the gentleman, EGY AND POLICY Bill of Rights on the Federal employ- our experience with the Federal Em- The SPEAKER pro tempore (Mr. ees’ health care plan. Well, my good- ployees’ Health Benefit Program where SHIMKUS). Under the Speaker’s an- ness. We experienced over a 10 percent, the President imposed his own Pa- nounced policy of January 6, 1999, the on average, increase in premiums, not tients’ Bill of Rights by Executive gentleman from Florida (Mr. MICA) is entirely all due to the President’s Pa- Order and we did see substantial costs recognized for the remainder of the tients’ Bill of Rights; prescription directly related to the program. I point Majority Leader’s hour of approxi- drugs, I must say, were part of that, that out because we do not want to mately 23 minutes. but there were very substantial costs make the same mistakes he has made Mr. MICA. Mr. Speaker, I first want that were passed on, and they contrib- by fiat, by legislation. to comment and compliment my col- uted to almost a record increase in em- Of course, that is not the only prob- league, the gentleman from Florida ployee health costs. While the rest of lem that we have with HMOs and we do (Mr. GANSKE) on his Special Order and the industry was experiencing a 2.6 to 3 need to address some of the mis- on his proposal to deal with some of percent increase, our Federal employ- management, some of the lack of ac- the problems we have seen relating to ees, Members of Congress too, were get- cess, some of the other problems that HMOs and health care. I do want to ting a 10 percent-plus, on average, in- we have with it. Again, I cite it as an comment, before I get into my Special crease in their premiums. experience that we conducted hearings Order on the topic of illegal narcotics, One of the things that has made our on and have very definite facts relating about what the previous speaker has Federal Employees’ Health Benefits to in our Subcommittee on Civil Serv- been discussing, and he did bring up to- Program so good is we have had over ice. wards the end some of the proposals re- 350 different vendors providing a pack- Mr. Speaker, my other reason for lating to the Patients’ Bill of Rights. age. We sat and developed a package of coming forward tonight is again to I would like to pass on to the Speak- benefits, and then folks bid on it, dif- speak on the question of our national er and my colleagues this information: ferent companies, and they partici- drug control strategy and policy. To- In the previous Congress I had the op- pated and there was good competition. night, I am very concerned that in a portunity, actually for 4 years, to chair Lo and behold, at our hearing, again, pattern of repeated mistakes by this the House Subcommittee on Civil Serv- we got a surprise. Instead of 350 par- administration and failure to properly ice. In that capacity I oversaw the ticipating, competing plans, we had manage our international narcotics largest health care plan in the country, about 60-plus drop out. So we had in- control efforts, we face another dis- which is made up of almost 2 million creased premiums and we had lower aster. We have had a series of repeated Federal employees and 2.2 million Fed- competition. foreign policy disasters, and if I may

VerDate jul 14 2003 14:24 Jan 13, 2005 Jkt 069102 PO 00000 Frm 00068 Fmt 0688 Sfmt 0634 E:\BR99\H18MY9.002 H18MY9 May 18, 1999 CONGRESSIONAL RECORD—HOUSE 9983 just run through them, and again, I do we went in much too late. We kept what assets would go to Panamanians, not mean to do this in a partisan man- sides from properly defending them- for over 3 years. ner, but this is factual and we have had selves. We ended up with a series of When I took over the subcommittee a history of just disastrous foreign pol- graveyards across the Bosnia landscape responsibility in January, we started, icy decisions by this administration. I that should be a reminder to everyone of course, examining what would hap- will close tonight by citing the most of this administration’s failed policies. pen in Panama, because all of our recent. Not until after those graveyards were international South American, Central First, of course, when I came here, planted with the Bosnian souls in Cro- American, and Caribbean operations President Bush had instituted a policy atia and other areas there did we ever were housed and located and took off in Somalia of trying to provide human take any action. Now we see, even with from Howard Air Force Base. relief, humanitarian relief in that the forces that we have there, that the So we went down there the first cou- country that had civil conflict. It is situation relating to illegal narcotics ple of months and examined what was unfortunate that this administration trafficking is disastrous. going to happen. We were told by this from the very beginning turned that Rwanda is another example. Again I administration that they were negoti- humanitarian relief into a nation- took to the floor many times trying to ating other locations. They did not be- building effort which turned into a forget this administration off center. Al- lieve the negotiations were going to eign policy disaster with several dozen most 1 million human beings were succeed. We got advance warning of Americans slaughtered needlessly. And slaughtered in Rwanda. This adminis- that, and we tried to do everything we what is really sad, if we look at the sit- tration not only had a failed policy, could to encourage the administration, uation in Somalia just a few weeks they had a counterproductive policy, a DOD, Department of State, to move ago, we have had the same conflict and policy that actually, I think, brought forward or cut a deal. As it turned out, they failed in their civil war going on, over 50 killed, and a on one of the true genocides of our negotiations. They failed in developing skirmish just recently, and again dis- time where almost 1 million people a treaty. We were kicked out May 1. organization and civil war in that area. were slaughtered. We have known for some weeks now It may be a lesson we should learn This administration blocked in the that negotiations by this administra- about. They too had atrocities com- United Nations a panAfrican, all Afri- can force, when we knew there was tion did fail. mitted on both sides. We were told in hearings that we con- going to be trouble there. They actu- The next experience I had in this ducted, not only on our visit but on ally blocked this force from going in Congress was with Haiti, and Haiti cer- hearings we conducted, and we con- and stopping the slaughter in advance tainly has to be a glowing example of ducted a House subcommittee hearing of 1 million souls losing their lives bad foreign policy. Repeatedly I took on May 4, that things were in place and to the well of the floor and spoke most tragically. in order; that we would move at a cost Then, of course, we come to Kosovo, against the imposition of sanctions to the taxpayers of $73 million, plus an- the latest in a series of unbelievable against Haiti, which is the poorest other $45 million that was presented to missteps in foreign policy. This admin- country in the Western Hemisphere, the committee, to Aruba, Curacao, and and those sanctions in fact destroyed istration, this Congress, was advised to Ecuador. the few jobs, maybe 50,000, 60,000 jobs, that it was not the time. We were not These were the charts that were pre- many related to United States indus- prepared to go in. The worst time you sented. The coverage with potential try, that actually fed over a million go into the Balkan regions and into new forward operating locations, one in population. Kosovo would be when we did, when we Ecuador and the other in the Curacao have overcast February and March b 2215 area, this is what we were told would skies in that area, and it is clouded in. be the coverage. It would give us very We spent over $3 billion on that fi- When you are doing an air campaign, good coverage. This was May 4. When asco. We have traded one corrupt gov- and a surveillance campaign to make they came in, it was supposed to be in ernment for another. There is complete an air campaign successful, we could place. These were estimates we were disorganization in that country. What not have picked a worse time, taking given. is absolutely startling is that now that us 4 weeks to get helicopters there, hel- These charts are by our SOUTHCOM. country which we have done so much icopters still not secured, properly They told us that we would have, in the for is becoming one of the major Carib- trained. They knew we were short, and beginning of May 1999 estimate, a 50 bean routes for trafficking in illegal yet they went in; another disaster. percent coverage, and within our agen- narcotics. So a failed policy, an expen- Tonight, finally, one of the crowning cy augments, May 1, 1999, 70 percent sive lesson, and now just kicking dirt disasters of this administration, I re- coverage May 1. With Curacao, Ecua- in our face by being a partner in illegal ceived just a few hours ago a report dor, forward operating locations we narcotics trafficking. from my subcommittee staff. I now would go up to 80 percent. Then later Bosnia is another example. I served chair the Subcommittee on Criminal on we would go even better if they in this Congress over 3 years ago when Justice, Drug Policy, and Human Re- could get Costa Rica. our president said we would be there sources of the Committee on Govern- Unfortunately, the coverage I have for a matter of months and be out. We ment Reform. been told as of today is absolutely zero, are now into 3-plus years. This excur- I have been involved, since taking absolutely zip. Let me read this report sion and incursion has cost us dearly, that responsibility in January, in try- very briefly. Mr. Speaker, in closing, billions upon billions, probably $10 bil- ing to get our drug policy together. let me read what we have learned again lion plus. We still have over 6,000 More heroin and cocaine is coming this afternoon. troops there, 20,000 support troops. from South America than any other Representatives of SOUTHCOM, our What is absolutely astounding is that source in the world by far, just an in- southern command, conceded to me now Bosnia has turned into, probably credible amount. that our worst fears have been realized. after South America, the second larg- The place that we have had as far as After the United States closed down est conduit and transit source of illegal protection and surveillance of those ac- Howard Air Force Base on May 1, since narcotics coming up through Afghani- tivities has been Howard Air Force May 1 there have been zero, absolutely stan, some through Pakistan, through base in Panama. We have known since zero counterdrug flights out of any one Turkey, and then through the Balkans Jimmy Carter’s administration that of the other three forward operating lo- in a wide open fashion. this year we would be forced to give up cations that were proposed in which So here we have spent an incredible the canal. What we did not know is the United States was to have memo- amount of money going in, after a what assets we would lose in 1999. This randa of understanding. quarter of a million people were administration has been negotiating Despite both State Department and slaughtered in a civil war, and actually the change in United States assets, DOD indicating in our May 4 hearing

VerDate jul 14 2003 14:24 Jan 13, 2005 Jkt 069102 PO 00000 Frm 00069 Fmt 0688 Sfmt 0634 E:\BR99\H18MY9.002 H18MY9 9984 CONGRESSIONAL RECORD—HOUSE May 18, 1999 that the transition in counterdrug within the last few hours, that our that establish demonstration projects overflights would be smooth and flights Southern Command could make no pre- for both traditional Medicare and would just be modestly scaled back, diction about when these assets will Medicare plus choice; that is, those the specific forward operating location come on line with counterdrug flights plans that have managed care in them facts are these: In Ecuador there have in the future. that would inject some competition been, again, zero since May 1; since we We have to remember that last year into the Medicare bidding process. got kicked out of Panama, zero over 15,000 flights took off from Pan- The Health Care Financing Adminis- counterdrug flights for the entire ama and conducted all of this counter- tration, we call it HCFA around here, month of May, including the day of our narcotics activity. There is nothing the agency that runs Medicare duti- hearing, May 4. We asked how many more cost-effective than stopping drugs fully, is attempting to implement took off that day. They could not an- at their source, eradicating them at these demonstration projects because swer. I could answer today because we their source, or stopping them and it will help Congress understand what have had our investigators check. interdicting them as they come from competition in Medicare really means. In Aruba, while we have two small the source. It is much more difficult So when it comes time to be serious custom Citation planes on the ground, when they get into our streets, into our about Medicare reform, we will know I am told this afternoon, as well as one communities, and into our schools. what works and what does not work. P–3 and one P–3 dome which arrived on So again, this unfortunately is a dis- Unfortunately, none of these dem- May 12, there have been zero astrous occurrence. I intend to hold the onstration projects have been fully im- counterdrug flights by any of these Department of State, the Department plemented due to both legal and polit- planes out of Aruba from May 12 of Defense to account. We will conduct ical challenges. What is appalling to through May 17. hearings and somehow we will restart me is that the same people who say In Curacao, while there is one F–17 this effort with the funds that we have they want to bring the magic word dedicated to counterdrug flights, there restored to put this program back to- ‘‘competition’’ to Medicare are the have been zero counterdrug flights out gether that have been appropriated. We same people who are desperately trying of this location. must have the cooperation of this ad- to kill any attempt to determine what In short, poor planning by the De- ministration in bringing back these Medicare competition really means. partment of State, Defense, and the in- flights and restoring a real war on Last Friday, Laurie McGinley of the ability to compensate for the loss of drugs. Wall Street Journal wrote an article, Howard Air Force Base, basically being f an excellent article, detailing how the kicked out of Panama, has already cost COMPETITION industry working with Federal law us dearly coverage, as follows. matters is seeking to prevent Medicare First, we have endangered the intel- The SPEAKER pro tempore (Mr. competition in Phoenix, Arizona. She ligence-gathering power of our South SHIMKUS). Under a previous order of the also notes that similar demonstration American allies in this war, and in par- House, the gentleman from Washington projects were stopped by the health ticular, we basically are closing down (Mr. MCDERMOTT) is recognized for 5 care industry in Denver and Baltimore, our Peru shootdown policy, because we minutes. most likely with help from Members in provide them with information that al- Mr. McDERMOTT. Mr. Speaker, Congress, before HCFA got close to get- lows them that strategy and that ac- today I want to talk about competi- ting started. tion. tion. In this Chamber the word ‘‘com- In addition to the attempts by the in- This administration will bear the petition’’ is often used in the context dustry to prevent Medicare competi- blame, since they have shown a 45 per- of the phrase ‘‘making government run tion reported by the Wall Street Jour- cent reduction in coca cultivation over more like a business.’’ Together these nal, just yesterday the Kansas City the past 2 years based on intelligence- two words are used repeatedly and Business Journal reported that indus- gathering. In other words, Peru is one loosely because they sound good. But try representatives in Kansas City also of our success stories. Through this in- the fact is that no one who uses these are seeking to derail Medicare com- formation that is shared, a shootdown phrases really ever knows what it actu- petition because they fear it will dis- policy and surveillance, they have ally means. eliminated 45 percent of the cocaine ‘‘Competition’’ and the term ‘‘mak- rupt the ability of Medicare bene- production. This program basically is ing government work more like a pri- ficiaries to receive care. So why is the health care industry out of order because of our inaction vate industry’’ is not only the mantra afraid of Medicare competition? The and maladministration. for some politicians, it also comes from answer: because it will cost them We have also eliminated intelligence the mouths of representatives of pri- money. For years now, HMOs in most monitoring and detection of drug traf- vate industry that usually want some- areas have been living off overpay- ficking flights out of South America thing. since May 1. This is an incredible scan- ments from the Federal Government. It dal. This is really one of the worst days b 2230 has been estimated by HCFA that they and one of the worst missteps of this For example, earlier this year, the overpay private health plans by 6 per- administration, and probably one of National Commission on the Future of cent a year, an overpayment of roughly the worst events to ever take place in Medicare, on which I sat, failed to rec- $2 billion to $3 billion in subsidies to our effort to put back together the war ommend a proposal to strengthen the the HMO industry. on drugs that we started in the eighties long-term solvency of the Medicare Earlier this year, in fact, the indus- that was dismantled in 1993 by this ad- program. try successfully lobbied the adminis- ministration, by the Democrat House, However, some members of the Com- tration to delay the implementation of Senate, and White House, which they mission advocated a radical proposal risk adjustment. Now, if an HMO takes did an incredible amount of damage called, quote, premium support, which a patient and they do not cost them from 1993 to 1995, which we have tried is really just a euphemism for a vouch- very much, they get a benefit because to restore in the last 2 years. er program; that is, its proponents say they got a lot of money, but they did All this action sends a go signal to it would bring competition to the not have to pay anything. If they get a drug traffickers. Every one of our for- Medicare program so that it could run sick patient, then they have to put out ward operating locations are down and like a business. Many observers from a lot of money or they just get a little out. This, again, I believe is an incred- the health care industry agree. They, bit and they spend a lot more. ible scandal. It is with great regret too, say they want to bring competi- So the industry said we want to have that I announce this to the House to- tion to Medicare so that it will run risk adjustment. If we take sick pa- night, and to the American people. more like a business. tients, we should get more money. If What makes this even worse is the The irony of all this, of course, is we take healthier patients, we should information I was provided with, again that Congress has already passed laws get less money. But when the Congress

VerDate jul 14 2003 14:24 Jan 13, 2005 Jkt 069102 PO 00000 Frm 00070 Fmt 0688 Sfmt 0634 E:\BR99\H18MY9.002 H18MY9 May 18, 1999 CONGRESSIONAL RECORD—HOUSE 9985 passed the law and said we want to do sas City this week to warn that the local reimbursements, but the cuts on the man- this and HCFA began to try and imple- Medicare HMO market—already weakened aged care side are considerably deeper, ment it, the industry successfully lobby federal budget cuts—could deteriorate Ignagni said. The resulting disparity between the bied the administration to delay the rapidly if the pilot project goes forward. Kansas City and Phoenix are test sites for amount paid for HMO service and the implementation of risk adjustment, an experimental process that will, for the amount paid for fee-for-service will widen to the variation of reimbursements to re- first time, use a competitive bidding mecha- $1,200 per person in Kansas City by 2004, ac- flect the amount of care given that was nism to set the HMO reimbursement rate. cording to statistics compiled by the Amer- mandated by the Congress in 1997. They HCFA, overseer of the Medicare program, ican Association of Health Plans. did not want the very thing they asked contends the approach will increase health ‘‘At that rate, it becomes extremely difficult to retain the best doctors, to retain for. care options for beneficiaries while reducing federal expenditures. the best hospitals and to remain competi- This delay will cost the taxpayers $5 tive,’’ Ignagni said. ‘‘And the beneficiaries billion over the next 5 years, and some But committee members apparently are increasingly skeptical that the former goal can will be the losers.’’ in Congress want to delay risk adjust- be achieved through the proposed benefits Nationwide, more than 100 managed care firms have downsized, adjusted or withdrawn ment altogether, a giveaway to the package developed for the demonstration their Medicare HMOs from the market in re- health care industry of over $11 billion. project within the constraints of HCFA’s sponse to the first wave of reimbursement So the moral of this story without morals is specifications. reductions triggered by the Balanced Budget ‘‘With the proposed benefit package, bene- that ‘‘competition,’’ unless it’s done in a way Act, Ignagni said. Approximately 450,000 ficiaries are going to see less benefits and the industry wants it to be done; where it pro- beneficiaries have been affected. tects their overpayments and protects their higher costs than virtually every plan in the ability to ‘‘cherry pick’’ healthy beneficiaries market right now,’’ said Kathleen Sebelius, [From the Wall Street Journal] Kansas Insurance Commissioner and member MEDICARE TESTS OF COMPETITIVE BIDDING and leave the sick to be treated by the gov- of the AAC. ‘‘That’s 100 percent negative dis- RILE HMOS FEARING A DROP IN PAYMENTS ernment, would mean plans get less, not ruption, and I’m not very comfortable with more, money. that. I think we’re making a step back, not (By Laurie McGinley) So, that is the irony. On the one hand, in- forward.’’ The health-care industry loves to say dustry and politicians say they want to bring Following a recommendation by com- Medicare should act more like a business. ‘‘competition’’ to Medicare so that it can ‘‘run mittee member Dick Brown, president and But now that the program is trying to adopt chief executive officer of Health Midwest, private-sector strategies, many in the indus- more like private industry.’’ try are squawking. On the other hand, the same industry and the AAC voted to recommend that HCFA suspend the implementation timetable until Consider Medicare’s efforts to try out al- those same politicians are fighting tooth and it can be determined at what level disrup- ternative payment schemes for health-main- nail to derail any attempt to ensure that plans tions caused by the project will become un- tenance organizations. Currently, HMOs are get paid for the care they actually provide. tenable for enrollees. paid according to a complicated formula set Either you want competition and you want That process will be undertaken by the by Congress. But the 1997 Balanced Budget Medicare to run more like a business or you AAC, HCFA and Competitive Pricing Com- Act directed Medicare to experiment with competitive bidding to see if it would be a mittee, the HCFA advisory body that devel- don’t. cheaper, more efficient way of reimbursing oped the Kansas City and Phoenix projects. But, what is simply dishonest, disingenuous, HMOs for caring for the elderly. an disconcerting, is the hypocrisy of the for- Separately, Karen Ignagni, president and As a first step, federal advisers to Medicare chief executive officer of the Washington- selected Phoenix and Kansas City as sites for profit HMO industry and their protectors in based American Association of Health Plans, Congress to continue to speak from both sides pilot projects for competitive bidding. Under said this week that the experiment likely the plan, Medicare HMOs must submit bids of their mouths. will exacerbate financial pressures many Let’s give HCFA a chance to do their job. indicating how much they would accept from area Medicare HMOs already face as the re- the government for each patient. Even Let’s see what Medicare ‘‘competition’’ really sult of payment cuts triggered by the Bal- though the effort has barely started, one re- means. Until then, I would caution members to anced Budget Act of 1997. sult is in: The HMOs are unhappy. think twice before they rant about bringing so- Ultimately, Ignagni said, this reimburse- In Phoenix, where 40% of seniors are en- called ‘‘competition’’ to Medicare. ment squeeze could lead to disruptions in re- rolled in HMOs, health plans and local offi- Mr. Speaker, I think everybody tiree benefit plans, higher costs and fewer cials have been demanding the project be de- benefits for enrollees, and a retreat from the layed at lest a year or killed outright. In ought to think about competition. Medicare marketplace by managed care Mr. Speaker, I include for the Kansas City, where HMOs have a smaller firms. Ignagni was in Kansas City as part of chunk of the seniors’ market, health plans RECORD the two articles which I rec- a multicity tour aimed at drawing attention have been unenthusiastic but less vocal. At a ommended my colleagues to read, as to the growing problems in the Medicare meeting in Detroit yesterday, federal advis- follows: HMO marketplace nationwide. ers to Medicare rejected the Phoenix re- [From the Kansas City Business Journal, ‘‘There is a fundamental design flaw in quests, but agreed to allow a delay of as long May 17, 1999] (the Kansas City demonstration project), and as three months, until next April, for imple- I think it ought to be fixed before we roll it BUSINESS GROUP SUSPENDS LOCAL MEDICARE menting the pilot projects in the two cities. out in any community,’’ Ignagni said. ‘‘Peo- COVERAGE PROJECT In opposing the projects, the Phoenix ple need to think very carefully about what health plans argue that the market already (By Bonar Menninger) the inadvertent consequences of this policy is highly competitive because senior citizens A local group charged with overseeing a will be.’’ have a number of HMOs to choose from, all controversial Medicare pilot program voted Ignagni said the demonstration projects in offering generous benefits. The competitive unanimously this week to seek an indefinite both Kansas City and Phoenix, along with bidding process. they claim, would drive suspension in the project’s timetable until the ratcheting-down of Medicare HMO reim- down their federal payments, forcing them safeguards are established to limit wide- bursement rates nationwide, inadvertently to charge seniors premiums or reduce bene- spread disruptions in Medicare HMO services will undermine the one portion of the Medi- fits. ‘‘We think our customers are being pe- for approximately 50,000 area residents. care program that has produced the greatest nalized and told, ‘We will use you as an ex- The vote represents a significant setback savings and benefit enhancements in recent periment in an effort to figure out how to for the Health Care Financing Administra- years. continue to cut Medicare,’ ’’ says Gay Ann tion, which is relying on the Area Advisory At the same time, she said, no significant Williams, executive director of the Arizona Committee for assistance in implementing efforts are being made to rein in the tradi- Association of Health Plans. the project, called the Competitive Pricing tional fee-for-service side of Medicare, which A similar flap involves medical equipment. Demonstration Project, by Jan. 1, 2000. accounts for approximately 87 percent of en- Currently, Medicare sets prices for a wide Although work on the project’s compo- rollees nationwide and the vast proportion of range of durable medical equipment, includ- nents will continue, it remains unclear Medicare’s $220 billion annual budget. ing wheelchairs and hospital beds. To sim- whether the fast-track deadline will be met. ‘‘We don’t mind competition, but we want plify the byzantine system and save money, Wednesday’s vote was prompted by mounting a level playing field,’’ Ignagni said. ‘‘If you the program launched a competitive-bidding concerns among committee members about want cost reductions and you want to test demonstration project in Polk County, Fla. the program’s potential impact on bene- competitive bidding, then fee-for-service Supplies are to be selected on price and qual- ficiaries. should be part of it.’’ ity. On a separate front, the head of the Amer- The Balanced Budget Act does mandate But the Florida Association of Medical ican Association of Health Plans was in Kan- some reductions in Medicare fee-for-service Equipment Services, an Orlando group that

VerDate jul 14 2003 14:24 Jan 13, 2005 Jkt 069102 PO 00000 Frm 00071 Fmt 0688 Sfmt 0634 E:\BR99\H18MY9.002 H18MY9 9986 CONGRESSIONAL RECORD—HOUSE May 18, 1999 represents equipment suppliers, says the bid- creased competition among health plans. members of their high school commu- ding process inevitably will reduce prices Given the debate over Medicare, ‘‘this is the nity, although we understand that they and hurt small suppliers. The group sued to kind of demonstration that is directly rel- were in a group that may have been a block the effort but was recently rebuffed by evant and should be conducted to give Con- little out of the ordinary, maybe a a federal judge. gress information about what way the pro- The Health Care Financing Administra- gram should go,’’ says Robert Berenson, a group in order to belong, but still we tion, which runs Medicare, has long been top HCFA official. understand as well they were good stu- urged by the health-care establishment, as In 1996 and 1997, the HCFA was forced to dents. well as Congress and health analysts, to be- abandon HMO bidding projects in Baltimore Yet, now we have 15 young people come a savvier buyer. But the industry oppo- and Denver because of industry opposition. dead, some 40 that were injured, a val- sition to competitive bidding shows how Here’s how competitive bidding would ued and beloved teacher that was so ad- hard it is to make fundamental changes in work: No matter what they bid, all HMOs mired lost his live, and the question is the federal health program for 39 million el- would be permitted to take part in Medicare, as they generally are now. The government why. derly and disabled. The Medicare system is I believe that there can be no more due to run out of money by 2015, and both would then calculate a median of all the sub- Congress and the Clinton administration are mitted bids and pay every HMO that important agenda than moving forward weighing alternatives to overhaul the pro- amount. The health plans are worried that on some of the legislative initiatives gram. such a system would further reduce their re- that have already been promoted. So I The bottom line, says Ira Loss, senior vice imbursements, forcing them to either charge am supporting the proposed initiative president at Washington Analysis, an equi- a premium or reduce benefits, making them by the President who has adopted ties-research firm, is that Medicare pro- less competitive. HCFA officials say that much of the legislative initiatives of viders are ‘‘interested in the free market benefits won’t decline but acknowledge some the gentlewoman from New York (Mrs. only if it means the government is getting patients may have to pay premiums for serv- MCCARTHY) as it relates to what I away from bothering them. But when it ices they now get for free. would like to call this evening gun comes to the government actually forcing f them to compete for business, they are un- safety, the common sense approach to happy about it.’’ SCHOOL VIOLENCE AND GUN answering the concerns of our children. HMO officials vehemently dispute that. CONTROL Why are they the concerns of our Karen Ignagni, president of the American The SPEAKER pro tempore. Under children? Because I have heard them Association of Health Plans, which rep- the Speaker’s announced policy of Jan- say it. Just last Friday in my district, resents HMOs, says the government’s bidding uary 6, 1999, the gentlewoman from I had a forum on the issue of school vi- procedure is flawed—‘‘a jury-rigged proposal olence, ‘‘how do we help our children.’’ masquerading as free-market competition.’’ New York (Mrs. MCCARTHY) is recog- She says the bidding process isn’t fair, be- nized for 60 minutes as the designee of I was joined by Secretary of Education cause it doesn’t include Medicare’s tradi- the minority leader. Richard Riley. tional fee-for-service program, so the HMOs Mrs. McCARTHY of New York. Mr. We participated at Scarborough High would bear the brunt of any payment reduc- Speaker, I yield to the gentlewoman School with an auditorium full of tions. from Texas (Ms. JACKSON-LEE). young people. I tell my colleagues they No matter what the fate of the pilot Ms. JACKSON-LEE of Texas. Mr. asked us pointed questions: Why can projects, HMO officials are determined to Speaker, I thank the gentlewoman we not be safe? Why can we not have prevent competitive bidding from being used from New York for her leadership, and gun safety? Why do young people talk on a national scale. The industry says any about each other? Why is there not reduction in payments to health plans will I am particularly delighted to join her roil the HMO market, which already is grap- this evening for a brief comment on a someone in our schools, although we pling with reductions in federal reimburse- topic that we all have been confronting have good relationships with our teach- ments. Some believe the competitive bidding and as well to acknowledge the desire ers, why do guidance counselors have could cause more HMOs to drop out of Medi- to continue to work with her and the overloaded dockets and desks with care. Instead, HMOs want Medicare to stop women of this Congress along with our issues dealing with paperwork and ca- spending more on patients in the traditional colleagues on something that has real- reer counseling and we do not have fee-for-service program than on those in ly touched the hearts and minds of people in place that can deal with our HMOs. Such a move, though, would force psychological and sociological needs? people in the traditional program to pay most Americans. We say and we call it more for their care, Medicare officials say. Littleton. Littleton, Colorado. Why can we not have more peer-to-peer The contretemps is occurring even as there We first offer again, as we have done counseling and mentoring? is widespread agreement that Medicare’s re- over the past couple of weeks, our They ask these hard questions, and I imbursement system is cumbersome. Some deepest sympathy to that community. believe we have to give them solutions. government studies, moreover, have sug- We are so appreciative of their resolve Why are there so many guns, 260 mil- gested Medicare has overpaid HMOs and and their commitment to healing that lion guns here in America, more than medical-equipment suppliers. ‘‘Who benefits community. But as well, we realize the number of citizens here? Why are from competitive bidding?’’ asks Robert that, as Members of the United States individual between 18 and 21 still able Reischauer, a senior fellow with the Brook- ings Institution and a member of the advi- Congress, as the highest legislative to purchase handguns? Why can we not sory board on competitive bidding. ‘‘The tax- body of this Nation, we also know that in a package promote gun safety by payer. But the taxpayer doesn’t always have they are asking us for answers and so- passing the legislation that includes a voice in this.’’ lutions. safety locks, that includes background In Phoenix where 158,000 senior citizens are So I join this evening to particularly checks, instant checks at gun shows, enrolled in HMOs, the health plans have en- support legislation dealing with gun that takes the, if you will, loophole out listed an array of allies, including the Cham- safety. The gentlewoman from New of the numbers of assault weapons we ber of Commerce, doctors and beneficiaries. York (Mrs. MCCARTHY) has been very still have because foreign manufactur- They all believe the current system works fine: HMOs offer generous benefit packages much a viable part of, over the years ers are able to present them? that include prescription-drug coverage—and that she has been in Congress, and she All of this I think can be answered if no supplemental premium. likes to say she has been here only a we would join together, as the women In a recent letter to HCFA Administrator short while, focusing on the need for of this House have demanded, and ask Nancy-Ann DeParle, the entire Arizona con- gun safety. that we pass gun safety legislation be- gressional delegation warned that competi- So many of us have a role in this fore Father’s Day. We asked the ques- tive bidding ‘‘would only disrupt a market in arena. I have taken the position that tion prior to Mother’s Day. We pleaded which competition is already vigorous, costs this is not a time to point fingers in on behalf of the mothers of the de- are low and participation is high.’’ The law- opposite directions. Whose fault is it ceased children, the mothers whose makers have signaled they may block the project by legislation. that two young men whose homes we children died in Littleton, the mothers Such resistance irks those who believe believe were steady, who attended whose children have died in Pennsyl- Medicare badly needs to experiment with church, some were Members of the Boy vania, in Arkansas, in Mississippi and new cost-containment tools, including in- Scouts, we understand were known places where we cannot call because of

VerDate jul 14 2003 14:24 Jan 13, 2005 Jkt 069102 PO 00000 Frm 00072 Fmt 0688 Sfmt 0634 E:\BR99\H18MY9.002 H18MY9 May 18, 1999 CONGRESSIONAL RECORD—HOUSE 9987 gun violence, the numbers of inner city Mr. Speaker, I thank Congresswoman our nation. I enthusiastically look forward to children who have died because of gun MCCARTHY for arranging this forum on the working with my friends to ensure a better to- violence, the number of rural children special order on school violence. I am hon- morrow not only for the well being of our youth who have died, suburban children. We ored to be joined here today by other Mem- but also for the wellbeing of our nation. Again know this is not a pointed issue toward bers of Congress who show a sincere concern thank you for this opportunity to address this one community. and effort in eradicating school violence by ad- issue. Let me simply close by saying this, dressing the mental well being of our youth. With that, I thank the gentlewoman and I promised the gentlewoman that I I have been a strong advocate of mroe from New York (Mrs. MCCARTHY) very will look forward to joining her in mental health services for children. Although, much, and I look forward to working weeks to come with other Members of as a country, we often focus on children who with her on this crisis that we have in the Women’s Caucus or Members of are at risk for trouble or those children who America. this body who are women who would are already troubled, all children need access Mrs. MCCARTHY of New York. Mr. like to join us as they were planning to to mental health services. It is estimated that Speaker, I stand here tonight to talk do this evening, to talk about solu- two-thirds of all young people are not getting about the violence in our schools. As tions, and then again let me qualify the mental health treatment they need. the gentlewoman from Texas had that, as we are talking, demand action. In light of the recent events in Colorado and pointed out, everyone is trying to put Because I think all of us who are other violent school attacks from the past 18 the blame on everybody else. I think mothers, who are parents, who are just months, our children need us to pay close at- there is enough blame to go around for plain Americans have said to ourselves tention to the early signs of mental disorders. everyone. But let us stop blaming and let us not one more morning rise up We also need to provide services that screen let us start looking for solutions. with the news of some tragic cir- and treat mental disorders in our childrenb Over the last year and a half, we have cumstance. We cannot answer the ques- efore it is too late. had three committee hearings and we tion, what have we done? I have made Schools should be safe and secure places have had two special hearings, and we that commitment to myself on trying for all students, teachers and staff members. started to look into the violence from to design solutions. All children should be able to go to and from our schools but also the violence in I hope as we move toward the White school without fearing for their safety . some of our young people. There were a House conference on mental health, I According to news reports, these young lot of different factors: Mental health will be able to present to this body and suspects from Colorado were outcasts in the is something that we should be looking to that summit a comprehensive omni- school community. During the shooting, the bus bill on mental health services for into, especially with our schools; our suspects reportedly said that they were ‘‘out children, the Give a Child a Chance family issues that should be at home. for revenge’’ for having been made fun of last Mental Health Prevention Act of 1999, We should be looking into those issues. year. This is truly a cry for help that was not which will speak to the issue of pro- But in each and every shooting, 13 heard in time. viding resources in our schools, of young people that die every single day, When children’s mental health needs are training mental health professionals in is one common factor; that is, the easy not met, young people often get caught in the our schools that can detect early warn- access to guns. That is something that child protection or juvenile justice system. Al- ing signs, that will provide incentives we can do. We can deal with all the for school districts who are aware of most 60 percent of teenagers in juvenile de- other issues. the fact that children from K to 12 need tention have behavioral, mental or emotional Today we held a hearing in the Com- good mental health services, socio- disorders. mittee on Education and the Work- logical and psychological services, as There are 13.7 million or 20 percent of force. Several students had been vic- well that we could have caught and America’s children with diagnosable mental or tims of school violence in Littleton, helped a child like Eric Harris, even emotional disorder. These disorders range West Paducah, Springfield, Oregon though he looked like the picture of from attention deficit disorder and depression showed great courage in coming to health early on; and that we could have to bipolar disorder and schizophrenia. Congress to talk about their experi- not only helped Eric but that we could We all are aware of the great devastation ences through the shootings in their have helped his family, that we could that the lack of mental health services ahs on schools. embrace a holistic approach to deal our young people. We must provide services The one thing I heard from all of with the family concerns, why there that address diagnosable emotional or behav- them was the pain, the pain that they was such a destructive sense on the ioral health disorders. are still suffering. That is a pain that part of this young man and the young An adolescence is a confusing time for I understand very deeply. many young people, the adults that are a part man who was with him. b 2245 I hope that we will again answer of their lives—parents, teachers, counselors, these questions, not with the finger coaches and others need to be keenly aware And I told one of the young men, pointing, but with working together. of changes in behavior or attitude that may in- even after the first anniversary, the That means the entertainment indus- dicate the possibility of poor mental health. pain does not get any easier. My family try. They know what they are doing We all need to pay close attention for any goes through the pain, and it will be 6 wrong. Are they showing relationships warning signs of trouble. years this December. But that is why I between families that are not humor- These warning signs include isolation, de- came to Congress. I came to Congress ous, joking, butthead commentary on pression, alienation and hostility. Recognizing to try to reduce gun violence in this how our family relationships are, or these signs is the first step to ensure that trou- country. I came to Congress so that are we really seriously trying to bring bled youngsters get the attention they need hopefully other families would not family relationships together? early to address their mental health needs behave to go through what my family So to the gentlewoman from New fore it is too late. went through, and certainly the other York, it is certainly my honor and Gun control is another measure we should members who I consider family now pleasure to say to her that I hope that explore to increase the safety of our children from the Long Island Railroad shoot- we will be doing this again. But as we in schools. An average of 13 children die ing. do it, let me qualify that in the re- every day from funfire in this country, and chil- People keep saying we cannot do marks that I have heard her often say, dren are at a much greater risk of being the something about this. I do not believe we join together on this. victims of a violent crime. This is Littleton, Col- that. I believe we can do something. Mine was looking in the mirror and orado every day! This does not include close And I know I am hearing all the time saying I do not want so see this image calls where guns were found inback-packs that this is a slippery slope where I am one more time in the mirror without and in lunch bags. just trying to take away guns. I have being able to say we have some solu- We must pull together to protect the mental never said that. I do not care if some- tions and one saying, when are we well being of our children so that they might one owns a gun. But if they own a gun, going to fix this? We need to fix it now. live a healthy and productive life as citizens of I do believe they have a responsibility

VerDate jul 14 2003 14:24 Jan 13, 2005 Jkt 069102 PO 00000 Frm 00073 Fmt 0688 Sfmt 0634 E:\BR99\H18MY9.002 H18MY9 9988 CONGRESSIONAL RECORD—HOUSE May 18, 1999 for that particular product, and I feel not like child safety locks, but they bit harder because I want my son to very deeply about that. can save lives. There is responsibility feel safe, but I want my grandson to I have talked to many gun owners, on the adults that a gun does not get certainly live in a safe country. And I women gun owners, men gun owners, into someone’s hand. This is a respon- know that if we work together, we can and they are saying they realize that it sibility. We should be working to- do it. is their product and they should take gether. The movie industry, we should I know a lot of people are very more responsibility for it. So I think if be working together. Videos, we should shocked sometimes on the statistics, we take that premise and start to work be working together to come up with and I do not particularly care to read on it, there are common sense solu- solutions. statistics because I think it dries over. tions and I think it is something that But I think there is one thing that But I do not think people realize, as I we can work towards here. we have to point out. Our young people said earlier, 13 children die at the hand What scares me the most about being in this country are good kids. I have of a gun; 28 children die and teenagers here in Congress is sometimes they will the pleasure of being with them a lot, are murdered; 1,309 children in teenage do so many delaying techniques and, working on community projects in my suicides; 468 children in their teens ac- hopefully, it will go away. The sad district, and I see this going around in cidentally die from shootings. That is truth is this is not going to go away. the country: Our young people caring, every single year, every single year. Here we are 5 weeks from the shooting going into nursing homes. Our young One of our recent congressional testi- in Colorado, and people are still talk- people caring, raising money for dif- monies demonstrates the need for Fed- ing about it. And I think this hit home ferent organizations, whether it is eral legislation on kids and guns. An the hardest because we have had so breast cancer or Alzheimer’s. They do angry child who has access to a gun many school shootings and now par- not like this idea that we are blaming will use it because it is there and it is ents are scared. Students are scared. them and that they have no morals. in that child’s hands. ‘‘I realize that And when we ask our students what I happen to think that this country gun control is a complex issue in our can we do, they come up with some has a lot of morals. And I meet those country, but I also know that guns rep- really good solutions. One thing they people on a daily basis. Do we have resent the single greatest threat to do not want, they do not want their problems with some? It is a very small educators and to schoolchildren.’’ That schools filled with metal detectors. Our percentage. Do they sometimes make was by Scott Polland, National Asso- schools are not meant to be prisons. It our lives miserable? Yes, they do. But ciation of School Psychologists. is not meant for our teachers to be that does not mean we should do a This is a testimony before the Sub- under the atmosphere of possibly a blanket cover and say the whole coun- committee on Early Childhood, Youth young person having a gun. We know try is like that. and Families, United States House of where those guns come from. A major- I think if anyone ever looks around Representatives, on my Committee on ity of them are legal. They come from and sees how we responded to the peo- Education and the Workforce on March home. It is up to the parents, the ple of Oklahoma when they had the 11, 1999: adults, to take responsibility that tornadoes, this is a caring country. We ‘‘An international comparison of 26 their child does not get a gun. are there for each other. And that is industrial countries found that the Our young people that are having how we can solve the problems of the firearm death rate for U.S. children mental health problems and have a bad gun violence in this country, by all of younger than 15 years old was nearly 12 day, as a lot of teenagers do, commit us coming together and coming up with times higher than any of the children too many suicides every single day. common sense solutions. It is some- in any of the other 25 countries com- That is unacceptable. We can save thing I believe in. I certainly talk to bined.’’ That came from the Centers for those kids. The accidental deaths, we enough people about it. Disease Control. can save those kids. The homicides, we What scares me again, though, is the ‘‘We need better information on how can save a lot of those kids. silence that we might hear in this Con- our children get guns. That is why the I know that we cannot save every gress. We cannot have silence any Children’s Gun Violence Prevention child. I wish we could. But that does longer. We have to do something. The Act expands our Federal program for not mean that we should not go for- American people are demanding that tracing guns used in juvenile crime. ward to try and save as many young we do something. But, unfortunately, Research should be expanded on gun people as we can. We are the adults. We unless the American people send their markets to educate the flow of fire- have the responsibility to make a dif- message, their voices here to Congress, arms from the legitimate sector to the ference in our children’s lives, and to that is the only way we are going to hands of minors and criminals and how the point to where again this year I am get something done. this flow might effectively be re- praying that the schools close without I have asked the Speaker of the duced.’’ another incident. We did that a year House to meet with me, I have not A few years ago up in Boston in what ago. And we have done nothing. Are we heard from him, to talk about my pro- they called the ‘‘Boston Project,’’ they going to let this summer go by? posals on how to reduce gun violence in started tracing guns that were used in Schools open again in September, and this country. But I am very encour- juvenile homicides and juvenile crimes. are we going to pray that another aged. This evening he did a press con- Once they started tracing these guns to shooting does not start? ference and started to talk about the illegal gun dealers, they were able But, again, this is about the children maybe we should find common sense to have for 40 months, 40 months, not every single day. That is where we can- ground to stop the gun violence in this one child died because we got rid of the not get lost on it. Thirteen children a country. That to me is encouraging. illegal guns and we educated our day. That is a Littleton every single That means a door is open. That means adults. day. But it is a young child here and we can try and work together. Now, if we can do that in Boston, there and everywhere, and it does not As long as I am here in Congress, I why can we not do that across this make the papers. Or we have become so will work as hard as I can to reduce country? Where I come from in New insensitized to the violence around us. gun violence in this country, my goal York, it is very hard to get a gun le- We should never do that. We should see going back 5 years ago, when I prom- gally. They have to go through a back- each other as the good human beings as ised my son that I would try to make ground check, but eventually they will we are in this country, and we should sure that no family would go through get it. The problem with New York is try to all work together. what we went through. And my son has all the guns that come into our State I wish the NRA would work with me. gotten married now and his life is are illegal guns, they are guns that we I wish the NRA would come and say, going on, and he just had a son in No- have no control over. What are we sup- okay, we have a problem. Let us try to vember. That means I am a new grand- posed to do? Put up a barbed wire fence come up with solutions. I know they do mother. So I have got to work a little around New York because we decide

VerDate jul 14 2003 14:24 Jan 13, 2005 Jkt 069102 PO 00000 Frm 00074 Fmt 0688 Sfmt 0634 E:\BR99\H18MY9.002 H18MY9 May 18, 1999 CONGRESSIONAL RECORD—HOUSE 9989 that we are going to try to make it letin board. His name is Flat Stanley. er it is through letters that we receive, safer? And it has made a difference and He wanted to go on a trip, so his family and I have a few tonight, or through it has made a big difference, but there folded him up and mailed him to Cali- town hall meetings or just in our ev- is more that we can do. fornia. I am mailing Flat Stanley to eryday lives when we return home to As a nurse, we hear that homicide you. Please take him somewhere and our district, I think we are all im- rates are down, and thank God they write me back telling me where he pressed and reimpressed with the fact are. What no one is talking about is went. If you have pictures or postcards, that the people whom we serve in our what it is costing our health care sys- please send them too. I will take Flat respective districts have a lot of good tem for those that are surviving. I Stanley back to school and share his ideas, and so it is the intent of our citi- know the medical care that my son re- adventure with my class. Thank you zens committee on juvenile violence to ceived and still continues to receive for helping me with this project. I wish take a look at the vexing problems and will have to receive for the rest of I could fold myself up and visit you. that have plagued us and the recent his life is costing this government a lot Love, Jessika.’’ And Jessika spells her tragedies at hand. of money. name with a ‘‘K.’’ I might also point out that I con- We have four young people in Little- So there is Flat Stanley for Jessika. tinue to receive e-mail, phone calls, ton, Colorado, still in the hospital with He is on the floor of the United States faxes and letters concerning the ex- spinal cord injuries because of the House of Representatives tonight, and traordinary and disturbing transfer of shootings. The health care that they we are proud to have him join us. technology and nuclear espionage car- are going to need. The estimates of b 2300 ried on by the Red Chinese in this health care due to gun violence in this I am also pleased to be joined by my country. Indeed, there are those in my country is almost up to $20 billion a good friend and colleague from the district who have said that it is as if year. $20 billion a year. Could we not great State of Arizona who is here to we are living in a real-life Allen Drury take that money and put it back into speak with us tonight. Many of our novel, that there are those in this city our health care system? Could we not constituents write to us, not just and on the editorial boards or in the put that towards our educational sys- Jessika but several others. We are here assignment editor chairs of various tel- tem? It would help so many of us. on the floor this evening to refer to evision networks who steadfastly We have an obligation here in Con- some of the comments that have been refuse to take a look at the serious gress. It should not be a battle between raised by many of our constituents. We problems we have. Yet through inves- Republicans and Democrats. It should have received so many phone calls and tigative reports, such as those by Bill be something that we should be work- letters in the last few days on the mat- Gertz of the Washington Times and the ing out together and to do the right ters of taxes, on Kosovo, on environ- new book that has been produced, the thing as far as our children and the mental-related topics. I am just curi- partial title being ‘‘Betrayal’’ which safety of our children. This is not a ous what kind of things the gentleman details what sadly has transpired and, slippery road. This is not somewhere from Arizona is hearing about over the according to the author, how some in we are trying to take away the right of weekend and today from his constitu- the current administration have under- someone to own a gun, but we are ask- ents. mined our national security, that con- ing for responsibility. Mr. HAYWORTH. Mr. Speaker, I tinues to be a main concern. And, of Mr. Speaker, I plan on being here as thank my colleague from Colorado for course, again the topic to which we al- much as I can to talk about this sub- yielding. I am pleased that Flat Stan- ways return is the notion of this gov- ject. There is one more thing that I ley joins us on the floor tonight. Usu- ernment serving the people rather than will ask. The American people have to ally people leave out the ‘‘L’’ when the people serving the government. We get involved in this debate and they they describe me, although I am work- have seen a disturbing reversal, if you have to, if they want to change, their ing on the diet. will, in this century in terms of the voices have to be heard here, and our In all sincerity and seriousness, echo- fact that this government, it would Congressmen and certainly our Sen- ing the comments, though not in com- seem, both in attitude and in the ac- ators need to hear from all Americans. plete agreement with my friend from tion of reaching into the pockets of f New York who spoke on the floor here hardworking Americans seems to ask earlier, even tonight as we speak, Mr. CONSTITUENT CONCERNS for more and more and ask working Speaker, a group of concerned citizens Americans to get by with less and less. The SPEAKER pro tempore (Mr. making up a citizens committee on ju- I received a letter from my friend SIMPSON). Under the Speaker’s an- venile violence meets in the Sixth Con- Ryan in Apache Junction, Arizona, just nounced policy of January 6, 1999, the gressional District of Arizona. The on the border of Maricopa and Pinal gentleman from Colorado (Mr. SCHAF- committee includes clergymen, school Counties there at the foot of the beau- FER) is recognized for half of the re- administrators and former school ad- tiful Superstition Mountains. maining time until midnight tonight, ministrators, current educators, teach- Ryan writes, movingly and with con- approximately 32 minutes. ers in the classroom, students in the viction: Mr. SCHAFFER. Mr. Speaker, I want classroom and parents together as they Every corner an American turns today has to let the Chamber know and all of my take a look at the Sixth District of Ar- a tax waiting for him or her. It’s ridiculous colleagues that this special order is one izona. and it’s time that it was stopped. I’m tired of that I secure every week on behalf of If there is one difference that typifies paying income tax, property tax, license the majority, and so I would invite the two schools of thought here in the plate taxes, sales tax, inheritance tax, Social other Members who would like to run House of Representatives, it is that our Security tax and capital gains tax. I find all down to the floor here for the last 32 friends on the left tend to look to of these taxes unfair, oppressive and un- minutes to come join us on the floor. Washington for solutions and put a American. Does anyone remember why we But I want to also mention and refer left our oppressors in England? Because of trust in the Washington bureaucracy. I high taxes and religious constraints. Where to a constituent of mine. Her name is believe if given a choice between Wash- do we go now? When is enough enough? Jessika, Jessika Fretwell. She intro- ington bureaucrats and the people at Forty percent of one’s wages taken out in duced me to Flat Stanley. I got a pic- home, I would choose the people at taxes? Fifty percent of someone’s check ture of Flat Stanley here. She faxed home. It is in that spirit that our taken out in taxes? Make me proud and the photo, a drawing of Flat Stanley. friends meet, not as Republicans or allow my family and I to live a better life There is a letter that comes with it, Democrats but as Americans concerned through tax relief. and I would like to read that briefly. looking for practical solutions to the Mr. SCHAFFER. Your constituent She wrote to me. problems they face. has a good friend in one of mine from She said, ‘‘In school we read a book I think we would all concur that one Fort COLLINS, Colorado, Robert Sey- about a boy who got mashed by a bul- thing we learn in our time here, wheth- mour, who wrote to me just last week:

VerDate jul 14 2003 14:24 Jan 13, 2005 Jkt 069102 PO 00000 Frm 00075 Fmt 0688 Sfmt 0634 E:\BR99\H18MY9.002 H18MY9 9990 CONGRESSIONAL RECORD—HOUSE May 18, 1999 The administration’s budget plan for next more honored citizens, senior citizens, lin, because when Ben Franklin and year was presented to Congress on February if you will, were there and they were Thomas Jefferson were working to- 1. It imposes new taxes that will make it talking about the egregious nature of gether over the drafting of the Declara- harder for millions of American families to the death tax, how it affected their tion of Independence, there is a story save for their own retirement needs and will seriously jeopardize the financial protection small businesses, how it affected their that I have heard from a number of his- of families and businesses. Providing for re- family farms and ranches, how it was torians about how the two of them dis- tirement and securing your family’s finan- driving families out of business. One of agreed on one key point, a key phrase, cial security should not be a taxing experi- the young men heard us talking about and that was the word ‘‘unalienable,’’ ence. Americans are taking more responsi- this and then, with almost a military whether to use ‘‘unalienable,’’ which bility for their own financial futures and bearing, I mean the very flower of was Franklin’s preference, or ‘‘inalien- they have made it clear that they oppose American youth, he stood there, ‘‘Con- able’’ which was Jefferson’s preference. both direct and indirect tax bites that jeop- gressman, sir, do you mean to tell me And it is a key distinction. ardize their retirement security and their the Federal Government taxes you ability to protect their families. Congress on Ultimately Franklin won the debate, a bipartisan basis soundly rejected a similar when you die?’’ And the assembled citi- and the difference between approach last year and I strongly urge you to zenry there started to chuckle, know- ‘‘unalienable’’ and ‘‘inalienable’’ is a do the same this time around. Please oppose ingly, almost like our good friend Art matter of taxation in many ways. His- any new direct or indirect taxes like those Linkletter and now Bill Cosby with the torians suggest that they pronounce commonly referred to as DAC, COLI and television segment ‘‘Kids Say the ‘‘unalienable’’ the following way: un-a- PSAs, the typical alphabet soup of Wash- Darnedest Things,’’ but, Mr. Speaker, lien-able which means that one cannot ington, DC, all of these new taxes on annu- that laughter soon faded, because there place a lien, they cannot place some ities and life insurance products. was nothing funny about the question. kind of claim from the government on This is an individual who obviously is The sad fact about the death tax is any of the rights to life, liberty or the saving for his future and his retirement this. For all the rigmarole, for all the pursuit of happiness. and is getting fed up, as many con- hunting down and contacting heirs and But we see this Federal Government stituents are around the country, with business partners, the Federal Govern- and the people here in Washington, the new proposals that we are seeing ment procures roughly 1 percent of its D.C. have found a way to abridge the coming out of the White House this revenue from the death tax. Yet almost desires of Dr. Franklin, to make it so very day, to increase the level of tax- three-quarters of that 1 percent goes to that life, liberty and the pursuit of ation on the American people. tracking down the people who appar- happiness are no longer un-a-lien-able. My letters are similar to yours. We ently owe the taxes through the con- There are, in fact, liens placed against receive thousands of them on a week- voluted structure that we have here. life, liberty and the pursuit of happi- by-week basis. I am glad to be a part of I have remarked in the past, Mr. ness, and I will bring up another exam- a Republican majority that is here to Speaker, and I think it bears repeating, ple written by a constituent of mine, put the voice of the people ahead of the this country has been blessed with an this time in Ft. Morgan, Colorado. voice of the special interests that exist outstanding group of individuals at its Kathleen Tarver wrote, and she is very right outside these halls in Wash- birth, Catherine Drinker Bowen made frustrated. You can just hear the frus- ington, DC and in Congress. mention in her great work in 1966, tration in the tone of this letter. It Mr. HAYWORTH. I thank my col- ‘‘The Miracle at Philadelphia,’’ the as- says: league from Colorado, Mr. Speaker. As semblage of so many great thinkers ‘‘This January I resigned my job and I hear him speak, I think about an- and true patriots. One of those patri- retired early at the age of 50 to cut our other tax that I continue to hear ots, Dr. Benjamin Franklin, incredibly taxes,’’ she says. ‘‘We are penalized for about, the death tax, what has been well-versed in a variety of different being married, and we have no children called by the Washington bureaucracy, subjects, a man of letters, a printer, a so you guys really sock it to us. Higher the estate tax. That really seems to diplomat, a scientist. fees on everything we buy or use are Yet even Dr. Franklin, with all his suggest something rather placid and higher taxes.’’ pastoral when, in fact, it is the death prescience, I believe would be shocked Says: ‘‘We have been putting almost to realize today that the republic tax where this government taxes you the maximum allowed into our 401(k) which he helped to found would lit- literally upon your death. My good to help cut our taxes. But I may not erally tax people upon their death, friend from Colorado summed it up live long enough to spend the money even with his saying in Poor Richard’s very succinctly with echoes of history, because you look at my retirement dol- Almanac, ‘‘There are only two cer- not unlike when Ryan pointed out the lars as your money,’’ she is speaking tainties in life, death and taxes.’’ genesis of our Nation in opposition to about Washington in general, ‘‘deter- our English cousins imposing taxation, b 2310 mining for me how I can spend it.’’ She my friend from Colorado, and I will Understand that Dr. Franklin did not says that the era of big government quote him again because many an audi- say there was a certainty that one seems to be back. Here at the end she ence enjoys this statement, I am would be taxed on their death, and this says: pleased to offer him the proper and full is one of the absurdities we see in our ‘‘I don’t want to hear you guys in credit, unlike some others in American tax structure that my friend Ryan Washington say one more time, ‘We politics who take lines from time to points out, that others point out, have to save Social Security.’ Do it time, Mr. Speaker, but according to my whether it is the death tax, or the mar- now, and do it right. We have saved So- good friend from Colorado, ‘‘There riage penalty, or other tax policies cial Security five times now because should be no taxation without respira- that seem to do their best to disrupt you continue to steal from it. Give us tion.’’ I think that is especially appro- the family unit and continue to ask our money. Stop stealing it.’’ Cut our priate. Americans to sacrifice more and more taxes. I think I have related the story in so Washington can allegedly do more. Very frustrated constituent, and I times past, recently in Winslow, Ari- Those of us in the new majority and can tell my colleague I am on zona, we were not standing on the cor- people in the Sixth District of Arizona, Kathleen’s side, and I know the gen- ner but we were on the corner where Mr. Speaker, say the opposite should tleman from Arizona is as well. We re- the police station and the city hall is be true. Washington bureaucrats ceive letters like that routinely, but it located and we were having a town hall should sacrifice so that individuals and really speaks to the 223 year origins of meeting. It was in the middle of the families can do more with their hard- our great country, when these very day and a couple of young men from earned money in terms of saving, in- noble gentlemen were meeting in the high school who aspired to attend vesting and building for the future. Philadelphia at this miraculous time one of our Nation’s military academies Mr. SCHAFFER. It is interesting that you described and trying to chart came to that town hall meeting. A few that my colleague mentions Dr. Frank- a new course for our country, one that

VerDate jul 14 2003 14:24 Jan 13, 2005 Jkt 069102 PO 00000 Frm 00076 Fmt 0688 Sfmt 0634 E:\BR99\H18MY9.002 H18MY9 May 18, 1999 CONGRESSIONAL RECORD—HOUSE 9991 is based on the realization that our tion is over 10 years time to return al- there may be many within the sound of rights come from God. They do not most $800 billion to the American peo- my voice or within this television sig- come from the crown, they do not come ple because it is their money to begin nal who ask the question, but wait a from the king, they do not come from with. It does not belong to the bureau- minute; do not your friends on the left some document, they do not come from crats here in Washington. always offer the rejoinder, tax cuts for people in the capital city. Mr. SCHAFFER. It absolutely is. It the wealthy? These rights come to us from God is dollars that the American people I would say to them, yes, Mr. Speak- himself, and they are un-a-lien-able work hard for, and in order to maintain er, that is the tired rejoinder we hear. rights. They should be treated that a truly free and liberated Republic we I suppose, Mr. Speaker, it is all in how way. Life, liberty and the pursuit of have to do everything we can here in one defines who is wealthy, because the happiness should come as real liberties, Washington to insist that those dollars rhetoric has become so incendiary and as real rights. There should be no tax are left in the pockets and in the hands so predictable that if there is a tax cut upon them. There should be no burden of those people who work hard to earn at all it must go to the wealthy. that one is saddled with if they want to them in the first place. I would invite my colleagues, Mr. enjoy living in complete freedom and Let me just reemphasize the point Speaker, to take a look at an estimate liberty as America proposes to make again with another letter from our con- that was prepared for all of us by the possible for all Americans. stituent who lives in Loveland, Colo- Joint Committee on Taxation. The Here is one more letter, another one rado, Toni Colson. chairman of the Committee on Ways from Ft. Collins. Russell Beers wrote ‘‘Dear Representative SCHAFFER, I and Means asked for this and, Mr. to me. Says Republicans have a major- am your constituent from Loveland. As Speaker, this is not something that ity. Pass a tax proposal, and put it on a business owner and grandparent, I’m deals with the trillions of dollars, as Clinton’s desk, and let him veto it. He very concerned about the serious eco- my colleague, the gentleman from Col- says he would prefer a flat tax, but he nomic problems facing our country. I orado, pointed out earlier. This is underlines: Just do it. It has cost him feel our current income tax structure something that deals with the very $700 just to have someone figure his is having a very negative impact by human equation of average families in taxes for him this year. taxing production, savings and invest- America. We should also point out that this Mr. HAYWORTH. I thank my col- ment, the very things which can make process does not occur in a vacuum. In- league, and I can certainly sympathize our economy strong.’’ deed, I was glad my good friend, the with his constituent. And I receive Well, Ms. Colson has hit the nail gentleman from Colorado, joined me in many letters, and they are not con- right on the head. If you look at our his first term here in the 105th Con- fined to April 15, by the way, because tax policy, the graduated income tax gress, my second term but the first some folks get their extension to try structure that we have today, the hard- term on the Committee on Ways and and work out their taxes on through er you work and the more productive October 15, and it has become a par- Means, as we actually offered tax relief you are, the higher the percentage of to families with first a $400 per child ticularly vexing problem for a lot of taxation on your income. We actually Americans. tax credit that increases to $500 and in- punish hard work with the current Tax deed we have found that a family of But let us address my colleague’s Code. As it stands today, we punish constituents’ concern because, Mr. four earning $30,000 a year, in essence, those who put money aside and try to pays really no income tax if they take Speaker, the American people deserve save it, we punish people who make the to know that these comments are not advantage of the different deductions right kinds of investment decisions and tax credits available to them, an falling on deaf ears. Indeed, as the first that are not only in their own personal Arizonan in history honored to serve average family of four. best interests as families, but provide Yet, Mr. Speaker, just raise that in- on the House Committee on Ways and the capital and the availability of cap- come by $10,000 again a family trying Means, the committee with primary ju- ital on the market to create more jobs, to succeed, trying to get ahead, in rais- risdiction over the Tax Code and ulti- to create more businesses and to ex- ing that income to $40,000 for a family mately over tax relief, I am pleased to pand the economy. of four the tax bill is in excess of $2,000 point out that it is our intention in As my colleagues know, I think often for that family. July to sit down and write a massive about the trillions of dollars in private So, again, Mr. Speaker, it is curious bill of tax cuts, because again we be- capital that is locked up today. Alan to hear the tired rhetoric of tax breaks lieve this is very true, as the preceding Greenspan, the chairman of the Fed- for the wealthy because the sad fact is, letter my friend read from Colorado. eral Reserve Board, estimates that apparently our friends on the left de- We understand that in most American there is $11 trillion in private capital fine wealthy as a middle income earner families both parents work not out of that is locked up somewhere in Amer- and a middle income taxpayer earning choice, but out of necessity, one parent ica today because the owners of that $40,000 a year. working essentially to pay the incred- cash are afraid to take it out and use it So that is one of the ironies and that ible tax obligations that befall many productively, and why? Because the is real life, the very human equation, families. Essentially for one salary in Federal Government punishes those not lost with mind-boggling figures of essence to be almost free and clear, the who act responsibly and help to move billions and trillions but just the sim- other spouse, the other parent, must toward promoting a more vibrant and ple challenge of an annual income for a work quite simply to pay the taxes. stronger economy. middle income family. That is what we My colleague’s constituent pointed Mr. HAYWORTH. Mr. Speaker, my reiterate here, that this money belongs that out in her letter. The subsequent friend from Colorado is right. I would to the people, not to the Washington letter that he read from the gentleman just amend this. bureaucrats. is a call to action, and it is our intent We are looking, and I think we The first three words of our Constitu- to move forward with a tax bill that is should reemphasize this, not at billions tion are very instructive and they are expansive because we believe over 10 but trillions of dollars, and it is amaz- as instructive as they are poetic. We, years time we need to reaffirm the fact ing to see what is locked up because of the people; not, they, the government, that this money does not belong to the the disincentive to inject those funds but we the people; all of us, Mr. Speak- Federal Government, that the tax bur- into the economy, the disincentive to er. den and bite should not be so excessive invest in businesses because of the ex- It is that responsibility which we as to force parents out of the home and cessive taxation. find uppermost in our minds. into the workplace not because of ca- Mr. SCHAFFER. Listening to the reer aspirations, but because of the ne- b 2320 people is something that we are cer- cessity of paying the tax bill and deal- In fairness, Mr. Speaker, we should tainly all about and want to do as ing with the tax burden. And our no- be prepared and indeed, Mr. Speaker, often as we can.

VerDate jul 14 2003 14:24 Jan 13, 2005 Jkt 069102 PO 00000 Frm 00077 Fmt 0688 Sfmt 0634 E:\BR99\H18MY9.002 H18MY9 9992 CONGRESSIONAL RECORD—HOUSE May 18, 1999 Here is a personal letter from Wes- funds, which is one of the incredible been frittered away. Indeed, we have ton, Colorado, from someone who wrote ironies, something we have tried to read in the press that the technology on this very point, and again he is very change but the institutional inertia transfers and the espionage carried out critical of government and the Federal here, it is an uphill battle dealing with by the communist Chinese rivals that system. This is a paragraph I am read- that. It is one of the curiosities. of the Rosenbergs in the 1950s. ing from the middle of the letter from The gentleman mentioned the voice While we see the drips and drabs and Dr. Owens, and he says, as you can tell, of the people and in addition to letters, the old spin game going on at the other I favor smaller government and less in- and I brought a couple down tonight, end of Pennsylvania Avenue, we must terference with State and local govern- but I just think about a variety of move as a House, if there is reticence ments who are in a better position to radio townhall meetings we have held in the executive branch, to release this make decisions on most issues. You lately and the subject that comes up report. people in Washington have very dis- time and again, Mr. Speaker, is our na- I would point out for the record, Mr. torted concepts of what really goes on tional security; for even as our Found- Speaker, that President Clinton, fol- out in the real world. Do not believe all ers in that wonderfully practical and lowing receipt of the report from the you read in the polls. I have taught re- poetic preamble to our Constitution de- gentleman from California (Mr. COX) search and statistics and we have a lineated that one of our constitutional and the gentleman from Washington saying in research: Statistics do not lie responsibilities was to provide for the (Mr. DICKS), in a bipartisan fashion, but liars often use statistics, he says. common defense. could have released the report imme- He is absolutely right. He says polls Again, we have serious problems diately. While there are legitimate na- can show almost anything pollsters here. Almost everyone I speak with tional security concerns in terms of want them to, just as anyone can find during these radio townhalls in a dis- not exposing our sources and means of a passage in the Bible to support al- trict in square mileage almost the size procuring our own information through most any belief. These are both pos- of the Commonwealth of Pennsylvania, counterintelligence, there are still se- sible if one takes things out of context say the gentleman from California (Mr. rious concerns that the American peo- and ignores parts that do not suit COX) has been working to prepare a bi- ple need to know about. them. partisan report. It was prepared in Jan- Again Mr. Speaker, I would renew He talks about the occupant of the uary or February. When will the House the call that this House, if the reti- building at the other end of Pennsyl- move to release that because the White cence, if the stonewalling, if the dribs vania Avenue as proof of the above and House is reticent? and drabs and endless spin continue he says the people we know do not be- We must move quickly to release from the administration, that this lieve the approval ratings that we see that report. House should take every action nec- with the things going on, again down Mr. SCHAFFER. Before the gen- essary, including meeting in a closed at the other end of Pennsylvania Ave- tleman goes on to the point about the session, if that is necessary, to vote nue. comment, let me just ask about these out this report so the American people I have to amend the gentleman’s let- town meetings. I hold a town meeting can understand the extent of the prob- ter a little bit to fit within the House in my district every week and hold sev- lem we confront. rules about referring to the individual eral others on top of that when we are 2330 at the other end of Pennsylvania Ave- not in Washington, and it is a great op- b nue directly, but again this is an indi- portunity to listen to thousands of con- Because whether we worry about se- vidual from Weston, Colorado, who un- stituents who show up and voice these curity in the home, security in the derstands full well that it is the voice same kind of concerns that I have read school, Social Security for our seniors of the people that needs to be heard from some of the letters. in generations yet to come, under- over and above those of special inter- I am curious about what the gen- girding all of that is our very existence ests. tleman called a radio townhall meet- as a constitutional republic and our na- Unfortunately, these average, reg- ing. Tell me how that works. tional security. This House took steps ular, ordinary, every day citizens, they Mr. HAYWORTH. The challenge in tonight to bolster our national secu- are counting on their Members of Con- representing a district, really in square rity, not bullet-for-bullet or bomb-for- gress to voice their opinions, to voice mileage almost the size of the Com- bomb in the Balkan theater, but to try their concerns and be the ones who are monwealth of Pennsylvania, is trying and avert the danger of returning to the guardians of the public trust and a to get everywhere all the time. the days of the hollow force, and it is legitimate public trust. Mr. SCHAFFER. The gentleman’s in that spirit we continue to work in What they are up against, though, district is that size? this House. and the gentleman knows this as well Mr. HAYWORTH. The district is that f as I do, is when we walk right outside size. Although a rancher in Show Low the House chamber in these lobbies said, here is a perfect slogan, a big man LEAVE OF ABSENCE right outside the Capitol, there are le- for a big district, I do not exactly By unanimous consent, leave of ab- gions of lobbyists who are paid by var- think that is the case. Even I cannot sence was granted to: ious special interests to come here and get all the way around all the time. Mr. SERRANO (at the request of Mr. give us another viewpoint on what So several broadcasters in the area GEPHARDT) for Tuesday, May 17, and America looks like from the perspec- are willing to set up programs and today, on account of a death in the tive of the banks of the Potomac. For- quite often on a Monday or Tuesday family. tunately we have the loud voices of will set them up where constituents The following Members (at the re- people like Dr. Owens in Weston, Colo- from the comfort of their home or at quest of Mr. PALLONE) to revise and ex- rado, who take the time to write us let- work or via mobile phone, if they are tend their remarks and include extra- ters and help us keep the Congress on out on the streets and byways, can call neous material: an even center. in and we can discuss issues and it ac- Mr. LIPINSKI, for 5 minutes, today. I know the gentleman hears from tually invites everyone into the town- Mr. FILNER, for 5 minutes, today. many constituents who help the gen- hall. Mr. MCDERMOTT, for 5 minutes, tleman in that regard. The past several townhalls I have today. Mr. HAYWORTH. I do, indeed. I had, Mr. Speaker, again and again and Ms. CARSON, for 5 minutes, today. would also make the point that one of again and again, the question of na- Ms. DELAURO, for 5 minutes, today. the ironies of serving here in Wash- tional security comes up. It evokes evi- Mr. CUMMINGS, for 5 minutes, today. ington is that especially sadly on the dence that we have heard from Dr. Mr. HILL of Indiana, for 5 minutes, left, a number of the special interest Owens that people are concerned. They today. lobbyists are subsidized with taxpayer believe that our national security has Mr. PALLONE, for 5 minutes, today.

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Ms. JACKSON-LEE of Texas, for 5 min- tive Services, Department of Education, the Northeastern United States; Scup Fish- utes, today. transmitting Final Funding Priorities for ery; Commercial Quota Harvested for Winter Disability and Rehabilitation Research I Period [Docket No. 981014259–8312–02; I.D. f Projects and Rehabilitation Research and 032699B] received April 26, 1999, pursuant to 5 SPECIAL ORDERS GRANTED Training Centers, pursuant to 20 U.S.C. U.S.C. 801(a)(1)(A); to the Committee on Re- 1232(f); to the Committee on Education and sources. By unanimous consent, permission to the Workforce. 2185. A letter from the Acting Director, Of- address the House, following the legis- 2175. A letter from the Assistant General fice of Sustainable Fisheries, National Ma- lative program and any special orders Counsel for Regulations, Special Education rine Fisheries Service, National Oceanic and heretofore entered, was granted to: and Rehabilitative Services, Department of Atmospheric Administration, transmitting (The following Members (at the re- Education, transmitting National Institute the Administration’s final rule—Fisheries of on Disability and Rehabilitation Research, the Economic Exclusive Zone Off Alaska; quest of Mr. WHITFIELD) to revise and pursuant to 20 U.S.C. 1232(f); to the Com- Shallow-water Species Fisheries by Vessels extend their remarks and include ex- mittee on Education and the Workforce. Using Trawl Gear in the Gulf of Alaska traneous material:) 2176. A letter from the Director, Office of [Docket No. 990304062–9062–01; I.D. 033199F] Mr. EHRLICH, for 5 minutes, today. Regulatory Management and Information, received April 26, 1999, pursuant to 5 U.S.C. Mr. SOUDER, for 5 minutes each day, Environmental Protection Agency, transmit- 801(a)(1)(A); to the Committee on Resources. today and on May 19. ting the Agency’s final rule—Approval and 2186. A letter from the Director, Policy Di- Mr. BURTON of Indiana, for 5 minutes, Promulgation of Implementation Plans; rectives and Instructions Branch, Immigra- on May 25. California State Implementation Plan Revi- tion and Naturalization Service, transmit- sion, South Coast Air Quality Management ting the Service’s final rule—Additional Au- Mr. KASICH, for 5 minutes, today. District [CA 038–100a; FRL–6333–4] received thorization to Issue Certificates for Foreign Mr. WHITFIELD, for 5 minutes, today. April 29, 1999, pursuant to 5 U.S.C. Health Care Workers [INS 1979–99] (RIN: Mr. NETHERCUTT, for 5 minutes, on 801(a)(1)(A); to the Committee on Commerce. 1115–AF43) received May 3, 1999, pursuant to May 19. 2177. A letter from the Director, Office of 5 U.S.C. 801(a)(1)(A); to the Committee on the Mr. HILL of Montana, for 5 minutes, Regulatory Management and Information, Judiciary. on May 19. Environmental Protection Agency, transmit- 2187. A letter from the Chairman, United Mr. PORTMAN, for 5 minutes, today. ting the Agency’s final rule—Missouri: Final States Sentencing Commission, transmitting (The following Member (at his own Authorization of State Hazardous Waste the 1997 annual report of the activities of the Management Program Revision for Correc- Commission, pursuant to 28 U.S.C. 997; to the request) to revise and extend his re- tive Action [FRL–6333–2] received April 29, Committee on the Judiciary. marks and include extraneous mate- 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the 2188. A letter from the Program Analyst, rial:) Committee on Commerce. Office of the Chief Counsel, Department of Mr. CARDIN, for 5 minutes, today. 2178. A letter from the Director, Office of Transportation, transmitting the Depart- (The following Member (at his own Congressional Affairs, Nuclear Regulatory ment’s final rule—Standard Instrument Ap- request) to revise and extend his re- Commission, transmitting the Commission’s proach Procedures; Miscellaneous Amend- marks and include extraneous mate- final rule—Consolidated Guidance about Ma- ments [Docket No. 29544; Amdt. No. 1927] re- rial:) terials Licenses: Program-Specific Guidance ceived May 3, 1999, pursuant to 5 U.S.C. about Self-Shielded Irradiator Licenses, 801(a)(1)(A); to the Committee on Transpor- Mr. MCDERMOTT, for 5 minutes, dated October 1998—received March 16, 1999, tation and Infrastructure. today. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 2189. A letter from the Program Analyst, f mittee on Commerce. Office of the Chief Counsel, Department of 2179. A letter from the Secretary of Health Transportation, transmitting the Depart- ENROLLED BILL SIGNED and Human Services, transmitting the 1998 ment’s final rule—Airworthiness Directives; Mr. THOMAS, from the Committee Annual Report on the National Institutes of Alexander Schleicher Segelflugzeugbau Health AIDS Research Loan Repayment Pro- Model ASK 21 Gliders [Docket No. 91–CE–25– on House Administration, reported gram; to the Committee on Commerce. AD; Amendment 39–11149; AD 95–11–15 R1] that that committee had examined and 2180. A letter from the Deputy Secretary, (RIN: 2120–AA64) received May 3, 1999, pursu- found truly enrolled a bill of the House Division of Market Regulation, Securities ant to 5 U.S.C. 801(a)(1)(A); to the Committee of the following title, which was there- and Exchange Commission, transmitting the on Transportation and Infrastructure. upon signed by the Speaker. Commission’s final rule—Broker-Dealer Reg- 2190. A letter from the Program Support H.R. 669. An act to amend the Peace Corps istration and Reporting [Release No. 34– Specialist, Aircraft Certification Service, Act to authorize appropriations for fiscal 41356; File No. S7–17–96] (RIN: 3235–AG69) re- Department of Transportation, transmitting years 2000 through 2003 to carry out that Act, ceived May 3, 1999, pursuant to 5 U.S.C. the Department’s final rule—Airworthiness and for other purposes. 801(a)(1)(A); to the Committee on Commerce. Directives; S.N. CENTRAIR 101 Series Glid- 2181. A letter from the Executive Director, ers [Docket No. 98–CE–50–AD; Amendment f Committee For Purchase From People Who 39–11140; AD 99–09–07] (RIN: 2120–AA64) re- ADJOURNMENT Are Blind Or Severely Disabled, transmitting ceived May 3, 1999, pursuant to 5 U.S.C. the Committee’s final rule—Procurement 801(a)(1)(A); to the Committee on Transpor- Mr. HAYWORTH. Mr. Speaker, I List Additions and Deletions—received May tation and Infrastructure. move that the House do now adjourn. 3, 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to 2191. A letter from the Program Support The motion was agreed to; accord- the Committee on Government Reform. Specialist, Aircraft Certification Service, ingly (at 11 o’clock and 30 minutes 2182. A letter from the President, James Department of Transportation, transmitting p.m.), the House adjourned until to- Madison Memorial Fellowship Foundation, the Department’s final rule—Airworthiness transmitting the 1998 annual report of the Directives; Avions Pierre Robin Model R2160 morrow, May 19, 1999, at 10 a.m. Foundation, pursuant to Public Law 99–591, Airplanes [Docket No. 98–CE–80–AD; Amend- f section 814(b) (100 Stat. 3341–81); to the Com- ment 39–11141; AD 99–09–08] (RIN: 2120–AA64) mittee on Government Reform. received May 3, 1999, pursuant to 5 U.S.C. EXECUTIVE COMMUNICATIONS, 2183. A letter from the Acting Director, Of- 801(a)(1)(A); to the Committee on Transpor- ETC. fice of Sustainable Fisheries, National Ma- tation and Infrastructure. Under clause 8 of rule XII, executive rine Fisheries Service, National Oceanic and 2192. A letter from the Program Support Atmospheric Administration, transmitting Specialist, Aircraft Certification Service, communications were taken from the the Administration’s final rule—Fisheries of Department of Transportation, transmitting Speaker’s table and referred as follows: the Exclusive Economic Zone Off Alaska; the Department’s final rule—Airworthiness 2173. A letter from the Director, Defense Atka Mackerel in the Central Aleutian Dis- Directives; Raytheon Aircraft Company Procurement, Office of the Under Secretary trict of the Bering Sea and Aleutian Islands Models C90A, B200, B200C, B200T, B200CT, 300, of Defense, transmitting the Office’s final [Docket No. 990304063–9063–01; I.D. 040599A] B300, B300C, and A200CT Airplanes [Docket rule—Defense Federal Acquisition Regula- received April 26, 1999, pursuant to 5 U.S.C. No. 98–CE–104–AD; Amendment 39–11143; AD tion Supplement; Electronic Funds Transfer 801(a)(1)(A); to the Committee on Resources. 99–09–10] (RIN: 2120–AA64) received May 3, [DFARS Case 98–D012] received April 16, 1999, 2184. A letter from the Acting Director, Of- 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- fice of Sustainable Fisheries, National Ma- Committee on Transportation and Infra- mittee on Armed Services. rine Fisheries Service, National Oceanic and structure. 2174. A letter from the Assistant Secretary, Atmospheric Administration, transmitting 2193. A letter from the Program Support Office of Special Education and Rehabilita- the Administration’s final rule—Fisheries of Specialist, Aircraft Certification Service,

VerDate jul 14 2003 14:24 Jan 13, 2005 Jkt 069102 PO 00000 Frm 00079 Fmt 0688 Sfmt 0634 E:\BR99\H18MY9.002 H18MY9 9994 CONGRESSIONAL RECORD—HOUSE May 18, 1999 Department of Transportation, transmitting transmitting the Department’s final rule— Service, Atmospheric Research, and National the Department’s final rule—Airworthiness Airworthiness Directives; McDonnell Doug- Environmental Satellite, Data and Informa- Directives; British Aerospace (Jetstream) las Model MD–11 Series Airplanes [Docket tion Service activities of the National Oce- Model 4101 Airplanes [Docket No. 96–NM–214– No. 99–NM–44–AD; Amendment 39–11135; AD anic and Atmospheric Administration, and AD; Amendment 39–11145; AD 99–09–12] (RIN: 99–09–03] (RIN: 2120–AA64) received May 3, for other purposes; (Rept. 106–148). Referred 2120–AA64) received May 3, 1999, pursuant to 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the to the House Calendar. 5 U.S.C. 801(a)(1)(A); to the Committee on Committee on Transportation and Infra- Mr. BLILEY: Committee on Commerce. Transportation and Infrastructure. structure. H.R. 1400. A bill to amend the Securities Ex- 2194. A letter from the Program Support 2202. A letter from the Program Support change Act of 1934 to improve collection and Specialist, Aircraft Certification Service, Specialist, Department of Transportation, dissemination of information concerning Department of Transportation, transmitting transmitting the Department’s final rule— bond prices and to improve price competi- the Department’s final rule—Airworthiness Airworthiness Directives; McDonnell Doug- tion in bond markets, and for other purposes Directives; Boeing Model 757–200 Series Air- las Model MD–11 Series Airplanes [Docket (Rept. 106–149). Referred to the Committee of planes [Docket No. 98–NM–37–AD; Amend- No. 99–NM–43–AD; Amendment 39–11134; AD the Whole House on the State of the Union. 99–09–02] (RIN: 2120–AA64) received May 3, ment 39–11146; AD 99–09–13] (RIN: 2120–AA64) f received May 3, 1999, pursuant to 5 U.S.C. 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the 801(a)(1)(A); to the Committee on Transpor- Committee on Transportation and Infra- PUBLIC BILLS AND RESOLUTIONS tation and Infrastructure. structure. Under clause 2 of rule XII, public 2195. A letter from the Chief, Regs and 2203. A letter from the Program Support Admin Law, USCG, Department of Transpor- Specialist, Department of Transportation, bills and resolutions were introduced tation, transmitting the Department’s final transmitting the Department’s final rule— and severally referred, as follows: rule—Management Information System Airworthiness Directives; McDonnell Doug- By Mr. CRANE: (MIS) Requirements [USCG–1998–4469] (RIN: las Model MD–11 Series Airplanes [Docket H.R. 1833. A bill to authorize appropria- 2115–AF67) received May 3, 1999, pursuant to No. 99–NM–42–AD; Amendment 39–11133; AD tions for fiscal years 2000 and 2001 for the 5 U.S.C. 801(a)(1)(A); to the Committee on 99–09–01] (RIN: 2120–AA64) received May 3, United States Customs Service for drug Transportation and Infrastructure. 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the interdiction and other operations, for the Of- 2196. A letter from the Program Support Committee on Transportation and Infra- fice of the United States Trade Representa- Specialist, Aircraft Certification Service, structure. tive, for the United States International Department of Transportation, transmitting 2204. A letter from the Acting Associate Trade Commission, and for other purposes; the Department’s final rule—Airworthiness Administrator for Procurement, National to the Committee on Ways and Means. Directives; Lockheed Model L–1011–385 Series Aeronautics and Space Administration, By Mr. LEWIS of Georgia: Airplanes [Docket No. 98–NM–199–AD; transmitting the Administration’s final H.R. 1834. A bill to promote the growth of Amendment 39–11147; AD 99–09–14] (RIN: 2120– rule—Contracting Officer’s Technical Rep- free enterprise and economic opportunity in AA64) received May 3, 1999, pursuant to 5 resentative (COTR) Training—received April the Caribbean Basin region, to increase trade U.S.C. 801(a)(1)(A); to the Committee on 26, 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to between the region and the United States, Transportation and Infrastructure. the Committee on Science. and to encourage the adoption by Caribbean 2197. A letter from the Program Support 2205. A letter from the Chief, Regulations Basin countries of trade and investment poli- Specialist, Aircraft Certification Service, Branch, Customs Service, transmitting the cies necessary for participation in the Free Department of Transportation, transmitting Service’s final rule—Technical Corrections Trade Area of the Americas; to the Com- the Department’s final rule—Airworthiness Regarding Customs Organization (T.D. 99–27) mittee on Ways and Means. Directives; Eurocopter France Model AS– (RIN: 1515–AB84) received March 16, 1999, pur- By Mr. GILMAN (for himself, Mr. 350B, B1, B2, B3, BA, and D Helicopters, and suant to 5 U.S.C. 801(a)(1)(A); to the Com- BROWN of Ohio, Mr. COX, Mr. KASICH, Model AS 355E, F, F1, F2 and N Helicopters mittee on Ways and Means. Mr. KNOLLENBERG, Mr. SANFORD, and [Docket No. 98–SW–44–AD; Amendment 39– f Mr. MCINTOSH): 11139; AD 99–09–06] (RIN: 2120–AA64) received H.R. 1835. A bill to impose conditions on May 3, 1999, pursuant to 5 U.S.C. 801(a)(1)(A); REPORTS OF COMMITTEES ON assistance authorized for North Korea, to to the Committee on Transportation and In- PUBLIC BILLS AND RESOLUTIONS impose restrictions on nuclear cooperation frastructure. Under clause 2 of rule XIII, reports of and other transactions with North Korea, 2198. A letter from the Program Support committees were delivered to the Clerk and for other purposes; to the Committee on Specialist, Aircraft Certification Service, International Relations. Department of Transportation, transmitting for printing and reference to the proper By Mr. BEREUTER: the Department’s final rule—Airworthiness calendar, as follows: H.R. 1836. A bill to properly balance the Directives; Boeing Model 747 Series Air- Mr. SENSENBRENNER: Committee on wind and water erosion criteria and the wild- planes Equipped With General Electric Science. H.R. 1654. A bill to authorize appro- life suitability criteria to be used in the 18th Model CF6–45 or –50 Series Engines; or Pratt priations for the National Aeronautics and signup of land in the conservation reserve & Whitney Model JT9D–3, –7, or –70 Series Space Administration for fiscal years 2000, program; to the Committee on Agriculture. Engines; and 747–E4B (Military) Airplanes 2001, and 2002, and for other purposes; with By Mr. BURR of North Carolina (for [Docket No. 99–NM–49–AD; Amendment 39– an amendment (Rept. 106–145). Referred to himself, Mr. CARDIN, Mr. MCCRERY, 11144; AD 99–09–11] (RIN: 2120–AA64) received the Committee of the Whole House on the and Mr. PALLONE): May 3, 1999, pursuant to 5 U.S.C. 801(a)(1)(A); State of the Union. H.R. 1837. A bill to amend title XVIII of the to the Committee on Transportation and In- Mr. SENSENBRENNER: Committee on Social Security Act to provide certain Medi- frastructure. Science. H.R. 1553. A bill to authorize appro- care beneficiaries with an exemption to the 2199. A letter from the Program Support priations for fiscal year 2000 and fiscal year financial limitations imposed on physical, Specialist, Department of Transportation, 2001 for the National Weather Service, At- speech-language pathology, and occupational transmitting the Department’s final rule— mospheric Research, and National Environ- therapy services under part B of the Medi- Airworthiness Directives; Boeing Model 737– mental Satellite, Data and Information care Program, and for other purposes; to the 100, –200, –200C, –300, –400, and –500 Series Air- Service activities of the National Oceanic Committee on Commerce, and in addition to planes [Docket No. 98–NM–337–AD; Amend- and Atmospheric Administration, and for the Committee on Ways and Means, for a pe- ment 39–11132; AD 99–08–23] (RIN: 2120–AA64) other purposes; with an amendment (Rept. riod to be subsequently determined by the received May 3, 1999, pursuant to 5 U.S.C. 106–146). Referred to the Committee of the Speaker, in each case for consideration of 801(a)(1)(A); to the Committee on Transpor- Whole House on the State of the Union. such provisions as fall within the jurisdic- tation and Infrastructure. Mr. REYNOLDS: Committee on Rules. tion of the committee concerned. 2200. A letter from the Program Support House Resolution 174. Resolution providing By Mr. DELAY (for himself, Mr. AN- Specialist, Aircraft Certification Service, for consideration of the bill (H.R. 1654) to au- DREWS, Mr. GILMAN, Mr. DEUTSCH, Department of Transportation, transmitting thorize appropriations for the National Aero- Mr. ROHRABACHER, Mr. WU, Mr. COX, the Department’s final rule—Airworthiness nautics and Space Administration for fiscal Mr. JEFFERSON, Mr. DIAZ-BALART, Directives; McDonnell Douglas Model MD–11 years 2000, 2001, and 2002, and for other pur- Mrs. LOWEY, Mr. SMITH of New Jer- Series Airplanes [Docket No. 99–NM–59–AD; poses (Rept. 106–147). Referred to the House sey, Mr. HUNTER, Mr. BURTON of Indi- Amendment 39–11136; AD 99–09–04] (RIN: 2120– Calendar. ana, Mr. COOK, and Mr. WELDON of AA64) received May 3, 1999, pursuant to 5 Mr. REYNOLDS: Committee on Rules. Florida): U.S.C. 801(a)(1)(A); to the Committee on House Resolution 175. Resolution providing H.R. 1838. A bill to assist in the enhance- Transportation and Infrastructure. for consideration of the bill (H.R. 1553) to au- ment of the security of Taiwan, and for other 2201. A letter from the Program Support thorize appropriations for fiscal year 2000 purposes; to the Committee on International Specialist, Department of Transportation, and fiscal year 2001 for the National Weather Relations, and in addition to the Committee

VerDate jul 14 2003 14:24 Jan 13, 2005 Jkt 069102 PO 00000 Frm 00080 Fmt 0688 Sfmt 0634 E:\BR99\H18MY9.002 H18MY9 May 18, 1999 CONGRESSIONAL RECORD—HOUSE 9995 on Armed Services, for a period to be subse- By Mrs. MALONEY of New York (for H.R. 1852. A bill to amend title 28, United quently determined by the Speaker, in each herself, Mr. MALONEY of Connecticut, States Code, to allow a judge to whom a case case for consideration of such provisions as Mrs. KELLY, and Ms. NORTON): is transferred to retain jurisdiction over cer- fall within the jurisdiction of the committee H.R. 1847. A bill to amend title 10, United tain multidistrict litigation cases for trial; concerned. States Code, to require the Secretary of De- to the Committee on the Judiciary. By Mr. FRANKS of New Jersey: fense to prescribe regulations to protect the By Mr. SESSIONS: H.R. 1839. A bill to authorize the Director confidentiality of communications between H.R. 1853. A bill to provide for each Amer- of the Federal Emergency Management dependents of members of the Armed Forces ican the opportunity to provide for his or her Agency to make grants to fire departments and professionals providing therapeutic or retirement through a S.A.F.E. account, and for the acquisition of thermal imaging cam- related services regarding sexual or domestic for other purposes; to the Committee on eras; to the Committee on Transportation abuse; to the Committee on Armed Services. Ways and Means, and in addition to the Com- and Infrastructure. By Mrs. MALONEY of New York (for mittee on Government Reform, for a period By Mr. GRAHAM (for himself, Mr. JEF- herself, Mr. SHAYS, Ms. ROYBAL-AL- to be subsequently determined by the Speak- FERSON, and Mr. WEXLER): LARD, Mrs. MORELLA, Ms. NORTON, er, in each case for consideration of such pro- H.R. 1840. A bill to amend the Internal Rev- and Mr. DOOLEY of California): visions as fall within the jurisdiction of the enue Code of 1986 to increase the maximum H.R. 1848. A bill to ensure a woman’s right committee concerned. taxable income for the 15 percent rate brack- to breastfeed her child on any portion of By Mr. SHAYS (for himself, Mrs. et, to provide a partial exclusion from gross Federal property where the woman and her MALONEY of New York, Ms. BERKLEY, income for dividends and interest received child are otherwise authorized to be; to the Mr. BRADY of Pennsylvania, Mr. by individuals, to provide a long-term cap- Committee on Government Reform. CAPUANO, Mr. ENGLISH, Mr. ital gains deduction for individuals, to in- By Mrs. MALONEY of New York (for FALEOMAVAEGA, Mr. FROST, Mr. GIL- crease the traditional IRA contribution herself, Mrs. KELLY, Mr. ABER- MAN, Mr. GUTIERREZ, Ms. JACKSON- limit, and for other purposes; to the Com- CROMBIE, Ms. BERKLEY, Mrs. LEE of Texas, Mrs. JOHNSON of Con- mittee on Ways and Means. CHRISTENSEN, Mrs. CLAYTON, Mr. CON- necticut, Ms. KILPATRICK, Mr. KOLBE, By Mr. GUTIERREZ (for himself and YERS, Mr. FARR of California, Mr. Ms. LEE, Mr. MALONEY of Con- Mrs. MORELLA): FILNER, Mr. FROST, Ms. JACKSON-LEE necticut, Mr. MCGOVERN, Mr. NAD- H.R. 1841. A bill to amend the Immigration of Texas, Mr. JEFFERSON, Mr. LA- LER, Mr. PETRI, Mr. SCHAFFER, Ms. and Nationality Act to restore eligibility for FALCE, Mr. LEWIS of Georgia, Ms. SCHAKOWSKY, and Mr. UNDERWOOD): adjustment of status under section 245(i) of LOFGREN, Mr. MCGOVERN, Ms. MCKIN- H.R. 1854. A bill to temporarily increase that Act; to the Committee on the Judiciary. NEY, Mr. MEEHAN, Ms. MILLENDER- the number of visas available for backlogged By Mr. HAYWORTH (for himself and MCDONALD, Mrs. MORELLA, Ms. NOR- spouses and children of lawful permanent Mr. POMEROY): H.R. 1842. A bill to provide matching TON, Mr. OLVER, Mr. PAYNE, Ms. resident aliens; to the Committee on the Ju- grants for the construction, renovation and PELOSI, Ms. RIVERS, Mr. ROMERO- diciary. repair of school facilities in areas affected by BARCELO, Mr. SANDERS, Ms. By Mr. SMITH of Texas (for himself, Federal activities, and for other purposes; to SCHAKOWSKY, Ms. SLAUGHTER, Mr. Ms. LOFGREN, and Mr. HUTCHINSON): the Committee on Education and the Work- STARK, Mrs. THURMAN, Mr. UNDER- H.R. 1855. A bill to exempt agreements re- force, and in addition to the Committee on WOOD, Mr. WEINER, and Ms. WOOL- lating to voluntary guidelines governing Armed Services, for a period to be subse- SEY): telecast material, movies, video games, quently determined by the Speaker, in each H.R. 1849. A bill to require the Attorney Internet content, and music lyrics from the case for consideration of such provisions as General to promulgate regulations relating applicability of the antitrust laws; to the fall within the jurisdiction of the committee to gender-related persecution, including fe- Committee on the Judiciary. concerned. male genital mutilation, for use in deter- By Mr. THORNBERRY: By Mr. HYDE (for himself and Mrs. mining an alien’s eligibility for asylum or H.R. 1856. A bill to direct the Attorney withholding of deportation; to the Com- General to establish a panel to study the LOWEY): H.R. 1843. A bill to amend title XXI of the mittee on the Judiciary. issue of Federal benefits received by persons Social Security Act to permit States to use By Mr. MILLER of Florida (for himself, convicted of drug offenses; to the Committee funds under the State Children’s Health In- Mr. GEORGE MILLER of California, Mr. on the Judiciary. surance Program for coverage of uninsured GOSS, Mr. KOLBE, Mr. FORBES, Mr. By Mrs. THURMAN (for herself, Mr. pregnant women, and for other purposes; to WAXMAN, Mr. ROYCE, Mr. SHAYS, Mr. STARK, Mr. CANADY of Florida, Ms. the Committee on Commerce. WOLF, Mrs. NORTHUP, Mr. FRELING- BERKLEY, Mr. MATSUI, Mr. LEWIS of By Mr. LAHOOD (for himself, Mr. HUYSEN, Mr. BLAGOJEVICH, Mr. Georgia, Ms. BALDWIN, Mr. HILLIARD, FRANK of Massachusetts, Mr. KILDEE, SUNUNU, Mr. STARK, Mr. MEEHAN, Mr. Mr. BARRETT of Wisconsin, Ms. KIL- Mr. SUNUNU, Mr. FROST, Mr. DINGELL, SANFORD, Mr. BASS, Mr. CAMPBELL, PATRICK, Ms. MILLENDER-MCDONALD, and Mr. LATOURETTE): Mr. BRADY of Pennsylvania, Mr. and Ms. HOOLEY of Oregon): H.R. 1844. A bill to provide for adjustment PORTMAN, Mr. BERMAN, Mr. VIS- H.R. 1857. A bill to amend the Family and of status for certain aliens granted tem- CLOSKY, Mr. HINCHEY, Mr. HUTCH- Medical Leave Act of 1993 to allow leave for porary protected status in the United States INSON, Mr. CARDIN, Mr. CASTLE, Mr. individuals who give living organ donations, because of conditions in Lebanon; to the HANSEN, Mr. COOK, Mr. COYNE, Mr. to amend the Public Health Service Act with Committee on the Judiciary. ENGLISH, Mr. ROHRABACHER, Mr. respect to paying travel and subsistence ex- By Mr. LIPINSKI (for himself, Mr. SOUDER, Mr. WEINER, Mr. SHAW, Mr. penses that are incurred by individuals in do- TRAFICANT, Mr. DEFAZIO, Mr. DUN- SCARBOROUGH, Mr. PORTER, Mr. nating or receiving of organs, and for other CAN, Mr. EVANS, Mr. RUSH, Mr. COBURN, Mr. HORN, Mr. RAMSTAD, Mr. purposes; to the Committee on Education GUTIERREZ, Mr. DAVIS of Illinois, Ms. WAMP, Mr. SENSENBRENNER, Mrs. and the Workforce, and in addition to the SCHAKOWSKY, Mr. COSTELLO, Mr. ROUKEMA, Mr. KINGSTON, and Mr. Committees on Commerce, Government Re- PHELPS, Mr. BORSKI, Mr. HOLDEN, and SALMON): form, House Administration, and Ways and Mr. MCGOVERN): H.R. 1850. A bill to amend the Agricultural Means, for a period to be subsequently deter- H.R. 1845. A bill to amend title 49, United Market Transition Act to convert the price mined by the Speaker, in each case for con- States Code, to provide for congressional re- support program for sugarcane and sugar sideration of such provisions as fall within view of civil aviation agreements; to the beets into a system of solely recourse loans the jurisdiction of the committee concerned. Committee on Transportation and Infra- and to provide for the gradual elimination of By Mrs. CAPPS (for herself, Mr. structure, and in addition to the Committee the program; to the Committee on Agri- GEJDENSON, Mr. HOUGHTON, Mr. BER- on Rules, for a period to be subsequently de- culture. MAN, Mr. SAXTON, Mr. ACKERMAN, Mr. termined by the Speaker, in each case for By Mr. OWENS (for himself, Mr. CLAY, WAXMAN, Mr. WEXLER, Mr. OSE, Mr. consideration of such provisions as fall with- Mr. GEORGE MILLER of California, Mr. FROST, Mr. PORTER, Mr. BONIOR, Ms. in the jurisdiction of the committee con- MARTINEZ, Mr. PAYNE, Mr. KUCINICH, DELAURO, Mr. BROWN of California, cerned. and Ms. WOOLSEY): Mr. MATSUI, Mrs. LOWEY, Mr. DIXON, By Ms. LOFGREN: H.R. 1851. A bill to amend the Occupational Ms. SCHAKOWSKY, Mrs. MEEK of Flor- H.R. 1846. A bill to amend the Immigration Safety and Health Act of 1970 to enhance ida, Mr. CROWLEY, Mr. BERRY, Mr. and Nationality Act to permit the Attorney protections for employees reporting work- HOLT, Mr. FARR of California, Ms. General to deem that an applicant for natu- place hazards to the Occupational Safety and KILPATRICK, Mr. HASTINGS of Florida, ralization has taken an oath of renunciation Health Administration; to the Committee on Mr. FILNER, Mr. PAYNE, Mr. LEVIN, and allegiance in certain cases where the ap- Education and the Workforce. Mr. KENNEDY of Rhode Island, Mr. plicant is medically unable to take the oath; By Mr. SENSENBRENNER (for him- BLAGOJEVICH, Mrs. MALONEY of New to the Committee on the Judiciary. self, Mr. COBLE, and Mr. BERMAN): York, Ms. VELA´ ZQUEZ, Mr. MINGE, Mr.

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CAPUANO, Mr. HINCHEY, Mr. HORN, Ms. H.R. 248: Mr. ENGLISH and Mr. SHADEGG. H.R. 1102: Mrs. MYRICK, Mr. LUCAS of Ken- LEE, Mr. ETHERIDGE, Mr. REYES, Mr. H.R. 303: Mr. CHAMBLISS. tucky, Mr. MANZULLO, Mr. COOK, and Mr. GREEN of Texas, Mr. MEEHAN, Mr. H.R. 315: Mr. PALLONE. VENTO. ALLEN, Mr. ENGEL, Mr. MCGOVERN, H.R. 351: Mr. QUINN and Mr. BAKER. H.R. 1106: Mr. CHAMBLISS. Mr. KOLBE, Mr. BENTSEN, Ms. PELOSI, H.R. 353: Mr. UPTON, Mr. JENKINS, Mr. H.R. 1111: Mr. LEACH. Mr. PHELPS, Mr. OBERSTAR, Mr. KING, SKELTON, Mr. SHAYS, and Ms. BROWN of Flor- H.R. 1123: Mr. GEJDENSON and Ms. RIVERS. Mr. NADLER, Ms. BALDWIN, Mr. HALL ida. H.R. 1146: Mr. TANCREDO. of Ohio, Mr. FORBES, Mr. FRANK of H.R. 357: Mr. BAIRD. H.R. 1168: Mr. MEEHAN, Mr. LATOURETTE, Massachusetts, Ms. LOFGREN, Mr. RO- H.R. 380: Mr. WEINER and Mr. SERRANO. Mr. TRAFICANT, Mr. CRAMER, Mrs. ROUKEMA, MERO-BARCELO, Mr. CONDIT, Mr. H.R. 383: Mr. WATT of North Carolina, Mr. Mr. HILLEARY, Mrs. TAUSCHER, Mr. JEFFER- PRICE of North Carolina, Mr. LEWIS of LEWIS of Georgia, and Mr. HOLDEN. SON, Mr. SMITH of New Jersey, Mr. SAXTON, Georgia, and Mr. ROTHman): H.R. 390: Mrs. CHENOWETH, Mr. PITTS, Mr. Mr. TIERNEY, Mr. ENGEL, Mr. WEXLER, and H. Con. Res. 109. A concurrent resolution LAFALCE, Mr. TOWNS, Mr. CROWLEY, Mrs. Mr. VISCLOSKY. commending the people of Israel for re- THURMAN, and Mr. HINCHEY. H.R. 1180: Mr. PAYNE, Mr. TAUZIN, Ms. affirming, in its elections, its dedication to H.R. 407: Mr. TAYLOR of Mississippi. HOOLEY of Oregon, Ms. MCKINNEY, Mr. SIMP- democratic ideals, and for other purposes; to H.R. 417: Mr. BOYD. SON, and Mr. CAPUANO. the Committee on International Relations. H.R. 430: Mr. GONZALEZ. H.R. 1190: Mr. UNDERWOOD. By Mr. THOMPSON of Mississippi (for H.R. 456: Mr. FOLEY, Mr. UDALL of Colo- H.R. 1196: Mr. HINOJOSA and Mr. WU. himself, Mr. CLYBURN, Mr. HASTINGS rado, Mr. GONZALEZ. H.R. 1218: Mr. PACKARD. of Florida, Mr. JEFFERSON, Mr. H.R. 483: Mr. TALENT. H.R. 1221: Mrs. THURMAN. CUMMINGS, Ms. VELA´ ZQUEZ, Mr. CON- H.R. 488: Mr. MARKEY. H.R. 1222: Mr. MCDERMOTT. YERS, Mr. SCOTT, Mr. RUSH, Ms. JACK- H.R. 516: Mr. BOUCHER. H.R. 1237: Mr. DELAHUNT, Mr. ROMERO- ´ SON-LEE of Texas, Mr. PAYNE, Mr. H.R. 518: Mr. SANFORD, Mr. PACKARD, Mr. BARCELO, Mr. FARR of California, Mr. JACKSON of Illinois, Mrs. BOUCHER. FRANKS of New Jersey, Mr. DAVIS of Florida, CHRISTENSEN, Ms. NORTON, Mr. DAVIS H.R. 531: Mr. LARSON, Mr. LAFALCE, Mr. and Mr. WU. of Illinois, Mr. OWENS, Ms. BROWN of LAHOOD, Mr. SHAYS, Mr. HOEFFEL, Ms. H.R. 1248: Ms. KILPATRICK, Mr. PALLONE, Florida, Mrs. MEEK of Florida, Mr. HOOLEY of Oregon, and Ms. STABENOW. and Mr. BROWN of California. FATTAH, Ms. MILLENDER-MCDONALD, H.R. 541: Mr. WU and Mr. ABERCROMBIE. H.R. 1256: Mr. ARMEY, Mr. DEAL of Georgia, Mr. FORD, Mrs. JONES of Ohio, Mr. H.R. 576: Mr. BAIRD. Mr. BARTON of Texas, Mr. MEEKS of New TOWNS, Ms. MCKINNEY, Mrs. CLAYTON, H.R. 584: Mr. KING and Mrs. KELLY. York, and Mr. BOEHLERT. H.R. 1267: Mr. LAFALCE. Mr. MEEKS of New York, Ms. LEE, Ms. H.R. 648: Mr. UNDERWOOD and Mr. LEWIS of H.R. 1285: Mr. ENGLISH, Mr. WYNN, Mr. EDDIE BERNICE JOHNSON of Texas, Mr. Georgia. BALDACCI, Mr. DAVIS of Illinois, Mr. BONIOR, FROST, Ms. CARSON, Ms. KILPATRICK, H.R. 670: Mr. SMITH of Texas and Mrs. and Mrs. EMERSON. Ms. WATERS, Mr. WYNN, Mr. RANGEL, MEEK of Florida. H.R. 1288: Mrs. MALONEY of New York, Ms. Mr. BISHOP, Mr. HILLIARD, Mr. LEWIS H.R. 716: Mr. LINDER. VELA´ ZQUEZ, and Mr. CAPUANO. of Georgia, and Mr. WATT of North H.R. 719: Ms. KILPATRICK. H.R. 1292: Mr. LOBIONDO, Mr. FROST, Mr. Carolina): H.R. 732: Mr. ACKERMAN, Mrs. ROUKEMA, HOUGHTON, and Mr. LANTOS. H. Res. 176. A resolution recognizing the and Mr. KILDEE. H.R. 1301: Ms. MCCARTHY of Missouri, Mr. historical significance of the Supreme H.R. 750: Mr. SMITH of New Jersey. EVERETT, Mr. KIND, Mrs. THURMAN, Mr. Court’s unanimous decision in Brown v. H.R. 783: Mr. SISISKY, Mr. BONIOR, Mr. HULSHOF, Mr. LUCAS of Kentucky, Mr. Board of Education, repudiating segregation, SKELTON, Mr. SIMPSON, Mr. HILL of Indiana, MCHUGH, Mr. CAMP, Mr. TANCREDO, Mr. DEAL and reaffirming the fundamental belief that Mr. MCHUGH, and Mrs. JOHNSON of Con- of Georgia, and Ms. PRYCE of Ohio. we are all ‘‘one Nation under God, indivis- necticut. H.R. 1317: Mr. NEAL of Massachusetts and ible’’; to the Committee on the Judiciary. H.R. 784: Mr. STENHOLM and Mr. BALDACCI. Mr. UPTON. By Mr. BALDACCI: H.R. 796: Mr. DIAZ-BALART, Mr. THOMAS, H.R. 1334: Mr. SHIMKUS, Mr. NORWOOD, Mr. H. Res. 177. A resolution relating to the Mr. BRADY of Texas, Mr. HUNTER, and Mr. GILLMOR, and Mr. WELLER. treatment of veterans with Alzheimer’s dis- LEWIS of California. H.R. 1337: Mr. BECERRA, Mr. BILIRAKIS, Mr. ease; to the Committee on Veterans’ Affairs. H.R. 827: Mr. LEVIN, Mr. GEORGE MILLER of COLLINS, Mr. MCKEON, Mr. RANGEL, and Mr. By Ms. PELOSI (for herself, Mr. WOLF, California, Mr. DAVIS of Illinois, Mr. BER- CRANE. Mr. LANTOS, Mr. PORTER, Mr. GEP- MAN, Mr. STARK, Mr. LEWIS of Georgia, Mr. H.R. 1342: Ms. WOOLSEY, Mr. CAPUANO, and HARDT, Mr. COX, Mr. BONIOR, Mr. GIL- HINOJOSA, Mr. CARDIN, and Mr. QUINN. Ms. JACKSON-LEE of Texas. MAN, Mr. GEJDENSON, Mr. SMITH of H.R. 845: Mr. LEWIS of Georgia. H.R. 1349: Mr. CALVERT, Mr. CANNON, and New Jersey, Mr. BROWN of Ohio, Mr. H.R. 876: Mr. GARY MILLER of California. Mr. LATHAM. ROHRABACHER, Mr. WU, Mr. ABER- H.R. 895: Mr. DIXON, Mr. CARDIN, Ms. LEE, H.R. 1355: Mr. ACKERMAN and Mr. CROMBIE, Mr. SCHAFFER, Mr. SHAYS, Mrs. THURMAN, Ms. BERKLEY, Mr. MALONEY RODRIGUEZ. ´ Mr. WAXMAN, Ms. WOOLSEY, Mr. of Connecticut, and Ms. VELAZQUEZ. H.R. 1366: Mr. PASTOR, Mr. BAKER, and Mr. HORN, Mr. MCGOVERN, and Mr. CLAY): H.R. 924: Mr. BURTON of Indiana, Mrs. SMITH of New Jersey. H. Res. 178. A resolution concerning the EMERSON, Mr. GOODE, Mr. HOBSON, Mr. JEN- H.R. 1443: Mr. ENGEL. tenth anniversary of the Tiananmen Square KINS, Ms. MCKINNEY, Mr. PICKETT, and Mr. H.R. 1452: Mr. TRAFICANT. massacre of June 4, 1989, in the People’s Re- TAYLOR of North Carolina. H.R. 1465: Mr. INSLEE. public of China; to the Committee on Inter- H.R. 976: Ms. CARSON, Mr. MALONEY of Con- H.R. 1496: Ms. PRYCE of Ohio, Mr. national Relations. necticut, and Mr. JENKINS. LOBIONDO, Mr. MCINTOSH, and Mrs. MYRICK. f H.R. 997: Mr. PALLONE, Mr. BROWN of Cali- H.R. 1513: Mr. BLUMENAUER. fornia, Mr. MATSUI, Mrs. JOHNSON of Con- H.R. 1592: Mr. CUNNINGHAM, Mr. TERRY, Mr. ADDITIONAL SPONSORS necticut, Mr. VENTO, Mr. WEYGAND, Mr. FIL- HUTCHINSON, Ms. BROWN of Florida, Mr. NOR- Under clause 7 of rule XII, sponsors NER, Mrs. NAPOLITANO, Ms. WOOLSEY, Mr. WOOD, Mr. HOLDEN, Mr. GEKAS, and Mr. GIB- MCHUGH, Mr. MOLLOHAN, and Mr. LEWIS of were added to public bills and resolu- BONS. Georgia. H.R. 1602: Mr. MANZULLO, Mr. GARY MILLER tions as follows: H.R. 1000: Mr. ORTIZ, Mr. POMBO, Mr. of California, and Mr. TALENT. H.R. 5: Mr. ARMEY. SOUDER, Mr. ENGLISH, and Mr. SHOWS. H.R. 1614: Mr. DAVIS of Florida. H.R. 8: Mr. EHRLICH, Mr. HANSEN, Mr. POR- H.R. 1002: Mr. PACKARD. H.R. 1616: Mr. MCINNIS. TER, and Mr. BRADY of Texas. H.R. 1008: Mr. CALVERT. H.R. 1649: Mr. PETRI. H.R. 49: Mrs. MINK of Hawaii, Mr. SANDLIN, H.R. 1029: Mr. MCDERMOTT, Mr. FROST, Mr. H.R. 1650: Ms. KILPATRICK, Mr. LEVIN, Ms. and Mr. BACHUS. FARR of California, and Mrs. MEEK of Flor- SLAUGHTER, and Mr. SMITH of Washington. H.R. 65: Mr. WATT of North Carolina. ida. H.R. 1659: Mr. FRANK of Massachusetts, Ms. H.R. 111: Mr. TALENT, Mr. CONYERS, Mr. H.R. 1044: Mr. ENGLISH, Mrs. THURMAN, Mr. CARSON, Ms. NORTON, Mr. GONZALEZ, Mr. MOORE, Ms. ROS-LEHTINEN, Mr. SMITH of New JENKINS, and Mr. GARY MILLER of California. JACKSON of Illinois, Mr. MEEKS of New York, Jersey, Mr. JONES of North Carolina, and Mr. H.R. 1070: Mr. BORSKI and Mr. CLYBURN. Ms. BROWN of Florida, Mr. WALSH, Mr. DAVIS INSLEE. H.R. 1071: Ms. BERKLEY. of Illinois, and Mr. CLAY. H.R. 157: Mr. ARMEY and Mr. PACKARD. H.R. 1080: Mr. WEINER, Mr. THOMPSON of H.R. 1706: Mr. GARY MILLER of California. H.R. 170: Mr. ABERCROMBIE, Ms. KIL- Mississippi, and Mr. LATOURETTE. H.R. 1710: Mr. BACHUS. PATRICK, Mr. COSTELLO, and Mr. SANDERS. H.R. 1083: Mr. CRANE. H.R. 1750: Ms. SCHAKOWSKY, Mr. TRAFICANT, H.R. 194: Mr. LEVIN. H.R. 1095: Mr. RAHALL, Mr. ABERCROMBIE, Ms. BALDWIN, Mr. RODRIQUEZ, and Mr. CON- H.R. 220: Mr. SUNUNU. Mr. LANTOS, and Mr. LEWIS of Georgia. YERS.

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H.R. 1763: Mr. HUNTER. equipment or products that may be author- Aviation System Capacity’’ and insert H.R. 1768: Mr. MOORE. ized to be purchased with financial assist- ‘‘$67,600,000 to be for Aviation System Capac- H.R. 1775: Mr. HOYER and Mr. KENNEDY of ance provided under this Act, it is the sense ity, and with $481,600,000 to be for the Re- Rhode Island. of the Congress that entities receiving such search and Technology Base, including— H.R. 1777: Mr. ENGLISH, Mr. EHLERS, and assistance should, in expending the assist- ‘‘(I) $20,000,000 for the Innovative Aviation Mr. INSLEE. ance, purchase only American-made equip- Technologies Research program; H.R. 1791: Mr. ENGLISH and Ms. KILPATRICK. ment and products. ‘‘(II) $30,000,000 for the Aging Aircraft H.R. 1798: Ms. SLAUGHTER. (b) NOTICE TO RECIPIENTS OF ASSISTANCE.— Sustainment program; H.R. 1812: Ms. BALDWIN. In providing financial assistance under this ‘‘(III) $10,000,000 for the Aircraft Develop- H.J. Res. 21: Mr. EWING. Act, the Secretary of Commerce shall pro- ment Support program; H.J. Res. 41: Mr. BRADY of Pennsylvania, vide to each recipient of the assistance a no- ‘‘(IV) $20,000,000 for the Unmanned Air Ve- Ms. EDDIE BERNICE JOHNSON of Texas, Mr. tice describing the statement made in sub- hicles program; and DELAHUNT, and Ms. DEGETTE. section (a) by the Congress. ‘‘(V) $20,000,000 for the Long-Range Preci- H. Con. Res. 8: Mr. LUCAS of Kentucky. SEC. 11. PROHIBITION OF CONTRACTS. sion Hypersonic Strike program’’. H. Con. Res. 25: Mr. ROMERO-BARCELO, Mrs. If it has been finally determined by a court H.R. 1654 KELLY, and Mr. FROST. or Federal agency that any person inten- OFFERED BY: MR. COOK H. Con. Res. 30: Mr. THORNBERRY and Mr. tionally affixed a label bearing a ‘‘Made in AMENDMENT NO. 2: At the end of the bill, RYUN of Kansas. America’’ inscription, or any inscription insert the following new section: H. Con. Res. 60: Mr. LEACH, Mr. BEREUTER, with the same meaning, to any product sold and Mr. SUNUNU. in or shipped to the United States that is not SEC. 221. SPACE STATION COMMERCIALIZATION. H. Con. Res. 73: Mr. LAFALCE. made in the United States, such person shall In order to promote commercialization of H. Con. Res. 75: Mr. KENNEDY of Rhode Is- be ineligible to receive any contract or sub- the International Space Station, the Admin- land, and Ms. EDDIE BERNICE JOHNSON of contract made with funds provided pursuant istrator shall— Texas. to this Act, pursuant to the debarment, sus- (1) allocate sufficient resources as appro- H. Con. Res. 94: Mr. TRAFICANT, Mrs. CUBIN, pension, and ineligibility procedures de- priate to accelerate the National Aero- and Mr. SMITH of New Jersey. scribed in section 9.400 through 9.409 of title nautics and Space Administration’s initia- H. Con. Res. 99: Mr. ENGLISH 48, Code of Federal Regulations. tives promoting commercial participation in H. Con. Res. 107: Mr. DEMINT, Mr. FORBES, the International Space Station; H.R. 1654 Mr. HILLEARY, Mr. POMBO, Mr. RILEY, Mr. (2) instruct all National Aeronautics and SMITH of New Jersey, Mr. ARCHER, Mr. OFFERED BY: MR. BATEMAN Space Administration staff that they should WATTS of Oklahoma, Mr. BLILEY, and Mr. AMENDMENT NO. 1: In section 101(1), strike consider the potential impact on commercial HOSTETTLER. ‘‘$2,482,700,000’’ and insert ‘‘$2,382,700,000’’. participation in the International Space Sta- H. Res. 45: Mr. PACKARD. In section 101(2), strike ‘‘$2,328,000,000’’ and tion in developing policies or program prior- H. Res. 115: Mr. LEVIN, Mr. WEINER, and Mr. insert ‘‘$2,228,000,000’’. ities not directly related to crew safety; and CAPUANO. In section 101(3), strike ‘‘$2,091,000,000’’ and (3) publish a list, not later than 90 days H. Res. 161: Mr. LAMPSON and Ms. BALDWIN. insert ‘‘$1,991,000,000’’. after the date of the enactment of this Act, H. Res. 164: Ms. MILLENDER-MCDONALD, Mr. In section 103(4)— and annually thereafter with the annual HILLIARD, Mr. SANDERS, Mr. SHOWS, Mr. (1) in subparagraph (A), strike budget request of the National Aeronautics BAIRD, Mr. ABERCROMBIE, and Mr. FROST. ‘‘$999,300,000’’ and insert ‘‘$1,099,300,000’’; and Space Administration, of the opportuni- (2) in subparagraph (A)(i), strike ties for commercial participation in the f ‘‘$532,800,000’’ and insert ‘‘$632,800,000’’; International Space Station consistent with DELETION OF SPONSORS FROM (3) in subparagraph (A)(i), strike safety and mission assurance. PUBLIC BILLS AND RESOLUTIONS ‘‘$412,800,000 to be for the Research and Tech- In the table of contents, after the item re- nology Base’’ and insert ‘‘$512,800,000 to be lating to section 220, insert the following Under clause 7 of rule XII, sponsors for the Research and Technology Base, in- new item: were deleted from public bills and reso- cluding— Sec. 221. Space Station commercialization. lutions as follows: ‘‘(I) $20,000,000 for the Innovative Aviation H.R. 1654 H.R. 692: Mr. GREEN of Wisconsin. Technologies Research program; OFFERED BY: MR. ROEMER H.R. 987: Mr. THOMPSON of Mississippi. ‘‘(II) $30,000,000 for the Aging Aircraft Sustainment program; AMENDMENT NO. 3: Amend section 101 to f ‘‘(III) $10,000,000 for the Aircraft Develop- read as follows: AMENDMENTS ment Support program; SEC. 101. INTERNATIONAL SPACE STATION. ‘‘(IV) $20,000,000 for the Unmanned Air Ve- There are authorized to be appropriated to Under clause 8 of rule XVIII, pro- hicles program; and the National Aeronautics and Space Admin- posed amendments were submitted as ‘‘(V) $20,000,000 for the Long-Range Preci- istration for the International Space Sta- follows: sion Hypersonic Strike program’’; tion, for expenses necessary to terminate the H.R. 1553 (4) in subparagraph (B), strike program, for fiscal year 2000, $500,000,000. ‘‘$908,400,000’’ and insert ‘‘$1,008,400,000’’; In section 106(1), strike ‘‘$13,625,600,000’’ OFFERED BY: MR. HUTCHINSON (5) in subparagraph (B)(i), strike and insert in lieu thereof ‘‘$11,642,900,000’’. AMENDMENT NO. 1: In section 3, insert at ‘‘$524,000,000’’ and insert ‘‘$624,000,000’’; In section 106(2), strike ‘‘$13,747,100,000’’ the end the following new subsection: (6) in subparagraph (B)(i), strike and insert in lieu thereof ‘‘$11,919,100,000’’. (d) CLOSING OF LOCAL WEATHER SERVICE ‘‘$399,800,000 to be for the Research and Tech- In section 106(3), strike ‘‘$13,839,400,000’’ OFFICES.—It is the sense of the Congress that nology Base, and with $54,200,000 to be for and insert in lieu thereof ‘‘$12,248,490,000’’. the National Weather Service should not Aviation System Capacity’’ and insert In section 121(a), strike ‘‘sections 101,’’ and close any local weather service offices within ‘‘$54,200,000 to be for Aviation System Capac- insert in lieu thereof ‘‘sections’’. Wind Zone IV, otherwise known as tornado ity, and with $499,800,000 to be for the Re- H.R. 1654 alley. search and Technology Base, including— OFFERED BY: MR. ROEMER H.R. 1553 ‘‘(I) $20,000,000 for the Innovative Aviation Technologies Research program; AMENDMENT NO. 4: After section 130, insert OFFERED BY: MR. TRAFICANT ‘‘(II) $30,000,000 for the Aging Aircraft the following new section: AMENDMENT NO. 2: At the end of the bill, Sustainment program; SEC. 131. COST LIMITATION FOR THE INTER- add the following new sections: ‘‘(III) $10,000,000 for the Aircraft Develop- NATIONAL SPACE STATION. SEC. 9. COMPLIANCE WITH BUY AMERICAN ACT. ment Support program; (a) LIMITATION OF COSTS.—Except as pro- No funds authorized pursuant to this Act ‘‘(IV) $20,000,000 for the Unmanned Air Ve- vided in subsection (c), the total amount ap- may be expended by an entity unless the en- hicles program; and propriated for— tity agrees that in expending the assistance ‘‘(V) $20,000,000 for the Long-Range Preci- (1) costs of the International Space Station the entity will comply with sections 2 sion Hypersonic Strike program’’; through completion of assembly may not ex- through 4 of the Act of March 3, 1933 (41 (7) in subparagraph (C), strike ceed $21,900,000,000; and U.S.C. 10a–10c, popularly known as the ‘‘Buy ‘‘$994,800,000’’ and insert ‘‘$1,094,800,000’’; (2) space shuttle launch costs in connec- American Act’’). (8) in subparagraph (C)(i), strike tion with the assembly of the International SEC. 10. SENSE OF CONGRESS; REQUIREMENT ‘‘$519,200,000’’ and insert ‘‘$619,200,000’’; and Space Station through completion of assem- REGARDING NOTICE. (9) in subparagraph (C)(i), strike bly may not exceed $17,700,000,000 (deter- (a) PURCHASE OF AMERICAN-MADE EQUIP- ‘‘$381,600,000 to be for the Research and Tech- mined at the rate of $380,000,000 per space MENT AND PRODUCTS.—In the case of any nology Base, and with $67,600,000 to be for shuttle flight).

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(b) COSTS TO WHICH LIMITATION APPLIES.— (4) INSPECTOR GENERAL.—Within 60 days the Committee on Commerce, Science, and (1) DEVELOPMENT COSTS.—The limitation after the Administrator provides a notice Transportation of the Senate’’ and insert imposed by subsection (a)(1) does not apply and analysis to the Congress under sub- ‘‘Congress’’. to funding for operations, research, and crew section (d), the Inspector General of the Na- H.R. 1654 return activities subsequent to substantial tional Aeronautics and Space Administra- OFFERED BY: MR. SALMON completion of the International Space Sta- tion shall review the notice and analysis and AMENDMENT NO. 7: At the end of the bill, tion. report the results of the review to the com- insert the following new section: (2) LAUNCH COSTS.—The limitation imposed mittees to which the notice and analysis was by subsection (a)(2) does not apply to space SEC. 221. ANTI-DRUG MESSAGE ON INTERNET provided. SITES. shuttle launch costs in connection with oper- In the table of contents, after the item re- Not later than 90 days after the date of the ations, research, and crew return activities lating to section 130, insert the following enactment of this Act, the Administrator, in subsequent to substantial completion of the new item: consultation with the Director of the Office International Space Station. Sec. 131. Cost limitation for the Inter- of National Drug Control Policy, shall place (3) SUBSTANTIAL COMPLETION.—For pur- national Space Station. anti-drug messages on Internet sites con- poses of this subsection, the International H.R. 1654 trolled by the National Aeronautics and Space Station is considered to be substan- OFFERED BY: MR. ROEMER Space Administration. tially completed when the development costs AMENDMENT NO. 5: At the end of the bill, In the table of contents, after the item re- comprise 5 percent or less of the total Inter- insert the following new section: lating to section 220, insert the following national Space Station costs for the fiscal new item: year. SEC. 221. CANCELLATION OF RUSSIAN PARTNER- SHIP. Sec. 221. Anti-drug message on Internet (c) AUTOMATIC INCREASE OF LIMITATION Not later than 90 days after the date of the sites. AMOUNT.—The amounts set forth in sub- enactment of this Act, the Administrator section (a) shall each be increased to reflect H.R. 1654 shall terminate all contracts and other any increase in costs attributable to— OFFERED BY: MR. SMITH OF MICHIGAN agreements with the Russian Government (1) economic inflation; AMENDMENT NO. 8: In section 217— necessary to remove the Russian Govern- (2) compliance with changes in Federal, (1) insert ‘‘(a) INFORMATION DEVELOP- ment as a partner in the International Space State, or local laws enacted after the date of MENT.—’’ before ‘‘The Administrator shall’’; Station program. The National Aeronautics enactment of this Act; and and Space Administration shall not enter (3) the lack of performance or the termi- (2) add at the end the following new sub- into a new partnership with the Russian nation of participation of any of the Inter- sections: Government relating to the International national countries participating in the Inter- (b) PLAN.—After performing the activities national Space Station; and Space Station. Nothing in this section shall described in subsection (a) the Administrator (4) new technologies to improve safety, re- prevent the National Aeronautics and Space and the Secretary of Agriculture shall de- liability, maintainability, availability, or Administration from accepting participation velop a plan to inform farmers and other pro- utilization of the International Space Sta- by the Russian Government or Russian enti- spective users about the use and availability tion, or to reduce costs after completion of ties on a commercial basis. Nothing in this of remote sensing products that may assist assembly, including increases in costs for on- section shall prevent the National Aero- with agricultural and forestry applications orbit assembly sequence problems, increased nautics and Space Administration from pur- identified in subsection (a). The Adminis- ground testing, verification and integration chasing elements of the International Space trator shall transmit such plan to the Con- activities, contingency responses to on-orbit Station directly from Russian contractors. gress not later than 180 days after the date of failures, and design improvements to reduce In the table of contents, after the item re- the enactment of this Act. the risk of on-orbit failures. lating to section 220, insert the following: (c) IMPLEMENTATION.—Not later than 90 Sec. 221. Cancellation of Russian partner- (d) NOTICE OF CHANGES.—The Adminis- days after the plan has been transmitted trator shall provide with each annual budget ship. under subsection (b), the Administrator and request a written notice and analysis of any H.R. 1654 the Secretary of Agriculture shall imple- changes under subsection (c) to the amounts OFFERED BY: MR. ROHRABACHER ment the plan. set forth in subsection (a) to the Senate AMENDMENT NO. 6: In section 103(2)— H.R. 1654 Committees on Appropriations and on Com- (1) in subparagraph (A), insert ‘‘, and of OFFERED BY: MR. SMITH OF MICHIGAN merce, Science, and Transportation and to which $77,400,000 may be used for activities AMENDMENT NO. 9: In section 217— the House of Representatives Committees on associated with International Space Station (1) insert ‘‘(a) INFORMATION DEVELOP- Appropriations and on Science. The written research’’ after ‘‘rocket vouchers’’; MENT.—’’ before ‘‘The Administrator shall’’; notice shall include— (2) in subparagraph (B), insert ‘‘, and of and (1) an explanation of the basis for the which $70,000,000 may be used for activities (2) add at the end the following new sub- change, including the costs associated with associated with International Space Station sections: the change and the expected benefit to the research’’ after ‘‘health issues’’; and (b) PLAN.—After performing the activities program to be derived from the change; and (3) in subparagraph (C), insert ‘‘, and of described in subsection (a) the Administrator (2) an analysis of the impact on the assem- which $80,800,000 may be used for activities shall, in consultation with the Secretary of bly schedule and annual funding estimates of associated with International Space Station Agriculture, develop a plan to inform farm- not receiving the requested increases. research’’ after ‘‘health issues’’. ers and other prospective users about the use (e) REPORTING AND REVIEW.— In section 103(4)(A)(i), insert ‘‘focused pro- and availability of remote sensing products (1) IDENTIFICATION OF COSTS.— gram’’ after ‘‘Ultra-Efficient Engine’’. that may assist with agricultural and for- (A) SPACE SHUTTLE.—As part of the overall In section 103(4)(A)(ii)(I), insert ‘‘, includ- estry applications identified in subsection space shuttle program budget request for ing $30,000,000 for Pathfinder Operability each fiscal year, the Administrator shall (a). The Administrator shall transmit such Demonstrations’’ after ‘‘Demonstration Pro- plan to the Congress not later than 180 days identify separately the amounts of the re- gram’’. quested funding that are to be used for com- after the date of the enactment of this Act. In section 103(4)(B)(i), insert ‘‘focused pro- (c) IMPLEMENTATION.—Not later than 90 pletion of the assembly of the International gram’’ after ‘‘Ultra-Efficient Engine’’. days after the plan has been transmitted Space Station. In section 103(4)(C)(i), insert ‘‘focused pro- under subsection (b), the Administrator shall (B) INTERNATIONAL SPACE STATION.—As part gram’’ after ‘‘Ultra-Efficient Engine’’. implement the plan. of the overall International Space Station In section 209(1), insert ‘‘encouraging’’ budget request for each fiscal year, the Ad- after ‘‘process of’’. H.R. 1654 ministrator shall identify the amount to be In section 219— OFFERED BY: MR. TRAFICANT used for development of the International (1) in subsection (a)— AMENDMENT NO. 10: At the end of the bill, Space Station. (A) strike ‘‘EDUCATION CURRICULUM.—’’ and insert the following new section: (2) ACCOUNTING FOR COST LIMITATIONS.—As insert ‘‘EDUCATIONAL INITIATIVE.—’’; SEC. 221. SENSE OF CONGRESS; REQUIREMENT part of the annual budget request to the Con- (B) strike ‘‘an age-appropriate educational REGARDING NOTICE. gress, the Administrator shall account for curriculum’’ and insert ‘‘age-appropriate (a) PURCHASE OF AMERICAN-MADE EQUIP- the cost limitations imposed by subsection educational materials’’; MENT AND PRODUCTS.—In the case of any (a). (C) insert ‘‘related’’ after ‘‘and any other’’; equipment or products that may be author- (3) VERIFICATION OF ACCOUNTING.—The Ad- and ized to be purchased with financial assist- ministrator shall arrange for a verification, (D) strike ‘‘the educational curriculum ance provided under this Act, it is the sense by the General Accounting Office, of the ac- plans’’ and insert ‘‘the educational materials of the Congress that entities receiving such counting submitted to the Congress within plans’’; and assistance should, in expending the assist- 60 days after the date on which the budget (2) in subsection (b), strike ‘‘Committee on ance, purchase only American-made equip- request is transmitted to the Congress. Science of the House of Representatives and ment and products.

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(b) NOTICE TO RECIPIENTS OF ASSISTANCE.— SEC. 221. USE OF ABANDONED AND UNDERUTI- ing, extent of poverty, growth per capita in- In providing financial assistance under this LIZED BUILDINGS, GROUNDS, AND come, extent of unemployment, job lag, or FACILITIES. Act, the Administrator shall provide to each surplus labor. recipient of the assistance a notice describ- (a) IN GENERAL.—In meeting the needs of ing the statement made in subsection (a) by the National Aeronautics and Space Admin- In the table of contents, after the item re- the Congress. istration for additional facilities, the Admin- lating to section 220, insert the following In the table of contents, after the item re- istrator shall select abandoned and underuti- new item: lating to section 220, insert the following lized buildings, grounds, and facilities in de- new item: pressed communities that can be converted Sec. 221. Use of abandoned and underutilized buildings, grounds, and facili- Sec. 221. Sense of Congress; requirement re- to National Aeronautics and Space Adminis- ties. garding notice. tration facilities at a reasonable cost, as determined by the Administrator. H.R. 1654 (b) DEFINITIONS.—For purposes of this sec- OFFERED BY: MR. TRAFICANT tion, the term ‘‘depressed communities’’ AMENDMENT NO. 11: At the end of the bill, means rural and urban communities that are insert the following new section: relatively depressed, in terms of age of hous-

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THE SUGAR PROGRAM REFORM This legislation is good for consumers, good give consumers the choice of purchasing ACT for the environment, good for American work- American beef. ers, and good for the economy. The United States and the European Union, HON. DAN MILLER It is my hope that this legislation will be twin champions of a rules-based global trading OF FLORIDA quickly considered by the House. system, are heading toward another senseless IN THE HOUSE OF REPRESENTATIVES f trade showdown, this one over hormone-treat- Tuesday, May 18, 1999 ed beef. BETTY LIPPS IS THE ANGEL Like the banana dispute that preceded it— Mr. MILLER of Florida. Mr. Speaker, today AMONG US and on which the United States is now col- myself, Representative GEORGE MILLER and lecting trade penalties from EU exporters—the more than 40 of our colleagues are intro- HON. JOHN SHIMKUS current fight over beef hormones stems from ducing the Sugar Program Reform Act, a bill OF ILLINOIS European intransigence. to phase out the sugar program by the end of IN THE HOUSE OF REPRESENTATIVES In the banana case, the EU insisted that its 2002. political ties with former colonies took prece- Tuesday, May 18, 1999 The sugar program is the ‘‘sugar daddy’’ of dence over its duty to deal fairly with other na- corporate welfare. Why? Because most of the Mr. SHIMKUS. Mr. Speaker, I would like to tions’ banana producers. In the current fight benefits of this program go to huge corporate take this opportunity to congratulate Betty over hormone-treated beef, the EU insists that sugar producers, not the typical family farmer. Lipps upon being named Citizen of the Year its trading obligations must take a back seat to The sugar program’s sole purpose is to prop by the Jefferson County Chamber of Com- exaggerated public fears over tampering with up the price of sugar in the United States merce in recognition of her efforts to create nature. This is an untenable stance for a through a complex system of low-interest, ‘‘Angels on Assignment.’’ major trading power; the EU should abandon nonrecourse loans and tight import restric- ‘‘Angels’’ is affiliated with the First Methodist it before doing any more damage to the global tions. In fact, the price of sugar in the United Church in Mount Vernon, Illinois and began in trading system. States today is roughly four times as high as 1991. Since then the ‘‘Angels,’’ which is de- The dispute has dragged on since the EU the price of sugar world wide. voted to helping the needy and homeless in first banned hormone-treated beef in 1988. As a result, the sugar program imposes a our country, have made a significant contribu- The issue picked up steam in 1995, when the ‘‘sugar tax’’ on consumers, forcing them to pay tion to Mount Vernon and the surrounding Jef- more than $1 billion in higher prices for food World Trade Organization’s agreement on ferson County area. and sugar every year. Sanitary and Phyto-Sanitary measures forbade It devastates the environment, particularly However, we cannot overlook the signifi- the use of bogus health and safety regulations the fragile Everglades in my home State of cance of Betty Lipps’ efforts in creating this as de facto trade barriers. Florida. Higher prices for sugar have encour- program in the first place. Had she not given Acting on a U.S. complaint, the WTO ulti- aged more and more sugar production in the of her personal time and vision, this program mately ruled that the EU ban of imports of hor- Everglades Agricultural Area, leading to high never would have begun and the ‘‘Angels’’ mone-treated beef is not based on sound levels of phosphorus-laden agricultural runoff who have come to mean so much to the science, and told the EU to make a change by flowing into the Everglades, which has dam- Mount Vernon area might never have been May 13. To Washington, this meant the ban aged the ecosystem. found. must be lifted by Thursday. But Brussels de- It has cost many Americans their jobs be- It takes a lot of people and a lot of hard cided the ruling means that more risk assess- cause it has restricted the supply of sugar that work to make a program like this flourish the ment is needed, and it ordered up 17 scientific is available on the American market, resulting way that ‘‘Angels’’ continues to do. Most im- studies. It also said it would announce its in- in the closure of a dozen sugar refineries portunately, it takes one courageous and de- tentions this week on how to respond to the across the country. termined soul like Betty Lipps to get the whole WTO order. Finally, it hampers our ability to expand thing started. Then, last week, EU Consumer Affairs Com- trade opportunities for America’s farmers. It is To Betty and her husband of 50 years, Bob, missioner Emma Bonino dropped a bombshell hypocritical for the United States to protect do- I say thank you. Thank you for all you do to into the hubbub of predictions and expecta- mestic sugar production while urging other make our lives a little better. In your honor, I tions. Citing the interim results of the first of countries to open their agricultural markets. am wearing the ‘‘Angels’’ yellow ribbon on the the 17 studies, the chain-smoking Ms. Bonino America loses leverage in trade negotiations House Floor today as a reminder that with a said hormone-treated beef is so unsafe that it as a result. little bit of love and understanding there truly must continue to be banned from the EU mar- The sugar program is an archaic, unneces- are angels among us. Thanks Betty. ket. ‘‘There can no longer be any question of sary government handout to corporate sugar f lifting the ban,’’ she said. producers at the expense of consumers, work- U.S. officials were flabbergasted, and rightly ers, and the environment. It is truly deserving EU BEEF BAN NOT BASED ON so. The announcement pre-empted the so- of reform. SCIENCE OR FACTS called scientific studies the EU had launched. The Sugar Program Reform Act will do what It even jumped the gun on the final results of the 1996 farm bill failed to accomplish. While HON. DOUG BEREUTER the study it purported to be based upon. And the Farm bill began to phase out supports for OF NEBRASKA it raised a curious question: Why should the nearly every farm commodity, sugar escaped IN THE HOUSE OF REPRESENTATIVES EU plow ahead with 17 expensive studies without any meaningful reform. The Sugar when it knows the outcome from the begin- Tuesday, May 18, 1999 Program Reform Act will gradually phase out ning? the loans provided to sugar producers, and Mr. BEREUTER. Mr. Speaker, this Member Moreover, the announcement left major terminate them at the end of 2002. It will re- would like to commend to his colleagues the questions unanswered about the scientific quire that any loans provided to sugar pro- following editorial from the May 11, 1999, basis of the EU’s policy. The data behind the ducers must be repaid. Journal of Commerce. This editorial provides a interim study results were not immediately Finally, it will require the government to en- thoughtful look at the issues surrounding the available. sure that there is an adequate supply of sugar European Union’s ban on hormone-treated At the same time, there is substantial evi- on the United States market to help keep beef. As the editorial emphasizes, since the dence the product is safe: Americans and Ca- prices down. ban is not based on science, the EU should nadians have been eating hormone-treated

● This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.

VerDate jul 14 2003 14:27 Jan 13, 2005 Jkt 069102 PO 00000 Frm 00001 Fmt 0689 Sfmt 9920 E:\BR99\E18MY9.000 E18MY9 May 18, 1999 EXTENSIONS OF REMARKS 10001 beef for decades with no evidence of harm. Carter, Ledyard, & Milburn, presided over the HONORING DR. HENRY KENDALL, Study after study has shown there is no dif- New York State Bar Association’s Corporation SCIENTIST AND HUMANITARIAN ference in the effects of synthetic and natural and Business Law Section, and participated in hormones. And the United Nations agency re- various committees of the New York City As- sponsible for food safety issues, Codex sociation of the Bar. HON. RUSH D. HOLT Alimentarius, has given a clean bill of health to The Scarsdale Bowl Award marks Mr. OF NEW JERSEY the substances the EU cites as most dan- Cederbaum’s fulfillment of his goal, to make a gerous. valuable contribution to the community in IN THE HOUSE OF REPRESENTATIVES But none of that deterred Ms. Bonino, who which he lives. I join with the residents of Tuesday, May 18, 1999 says the danger is so great that even warning Scarsdale in applauding Mr. Cederbaum’s labels will not offer enough protection. Her commitment to our community and I am proud Mr. HOLT. Mr. Speaker, I rise today to pay declaration appeared to close off a promising to officially recognize this remarkable civic tribute to a late friend and colleague, Dr. compromise involving labeling; if a product is leader for his many years of service. Henry Kendall. banned, the question of how to label it becomes academic. f Dr. Kendall was foremost a great scientist. U.S. trade negotiators, who initially opposed He received the Nobel Prize in 1990, along the idea of labeling beef as hormone-treated, IN HONOR OF HIS HOLINESS BABA with two colleagues, Dr. Richard Taylor and now are warming to the idea. To be sure, it KASHMIRA JI MAHARAJ FOR HIS Dr. Jerome Friedman, for experiments that would add costs to U.S. and Canadian beef DEDICATION TO THE INDIAN confirmed the existence of quarks. As a physi- products. But faced with the option of no ac- COMMUNITY cist, Dr. Kendall constantly sought to break cess at all to the EU market, producers are renew ground, searching for new scientific phe- lenting. Given the chance, some might even HON. ROBERT MENENDEZ nomena and effects. make a virtue of necessity, marketing their OF NEW JERSEY Dr. Kendall, however, was not content to re- products as ‘‘New, Improved, Hormone-Treat- IN THE HOUSE OF REPRESENTATIVES main solely in the laboratory. Concerned about ed!’’ governmental issues like nuclear proliferation It remains for the EU to back down from its Tuesday, May 18, 1999 and the safety of nuclear reactors, he helped Nanny stance and let consumers decide for Mr. MENENDEZ. Mr. Speaker, I rise today found the Union of Concerned Scientists. This themselves—just as they do with cigarettes, to recognize His Holiness Baba Kashmira Ji public interest group presses for control of alcohol, and other products that pose much Maharaj for his commitment to equality and technologies which may be harmful or dan- greater safety risks than beef growth hor- tolerance in India. gerous. Dr. Kendall served as Chairman of the mones. No government can guarantee its citi- Called a visionary with a humane touch, UCS from 1974 until his recent death. A zens zero risk, and no public agency should Baba Ji has been instrumental in facilitating strong advocate of public safety, Dr. Kendall presume to try. The best it can do is base its the distribution of medical services to the most devoted nearly every minute outside of his policies on sound science, and respect its citi- needy in the remote villages of Punjab. By laboratory to campaigns to curb the nuclear zens’ rights to make an informed choice. founding the S.G.L. Charitable Hospital at arms race and alert the public to the most f Jalandhar, Baba Ji has ensured that blood do- pressing environmental threats of our time. nation sites and necessary cancer treatment HONORING BERNARD CEDERBAUM Through his efforts, Dr. Kendall was a living and detection equipment are available to the testimony to how scientists and politicians can area’s less fortunate. HON. NITA M. LOWEY work together to further the public welfare. He Through a combination of meditation and OF NEW YORK testified numerous times before Congress medication, Baba Ji and the Charitable Hos- IN THE HOUSE OF REPRESENTATIVES about issues of technological safety, as he pital has assisted the sick, drug addicts and firmly believed that scientists could—and Tuesday, May 18, 1999 those suffering from depression. Now, plans should—play an important role in public policy Mrs. LOWEY. Mr. Speaker, the Scarsdale have been established to create a nursing college, a dental college, and a medical college. debates. His leadership of UCS was deeply Bowl Award, Scarsdale’s highest civic honor, rooted in the belief that, given accurate and Another issue of great significance to Baba has been given annually since 1943 to honor credible information, the public and policy ‘‘one who has given unselfishly of time, en- Ji is that of gender equality. He has been instrumental in highlighting the discrimination makers would ultimately make the right ergy, and effort to serve the civic welfare of choices about the future. He had a rare gift for the community.’’ Today, I would like to recog- and degradation suffered by Indian women. taking the long view and understanding how nize a resident of my district who, through He has spoken passionately about the oppres- human activities and natural systems are intri- nearly three decades of tireless community sion created by the dowry system and has re- cately intertwined. He encouraged his co- service, perfectly embodies the spirit of this peatedly lent his services to families unable to workers to never shy away from the big prob- award. meet the expenses of a wedding. Since moving to Scarsdale 28 years ago, Baba Ji has also made essential and indis- lems facing the future of humanity and the Bernard Cederbaum has chaired or served on pensable strides towards assisting Indian natural world. no fewer the 10 of Scarsdale’s boards, coun- women in their quest for economic independ- In his leisure time, Dr. Kendall was an avid cils, and committees. He is one of a very ence. He and his family have long been pro- outsdoorman, with a love of scuba diving and small group of residents to have served on moters of equal education rights for boys and mountain climbing. His adventures took him to both the board of education (1979–85) and the girls. In 1910, Baba Ji’s father and grandfather the Andes and the Himalayas, where he took village board of trustees (1993–98). A natural donated the necessary land and money to pleasure in the beauty of our world. found an institution designed to address the leader and commonsense decisionmaker, Mr. Mr. Speaker, Dr. Kendall was an exemplary educational needs of India’s young women Cederbaum has presided over the Town Club, man in both his work as a scientist and as a and girls. This institution has become one of Scarsdale Foundation, Environmental Advisory public advocate. It is a rare man who can Council, and Greenacres Association. Those the finest women’s educational institutions in excel at such widely differing fields, and work who have served with Mr. Cederbaum admire Asia. to bring them closer together. Years from now his intelligence, sense of fairness, reasonable From assisting earthquake and flood victims Dr. Kendall may simply be remembered as a approach to problems solving, and his quick to his ground breaking medical work to his ef- Nobel Prize Winner. But to pay tribute to this sense of humor. forts towards equality in India, His Holiness one facet of his life would be to deny the com- Mr. Cederbaum’s commitment to a success- Baba Ji has worked tirelessly on behalf of In- ful professional career has always been bal- dia’s disadvantaged. For his tremendous work pleteness of the man, and all that he at- anced with an unyielding dedication to volun- in these areas; for his insight and leadership; tempted to do to help the people of this na- tarism. Remarkably, Mr. Cederbaum dedicated and for his continued dedication to the under- tion. countless hours to the town of Scarsdale while privileged, I would like to thank and congratu- I hope that my colleagues in the House will he worked as a partner at the law firm of late His Holiness Baba Ji. join me in extending this tribute to Dr. Kendall.

VerDate jul 14 2003 14:27 Jan 13, 2005 Jkt 069102 PO 00000 Frm 00002 Fmt 0689 Sfmt 9920 E:\BR99\E18MY9.000 E18MY9 10002 EXTENSIONS OF REMARKS May 18, 1999 EXPOSING RACISM If in fact, ‘‘those who cannot remember the awareness to help preserve the mill and en- past are condemned to repeat it,’’ then Mr. hance its prospects for the future. HON. BENNIE G. THOMPSON Speaker, I pray that my efforts to document I want to commend Connie and Randy as OF MISSISSIPPI racism in America and to remind our nation of well as Jim Simpson, Dave Weese, Bob Teel, IN THE HOUSE OF REPRESENTATIVES the significance of the Brown versus the Board Ben Booth and all the other volunteers in- Tuesday, May 18, 1999 of Education, wake us from our collective volved in this worthwhile effort. I also want to slumber to experience the beauty of our thank the Illinois Country Living magazine for Mr. THOMPSON of Mississippi Mr. Speaker, shared destiny. featuring Prairie Mills and the Society’s efforts since the beginning of March, I have intro- f in its January 1999 edition. duced articles into the CONGRESSIONAL The efforts they are making will last for gen- RECORD to document the continued effects A TRIBUTE TO MR. NAT GLASS, erations to come. racism and discrimination are having on our HOLOCAUST SURVIVOR AND f nation. Although the killings of James Byrd in COMMUNITY VOLUNTEER Jasper, TX, and Isaiah Shoels in Littleton, CO THE VIEW FROM ROMANIA have painfully thrust the acts of overt, violent HON. CARRIE P. MEEK racists into the national spotlight, the articles I OF FLORIDA HON. DOUG BEREUTER ECORD have entered into the R will show, if OF NEBRASKA they do not already, that we can not sit by si- IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES lently while this cancer grows unchecked. Tuesday, May 18, 1999 Tuesday, May 18, 1999 The origins of our great nation were nascent Mrs. Meek of Florida. Mr. Speaker, I rise with promises of freedom, justice, and equality today to pay tribute to Mr. Nat Glass, a sur- Mr. BEREUTER. Mr. Speaker, this Member under the law. However, for more than 200 vivor of the Holocaust in Poland and, today, a commends to his colleagues an excellent arti- years, the enslavement of Africans and then volunteer lecturer at the Holocaust Memorial in cle which appeared in the Los Angeles Times Jim Crow laws obfuscated our task—our obli- Miami Beach, Florida. Mr. Glass was a stu- on May 10, 1999, calling for NATO to halt the gation—to make America ‘‘one nation under dent in Poland when the Nazis invaded his bombing of Yugoslavia and to declare a God.’’ We were blinded to the veracity of in- country in the pre-dawn of September 1, 1939, cease-fire, lest NATO become its own nem- spirational phrases like, ‘‘with freedom and the event which ushered in World War II. esis. justice for all,’’ ‘‘all men are created equal,’’ In his lectures today at the Holocaust Me- [From the Los Angeles Times, May 10, 1999] and ‘‘Epluribus Unim’’—from the many one. However, during the civil rights movement, morial, Mr. Glass relates how the Nazis cre- THE VIEW FROM ROMANIA many brave Americans of all races stepped ated Jewish ghettos, in which the Jewish peo- BOMBING BY NATO, AN ALLIANCE IN WHICH WE forward to denounce the laws and systemic ple were forced into labor for their invaders. In HAVE SO MUCH FAITH, ENSURES WRONG RE- bigotry that perpetuated an American version September, 1944, Mr. Glass and his family SULTS WHILE ABANDONING FUNDAMENTAL PRECEPTS of apartheid. They walked, marched, and ‘‘sat- were packed into cattle cars and shipped to in’’ in an attempt to reclaim the legacy prom- Auschwitz. There, he saw his mother and two (By Adrian Nastase) ised to all of us by our founding fathers. One sisters for the last time. Mr. Glass later Romanians have a message for NATO—one such person was Linda Brown. In 1951, this learned that they died of starvation at the that is decidedly pro-NATO, but also may be Stutthof concentration camp. unpleasant. It is a message of ‘‘tough love.’’ little girl was in the third grade. Although there Halt the bombing of Yugoslavia and de- was an elementary school seven blocks from Mr. Glass was sold as a slave and sent to Germany, where he worked in a factory. In clare a cease-fire. Negotiations must be re- her house, young Linda was forced to walk launched without any prior conditions on ei- over a mile to another elementary school. The early May 1945, the laborers were told to dig ther side, taking into account the tragic evo- reason to make a little girl walk through a rail- their own graves. As they were about to be lution of events that has already occurred on road switch yard on her way to school? She executed, the American Army liberated the the ground. was black and the school located seven factory. As an applicant for NATO membership and blocks from her house was for white students Today, Mr. Nat Glass sees it as his mission member of the Partnership for Peace, Roma- nia has opened its air space to alliance air- only. to volunteer and to share his story of tragedy, because he has seen what hate can do. craft. We are fully supportive of an embargo Many years ago, George Santayana wrote, that pressures Belgrade to cease its actions ‘‘Those who cannot remember the past are Mr. Speaker, it is a privilege to pay tribute in Kosovo. We are adamant that Kosovar Al- condemned to repeat it.’’ Because I revere the to Mr. Nat Glass, a man who has overcome banians should be allowed to return to their warning contained in these prescient words, evil with good. homes with their rights guaranteed. War today I am introducing a resolution to recog- f crimes should be investigated and pros- nize the 45th anniversary of the Supreme ecuted. Court’s decision in Brown versus Board of A TRIBUTE TO CONNIE But, most Romanians now think that the Education. In 1954, the U.S. Supreme Court, LOUDERBACK AND MEMBERS OF use of force, including the long-term continuation of airstrikes or any forcible ground in a unanimous decision, boldly struck down THE GOLDEN, ILLINOIS HISTOR- ICAL SOCIETY intervention, will lose everything NATO segregation laws in public schools and upheld seeks. the equal protection laws guaranteed to all Kosovo will be destroyed; Slobodan Americans by the 14th amendment to the U.S. HON. JOHN SHIMKUS Milosevic will remain in power as a wartime Constitution. OF ILLINOIS leader reinforced by a siege mentality; Mac- However, in the aftermath of that historic IN THE HOUSE OF REPRESENTATIVES edonia and Albania will be destabilized by decision, many of the freedoms won by the refugees and foreign military presence, and Tuesday, May 18, 1999 Brown decision have been rolled back or are anti-Americanism will rise to fever propor- currently under assault. White flight and a con- Mr. SHIMKUS. Mr. Speaker, I would like to tions in Greece, Italy and elsewhere. take this opportunity to congratulate Connie We want NATO to win politically and mor- spicuous attack on our public schools have fa- ally. We want peace to be ensured by a great cilitated the de facto resegregation of our pub- Loudermilk and the Golden, Illinois Historical alliance and its strongest members. We want lic schools. All of the lessons we should have Society for their efforts to preserve Prairie dictators to be removed by popular action, learned from this important event in our Mills in Golden. and minority rights preserved by diplomacy, shared American history, seem to be once Prairie Mills was built by Henry R. Emminga incentives and law. again eluding us. in 1872. It operated for 60 years and served Romanians dream about becoming part of I respectfully submit this legislation to re- as a key component of Golden and the sur- NATO. Our dream has been to enter an alli- mind us all that we have a moral obligation to rounding area. Today, it serves perhaps an ance that occupies a moral high ground, not one that, by mistake, kills refugees and ci- purge the divisive evil of racism out of the fab- even more important role as a reminder of the vilians. We believe that the alliance’s prin- ric of harmony, justice, and equality that is our way things used to be. ciples have mattered. For years during the shared American legacy. We have a responsi- Connie Loudermilk, Randy Kurfman and communist period, Romania rejected inter- bility to not only remember the past, but to other members of the Golden Historical Soci- vention in sovereign states and distanced learn from it. ety are working very hard to raise funds and itself from the Soviet-dominated Warsaw

VerDate jul 14 2003 14:27 Jan 13, 2005 Jkt 069102 PO 00000 Frm 00003 Fmt 0689 Sfmt 0634 E:\BR99\E18MY9.000 E18MY9 May 18, 1999 EXTENSIONS OF REMARKS 10003 Pact. Now, an alliance in which we have put CENTRAL NEW JERSEY CELE- policy in California. It says a lot about John so much faith has erred by acting in a man- BRATES THE SESQUICENTEN- that his popularity has actually increased as ner that ensures all the wrong consequences NIAL OF OCEAN TOWNSHIP he has served in this particular post. In 1998, while abandoning fundamental precepts. John ran for election to a four-year term on It seems as if NATO now believes that, the Board. He won handily in a difficult pri- after destroying Serbian infrastructure, and HON. RUSH D. HOLT waiting until all Albanians are expelled from OF NEW JERSEY mary, and then followed that with a smashing Kosovo, it can recreate order and peace from IN THE HOUSE OF REPRESENTATIVES victory in the general election. John is now nothing. Winning militarily from 5,000 me- widely regarded as someone with a very bright ters is being confused tragically with polit- Tuesday, May 18, 1999 future in politics. ical success. Mr. HOLT. Mr. Speaker, I rise to direct the John is a dedicated public servant, who has Romanians have learned important lessons attention of my colleagues to the celebration become involved with many distinguished or- from our own contributions to peacekeeping of Ocean Township’s sesquicentennial and the ganizations and causes. He is a Board Mem- missions in Angola, Albania and Bosnia. re-enactment of the historic first town meeting. ber of Los Angeles Nonprofit Planning Coun- Among these are that preventing conflict is Created by enabling legislation on February cil, an Advisory Council Member of Big Sisters far easier than stopping it and that recre- 21, 1849, Ocean Township is a community lo- of Los Angeles, and a volunteer attorney for ating a status quo is a Gordian knot. We fear, however, that these lessons are being cated in central New Jersey between the the Los Angeles County Bar Association Hos- ignored. NATO’s potential to keep the peace mouth of the Shrewsbury South River and the pice AIDS Project. John’s many awards for and to prevent ethnic cleansing before re- river to Eatontown Landing Creek. The precise community service include the Asian Pacific sorting to war, was belated and half-hearted. boundaries, however, were originally de- American Labor Alliance Community Service We hope for more, and have watched with in- scribed in relation to farms and properties that Award and the State Bar of California Board of creasing anxiety as air power is unleashed; no longer exist. Governors Pro Bono Service Award. destroying without solving anything. In honor of Ocean Township’s founding and In the past few months, I have been tremen- Regional capacities to reduce the potential its first town meeting on March 13, 1849, the dously impressed by the strength of John, his for or intensity of conflict have been ig- Council sponsored festivities reminiscent of brothers Robert and Roger, and his mother, nored. Romania’s participation in two costly Judy, in coping with the loss of their beloved U.N. embargoes against Iraq and Yugoslavia, that day a century and a half ago. The mayor plus peacekeeping missions in Angola, Soma- and council members dressed up in period sister and daughter, Joyce. Joyce served as lia, Albania and Bosnia exhibit Romania’s costumes while elementary and intermediate an intern in my San Fernando Valley office, awareness of its role and willingness to sac- students sang songs and recited accounts of and was a member of my Washington staff rifice for principles in which it believes. life in the mid-nineteenth century. from 1992–95. I know how much John and the Those qualities, however, elicited little in- Mr. Speaker, Ocean Township is just one of rest of the Chiang family miss Joyce, who was terest in Brussels or Washington, where re- the historical treasures in central New Jersey a very special young woman. sorting to force seemed preordained. that continues to thrive to this day. I know that I ask my colleagues to join me in saluting NATO appears to have changed into an or- the people of the community, by observing John Chiang, whose selflessness and com- ganization prone to use bombs in lieu of dip- and respecting their history, will be well- passion inspire us all. I am proud to be his lomats. And, instead of using expansion to equipped to face the challenges of a brand friend. address security needs in Europe’s most inse- new century. cure regions—the Balkans and the Baltics, f I hope that my colleagues will join me and for example—NATO told such countries to TRIBUTE TO SAM DAVIS wait for security guarantees until war was at other central New Jerseyans in extending our our doorstep. congratulations to the people of Ocean Town- We think that many opportunities for me- ship and wishing them another successful one HON. SANDER M. LEVIN diating roles have been lot. As the only hundred fifty years. OF MICHIGAN country bordering on the former Yugoslavia f IN THE HOUSE OF REPRESENTATIVES without antagonistic relations with Bel- grade, Romanian NATO membership could TRIBUTE TO JOHN CHIANG Tuesday, May 18, 1999 have increased the probability of successful Mr. LEVIN. Mr. Speaker, on May 20, 1999, negotiations with the Serbs. HON. HOWARD L. BERMAN a Tribute Dinner will honor Sam Davis for his The denouement of Europe’s most recent OF CALIFORNIA nearly 40 years as Executive Director of the Balkan was has yet to be scripted. From the IN THE HOUSE OF REPRESENTATIVES Michigan Association for Children with Emo- neighborhood, however, we can foresee a tional Disorders. very discomfiting future: a broken but unre- Tuesday, May 18, 1999 As the main force for the founding and con- pentant Serbian nationalism, a heavily armed Albanian nation seeking retribution, Mr. BERMAN. Mr. Speaker, I rise to pay tinuing efforts of the Association, Sam Davis an embittered Russia harboring imperial tribute to John Chiang, a dear friend who this became an indispensable advocate in Michi- memories now convinced of NATO’s antip- year is the recipient of the Legislator of the gan for mental health and for special edu- athy, and ample instability. Year Award from the San Fernando Valley cation programs for children with emotional To say we don’t look forward to such a Democratic Party. While I am naturally de- problems. From the very beginning, he has 21st-century environment is far too mild. We lighted that John has been selected to receive fostered grass roots activities on behalf of chil- are deeply troubled. We thought we were at this prestigious award, I can’t say I’m sur- dren with special needs. In the early years, it the gates of an alliance that would preserve prised. John is one of the most intelligent, was a difficult struggle as society was still peace in our corner of Europe. And, we never, thoughtful and generous people I have ever wrestling with denial rather than acknowledge- never imagined that negotiations and peacekeeping efforts would be jettisoned to inau- had the pleasure to know. His wide circle of ment and treatment of mental problems, espe- gurate a war of such duration and intensity. friends and admirers can attest to his easy- cially of our children. But, a way out exists. NATO can declare going charm and strong feelings of empathy. With the help of Sam Davis’ leadership and that it has inflicted sufficient punishment, The explanation for John’s success in poli- determination, there followed a period of and is prepared to contribute, but not nec- tics is simple; he works very hard, and he is progress. There was a spurt of action, both in essarily command, a peacekeeping force in true to himself. People who meet John invari- the private and public sectors in Michigan. He part of Kosovo to which Albanian refugees ably want to become part of his team. served on many Boards and Committees, in- are returned and from which Serb army and John’s award from the San Fernando Valley cluding the Detroit-Wayne County Community police units are evacuated. Establishing the Democratic Party is even more impressive Mental Health Services Board Advisory Com- size and location of the two zones, and the when you consider that he was first elected to mittee on Children and Youth; Michigan De- nature of the international force must be negotiated, but such diplomacy, not cruise mis- office only six months ago. In 1997, he was partment of Mental Health Advisory Council on siles, are the path away from disaster. named Acting Member of the California State Mental Illness; and Chairperson of the Chil- Romanians are prepared to fulfill useful Board of Equalization. He replaced Brad Sher- dren’s Advisory Council of the Oakland County roles along such a path. But, we must begin man, who was elected to Congress. Community Mental Health Board. He was also to travel down it soon lest NATO becomes its John immersed himself in the difficult and appointed to the Child Mental Health Study own nemesis. politically unpopular job of administering tax Group of the Michigan Department of Mental

VerDate jul 14 2003 14:27 Jan 13, 2005 Jkt 069102 PO 00000 Frm 00004 Fmt 0689 Sfmt 9920 E:\BR99\E18MY9.000 E18MY9 10004 EXTENSIONS OF REMARKS May 18, 1999 Health, the Child Care Study Committee, and torial calling for an end to the European 1998 SIXTH DISTRICT ESSAY the Special Education Advisory Committee of Union’s irrational and improper beef ban which CONTEST WINNERS the Michigan Department of Education. appeared in the Omaha World-Herald, on May In recent years the provision of mental 12, 1999. HON. HENRY J. HYDE health services for our society has come [From the Omaha World-Herald, May 12, OF ILLINOIS under increased stress and uncertainty. So 1999] IN THE HOUSE OF REPRESENTATIVES Michigan will miss even more intensely the LET THEM EAT BEEF Tuesday, May 18, 1999 strong hand and agile mind of Sam Davis at the helm of the Michigan Association. He A showdown between the United States Mr. HYDE. Mr. Speaker, please permit me and the European Union over beef exports leaves with a long record of accomplishment, to share with my colleagues the tremendous ought to be unnecessary. The United States work of some diligent young men and women and these successes stand as a challenge to has science and the World Trade Organiza- Michigan to strive more fully where it has tion at its side. European controls on U.S. in my district. failed. Sam Davis has devoted his life to the beef exports have little relationship with Each year, my office—in cooperation with children of Michigan and as he leaves for provable concerns. junior and senior high schools in Northern Illi- other pursuits, his career is a challenge to all For more than a decade, the European nois—sponsors an essay writing contest. The who care to continue to do better by our chil- Union has banned the import of beef from contest’s board, chaired by my good friend dren with mental health and special needs. animals that have been fed growth hor- Vivian Turner, a former principal of Blackhawk mones. Such hormones are used in raising Junior High School in Bensenville, Illinois, I am pleased to join with all of those who more than 90 percent of beef cattle in the will join in honoring Sam Davis at the Tribute chooses a topic and judges the entries. Win- United States. Their use is an effective way ners of the contest share in more than $1,000 Dinner on May 20, 1999. to make cattle grow faster and bigger. in scholarship funds. f The Food and Drug Administration has determined the substances safe. The World Today, I have the honor of naming for the A UNIQUE PIECE OF AMERICANA Trade Organization rule in 1997 that the Eu- RECORD the winners of the 1998 contest. IS PRESERVED THANKS TO JUDY ropean ban violated international trading Last year, Peter Meyer led Mary, Seat of DEMOISY AND THE BROOKS CAT- agreements. The WTO said the ban was nei- Wisdom School in Park Ridge, Illinois, to a SUP BOTTLE PRESERVATION ther supported by science nor justified by junior high division sweep by winning with an GROUP any risk assessment. The WTO last year or- essay titled, ‘‘Ban Smoking in Restaurants,’’ a dered the EU to abandon its policy by May text of which I include in the RECORD. Placing HON. JOHN SHIMKUS 13, tomorrow. second last year in the junior high division was A trade war looms unless the EU complies. James Troken, followed in third place by Eva OF ILLINOIS U.S. officials have threatened to retaliate Schiave, both of whom also attended Mary, IN THE HOUSE OF REPRESENTATIVES against European products if the ban, which keeps most American beef out of EU coun- Seat of Wisdom School. Tuesday, May 18, 1999 tries, is not lifted. Officials said they would In the Senior High School Division, the first Mr. SHIMKUS. Mr. Speaker, I would like to impose 100 percent tariffs on more than $900 place award went to Julie Kostuj of Driscoll take this time to alert my colleagues to per- million worth of European products, possibly Catholic High School in Addison for her essay, haps one of the most monumental events to including items such as mineral water, Bel- ‘‘Freedom of the Press,’’ a text of which I in- gian chocolates and Roquefort cheese. That clude in the RECORD. Shahzan Akber of take place this year. could effectively price those products out of On June 13, 1999, my hometown of Collins- Blenbard North High School in Glen Ellyn took the U.S. market. the second place prize, and Nicole Beck of St. ville, Illinois will have a happy 50th birthday Trade policy-makers at the European party for the Brooks Catsup Bottle that sits Union have kept U.S. officials going around Francis High School in Wheaton placed third. 170 feet above the community. The bottle was in circles for a decade. The coalition has BAN SMOKING IN RESTAURANTS originally used as a water tower built by the made superficial changes designed to give (By Peter Meyer) G.S. Suppiger Bottling Company which pro- the appearance of compliance with the WTO Did you know that most of your taste duced the Brooks Old Original Catsup. Built in order. That has staved off trade sanctions in comes from your sense of smell? If you are in the past. But a free market in U.S. beef has a restaurant where people are smoking, how 1949, the bottle holds up to 100,000 gallons of not materialized. water. can you taste your food? Although you can The U.S. cattle industry estimated that request a nonsmoking section for your seat- After the bottling plant shut down, the bottle growers have lost export sales of about $500 ing, the harmful smoke from the smoking itself fell into disrepair. In 1993 a group of million annually since 1989, when America section is still present in the air you are local preservationists began to raise funds began exporting only hormone-free beef to breathing. That air can cause cancer. A law with the purpose of refurbishing and pre- Europe. banning smoking in all restaurants in Illi- serving the bottle for its 50th anniversary as American cattle producers have suggested nois will make your meal more pleasant well as for future generations. More than that the real problem is protectionism. Euro- while keeping you healthy. 6,000 tee-shirts were sold to help raise money pean countries want to insulate their beef Laws are very important. Laws protect us producers from U.S. competition. There is and thousands of volunteer hours were de- from harm, help us when in need, and pre- also the possibility of scientific ignorance— serve our rights and freedoms as United voted to preserving an essential element of observers have noted a general European States citizens. When citizens feel the need my community’s heritage. hysteria over mad cow disease and geneti- for additional protection, laws are passed. Now there are hopes that we can get the cally engineered foods such as Monsanto soy- Currently there is no law protecting people bottle placed on the National Register of His- beans. Too often, fear has been allowed to completely from secondhand smoke in res- toric Places and that effort has my whole- trump science. taurants, yet, secondhand smoke is the third hearted support. American farmers and ranchers are espe- leading cause of preventable death in this I commend the Catsup Bottle Preservation cially efficient. They have invested in re- country, killing 53,000 nonsmokers in the search and technology to keep themselves U.S. each year. Group and Judy DeMoisy who manages competitive. If the beef trade barrier is al- We need a law banning smoking com- Downtown Collinsville for their work in pre- lowed to stand, despite science and the WTO, pletely in all restaurants in Illinois. The cur- serving a unique piece of Americana. this nation’s ability to sell its agricultural rent Illinois law bans smoking in public f products overseas will become more vulner- places except in designated smoking areas. It able to illegal trade barriers, and its export says a smoking area should be designed to LET THEM EAT BEEF position could be severely damaged. minimize the intrusion of smoke into areas The European Union’s beef ban is irra- where smoking is not permitted. Non- tional and improper. It risks a trade war smoking sections do not eliminate non- HON. DOUG BEREUTER that would harm people on both sides of the smokers’ exposure to secondhand smoke, the OF NEBRASKA Atlantic. European consumers should have smoke does not remain in the smoking sec- IN THE HOUSE OF REPRESENTATIVES the chance to decide for themselves the tion. Secondhand smoke has been proven to Tuesday, May 18, 1999 worth and safety of the beef grown by Amer- be a serious health risk. Even the Illinois ica’s farmers and ranchers. They will never General Assembly finds that tobacco smoke Mr. BEREUTER. Mr. Speaker, this Member get that chance unless their leaders bow to is annoying, harmful, and dangerous to commends to his colleagues an excellent edi- the WTO and lift the beef ban. human beings and a hazard to public health.

VerDate jul 14 2003 14:27 Jan 13, 2005 Jkt 069102 PO 00000 Frm 00005 Fmt 0689 Sfmt 0634 E:\BR99\E18MY9.000 E18MY9 May 18, 1999 EXTENSIONS OF REMARKS 10005 Secondhand smoke is a mixture of the own home, around close family and friends, CRISIS IN KOSOVO (ITEM NO. 4) smoke given off by a cigarette, pipe, or cigar, it is acceptable to state whatever one wants. REMARKS BY TONY ELGINDY DI- and the smoke exhaled from the lungs of However, there is a difference between shar- RECTOR OF RESEARCH & TRAD- smokers. The Environmental Protection ing your views with a group of friends and ING, PACIFIC EQUITY INVES- Agency has classified secondhand smoke a printing your opinions in a newspaper or Group A Carcinogen—a substance known to broadcasting them on national television. TIGATIONS cause cancer in humans. There is no safe Publicists should use prudence and common level of exposure for Group A toxins. Nico- sense when determining what is acceptable HON. DENNIS J. KUCINICH tine is not the only toxin nonsmokers are ex- to be read or hear by millions. The media OF OHIO posed to in secondhand smoke. Smoke from often does not realize its great power and the the burning end of a cigarette contains over trust that Americans have in the media. It is IN THE HOUSE OF REPRESENTATIVES 4,000 chemicals and forty carcinogens includ- detrimental to use this power without dis- Tuesday, May 18, 1999 ing: formaldehyde, cyanide, arsenic, carbon cretion. Celebrities especially can have an monoxide, methane, and benzene. injured reputation and be discriminated Mr. KUCINICH. Mr. Speaker, on April 29, Smoke-filled rooms can have up to six against by something the media declared 1999, I joined with Representative CYNTHIA A. times the air pollution as a busy highway. about them. MCKINNEY and Representative MICHAEL E. Second-hand smoke does not quickly clear It is very difficult for the government to CAPUANO to host the second in a series of from a room. It takes about two weeks for prevent abuses by the press without vio- Congressional Teach-In sessions on the Crisis nicotine to clear from the air in a room lating a constitutional right. The govern- in Kosovo. If a peaceful resolution to this con- where smoking has occurred. In addition to ment has passed laws outlawing libel, but flict is to be found in the coming weeks, it is being a carcinogen, second-had smoke causes libel is very hard to prove in court. The press essential that we cultivate a consciousness of irritation of the eye, nose, and throat. Pas- can find a loophole in just about everything peace and actively search for creative solu- sive smoking can also irritate the lungs lead- that they print. The First Amendment basi- ing to coughing, excess phlegm, chest dis- cally gives the media the right to say any- tions. We must construct a foundation for comfort, and reduced lung function espe- thing and assemble whenever it wants. peace through negotiation, mediation, and di- cially in children. Secondhand smoke may The press morally has an obligation to plomacy. effect the cardiovascular system, and some print the truth, but the media more often Part of the dynamic of peace is a willing- studies have linked exposure to secondhand than not cares more about sales than ethics. ness to engage in meaningful dialogue, to lis- smoke with the onset of chest pain. As long as the American population con- ten to one another openly and to share our When smoking is banned in restaurants, tinues to read these stories in the newspaper views in a constructive manner. I hope that customers will not be exposed to secondhand or listen to them on the news, the problem these Teach-In sessions will contribute to this smoke. They will be able to eat without suf- will not stop. The general public has the lib- fering from the irritation of smoke, increas- process by providing a forum for Members of erty to buy what it wants. People should not Congress and the public to explore alter- ing their ability to enjoy their meal. Devel- purchase newspapers and magazines in which oping children will have healthier lungs. there are articles in poor taste. The media natives to the bombing and options for a Restaurants will no longer have to pay to op- tailors to the public. The population should peaceful resolution. We will hear from a vari- erate expensive ventilation systems and will not be controlled by the media. The people of ety of speakers on different sides of the be able to seat more people by not having to this nation have a right to call for higher Kosovo situation. I will be introducing into the maintain separate sections. People who find standards of workmanship. CONGRESSIONAL RECORD transcripts of their re- smoke offensive will not be doomed to eat in the fast-food restaurants that have banned Individuals have a right to privacy that marks and essays that shed light on the many smoking. Smoke-free restaurants may dis- the media should not invade. According to dimensions of the crisis. courage people from starting or continuing the Fifth Amendment to the Constitution, This presentation is by Tony Elgindy, Direc- to smoke. every citizen has the ‘‘right to life, liberty, tor of Research & Trading for Pacific Equity Smoking is already banned in most public and property.’’ People’s individual rights are Investigations. Mr. Elgindy is not a profes- often violated by the media. Journalists are buildings. Current laws allowing a smoking sional aid worker. He is a dedicated and com- section in restaurants do not prevent expo- many times guilty of harassment. They cannot take ‘‘no’’ for an answer. Some of the mitted individual who has adopted a personal sure to secondhand smoke. People are invol- role in helping his fellow human beings who untarily exposed to smoke which is a car- most tenacious journalists will go to great cinogen and a health hazard. Banning smok- lengths to get a story. Reporters will tres- have been brutalized by this ongoing tragedy. ing in restaurants will continue the effort to pass on private property and harass people Mr. Elgindy shares his observations and expe- improve public health and reduce health until they get what they want. riences with us, speaking in graphic and mov- costs. Food in restaurants will taste better I do not believe that celebrities are less ening detail. He was instrumental in bringing 30 and eating will be more enjoyable. titled to privacy than the general public. refugees out of the Kosovo area to the United Every American is equal in the eyes of the States, the first group of refugees to arrive in law. Celebrities do not have any less rights FREEDOM OF THE PRESS than the common resident. However, celeb- our country. Among these displaced families (By Julie Kostrj) rities do usually tolerate the media better were Skefkije Ferataj and her 2 year old Although, according to the United States than the commoner because celebrities have daughter, Besarta. Both of them appeared at Constitution, everyone in America has the an image to worry about. Celebrities know this second Congressional Teach-In. Following right of free speech, I believe that in some that if they are rude to the press, the media his presentation in a May 1, 1999, article from ways the press abuses its right to free could easily destroy them. the Chicago Tribune that describes what the speech. The writers of the Constitution in- Although the press is given freedom of Ferataj family encountered when they reached tended everyone to have a right to voice speech in the Constitution, I believe that the Chicago. These documents give a very real, their opinions without being prosecuted by rights of the individual precede the rights of human face to the Crisis in Kosovo. the law. Today, however, the press does more the press. When personal rights are being than just profess their views. Publicists violated by the media, then the government PRESENTATION BY TONY ELGINDY TO often tell lies and proclaim them as facts. As has to intervene. The American population CONGRESSIONAL TEACH-INONKOSOVO a strong influence in the lives of every Amer- should demand that more laws be passed to I’d like to first apologize, having just got- ican, the media can easily sway public senti- protect them from the injustices of the ten here in the States from Macedonia. I ment and ruin the reputation of celebrities. media. The press can be regulated by the don’t have prior prepared remarks. I would The media has a right to report facts. It is government without violating a Constitu- like to thank everyone for having this oppor- also acceptable to broadcast opinions as long tional right. Just as written in the Second tunity to share what I’ve seen, and to assist as it is made clear that what is printed or Amendment to the Constitution, every indi- me in trying to define some sort of forward said is one’s own views and not a proven fact. vidual has a right to bear arms. However, for momentum here. The press has the right to address social the protection of the majority of people, the Upon my arrival in Skopje, Macedonia grievances, but publicists must be informed government has limited the kinds of arms which is approximately 23 km. south of the on the issues. It would cause much confusion that civilians can own, and it is illegal to border, I saw my first camps. We went to the in the public if a distinction was not made carry a concealed weapon. With limits, border, saw Serb activity on the border, and between truths and personal views. The pop- United States citizens are still allowed to talked to refugees. ulation would never know what to believe, bear arms. There is no reason why the gov- It’s difficult to know from my standpoint and there would be chaos. The media has ernment cannot regulate the freedom of exactly where to start. I don’t know if it’s crossed the line when it uses misleading speech of the press without taking their Con- with the random torture, the beatings, the propaganda or defames a celebrity. In one’s stitutional liberties away. sadistic mutilation of women, their unsafe

VerDate jul 14 2003 14:27 Jan 13, 2005 Jkt 069102 PO 00000 Frm 00006 Fmt 0689 Sfmt 0634 E:\BR99\E18MY9.000 E18MY9 10006 EXTENSIONS OF REMARKS May 18, 1999 enslavement, the taking of eyes of women Hill, which is something that I have little Besarta hugged a stuffed koala and stared at and children, the cutting off of ears, the control over. However, I don’t know that we the foreign surroundings. Shefkije, wiping burning alive of males, castration of young can idly sit by and let a madman run around tears of joy and disbelief from her eyes, boys, I just don’t know where to start. doing the things that I saw. Out of the 24 ref- hugged family and friends and held her What’s happening in Kosovo is a tragedy be- ugees that will be coming to the States in daughter tightly. In Shefkije’s purse were yond anything you could ever watch on TV. the next several days, there are 20 children precious six-month visas allowing them into There is no way for any of us to sit here who are all children of three brothers. These the U.S., marked No. 1 and No. 2 today and understand what they are feeling, three brothers are all gone, and presumed ei- Their arrival came before next week’s ex- what they are seeing, or what they’ve en- ther dead or missing in Kosovo. All three pected wave of about 20,000 refugees spon- dured. You cannot smell it here, you cannot mothers are missing and presumed dead in sored by relief organizations, and is due al- here it here. The Serbs are systematically Kosovo. The adults accompanying the chil- most entirely to the fierce, relentless drive burning evidence, destroying all traces of the dren are the sister of the brothers who is in of Chicago beauty salon owner Ana Ferataj atrocities, pulverizing ashes. There were her late 60s, and the grandmother who was Mehmetaj, Shefkije’s older sister. flashes in the sky at night when we were try- born in 1908, who is currently sleeping on a Mehmetaj left for the Balkans on her own ing to sleep from the NATO bombing. All of wooden pallet in the camps. So, for her to two weeks ago, in a desperate search for her the relief workers that I met would be there have lived through World War I and World three sisters. Her childhood home in Istog during the day and leave there in the War II, Vietnam, Korea, and to be now facing had already been burned to the ground. She evening, leaving the camps to the Macedo- the final years in a camp, are beyond any- had no idea how to find all of them, let alone nian police. The crying and the grief intensi- thing I’ve ever seen or expected to encoun- transport them back. But she planned to fied at night. And I don’t know how anyone ter. stay until she did. could tolerate it. While we were there we did meet up with ‘‘From the first day on, I knew I had to do This is a Holocaust, undoubtedly. Holo- several refugees—medical students, doctors, something for my family because I know caust Number Two. I’m not a politician; I’m lawyers. It’s interesting when you meet a what Slobodan Milosevic is capable of,’’ said a trader. I work on Wall Street, been doing lawyer who talks about his practice and he’s Mehmetaj, who came to the U.S. alone more it for 11 years. I deal with numbers. I’ve been wearing a suit and tie and he lives in a tent than 25 years ago, when she was just 17. fortunate enough to be able to help various and he’s in bare feet. He’s walking around in ‘‘When I was watching everything on tele- relief organizations in the United States the mud without shoes because the Serb po- vision, I felt if I didn’t do something for my with money donations, connections, support, lice took his shoes. These people, aside from family I would never forgive myself. Now I one of which is the Mother Teresa Founda- living in denial and shock, need help ever so feel worse. I saw kids without eyes. I saw tion in Skopje. So I can’t sit here and tell desperately. people taking clothes off the dead and cov- you what the results will be and what it will If everyone is captured today by the top ering children. I say . . . I saw things you be like if we didn’t bomb, or we stopped mili- story, which is the Columbine High School should never see. I couldn’t sleep at night, tary action or we sent in ground troops or we tragedy, imagine that happening five times a couldn’t eat. I felt so guilty. It’s so different never sent in ground troops. All I can testify day, every day, for five years. That’s what’s from watching a war in the living room.’’ is what I saw in my two weeks at the border happening in Kosovo. It’s that multiplied Remarkably, she found Shefkije and of Kosovo. 10,000 times. And for some reason we as Besarta at a friend’s home in Macedonia. Right now in America our markets are at Americans have placed a value on an Amer- Days earlier, the two had been plucked out an all-time high. We are swimming in ican life higher than that of any other. It of Radusha, a refugee camp, thanks to money. The Internet, Dow Jones, and could be because Americans are more photo- money Mehmetaj supplied to pay off the NASDAQ markets capture our focus, our genic, better groomed, live in nicer homes. guards. imagination. And—I say this without trying Whatever it is, it’s not right. These people Their journey to the camp had been an or- to offend anyone—our greed has blinded us are as valuable as we are. And to discount deal in itself. They traveled at night to avoid to what’s happening elsewhere. And it be- them, or to shrug them off—as I read in the Serbian patrols. Eventually, they made it to came apparent to me that somewhere down Wall Street Journal yesterday, that markets Macedonia. ‘‘Every time I talked to her on the line their lives don’t meet our standards are up and doing well and apparently have the phone I thought it was the last,’’ for valuable commodities to protect. We are shrugged off the Kosovo crisis—enrages me. Mehmetaj said. ‘‘As soon as I arrived, we just remote control-happy. We click through our While we were there I met a medical stu- hugged and both started crying. She knew channels one after another, and we all say dent, a female, 23 years old, who was in the she was safe.’’ yes, that’s terrible and we go on to the next camp right next door to another camp. She Initially, Mehmetaj said, the U.S. Embassy channel and we find a sitcom that we can sit knew where her family was: in the other in Macedonia would not issue visas for the down and watch for the rest of the evening. camp. Yet she was forced to stay in that two because the official refugee program was These people don’t have that luxury. The camp for 16 days. I gave her my video cam- not yet in place. But a friend, California cannot turn it off. They cannot switch chan- era, my jacket, my backpack, and we smug- commodities trader Tony Elgindy, worked nels. gled her out of the camp. All we did was the Internet—contacting friends and politi- Of the 30 refugees [he is helping to evac- drive a few short miles to the next camp to cians, including Sen. Spencer Abraham (R- uate to the U.S.], six of them are family reunite her with her family which she hadn’t Mich.), asking for help. About a week later, members—two close family members and seen in over two months. But she’d been in Mehmetaj received a call from the U.S. Em- four distant family members—of another this camp for 16 days after finding out where bassy. She said Pat Walsh, the head of con- U.S. citizen who accompanied me on the trip her family was. The Macedonian police are sular services at the embassy, told her she to find her family. The other 24 have no con- in my opinion not helping the situation. could take her sister and her niece back to nections here in the U.S. It’s a very difficult They are pro-Serb for the most part. And the the U.S. immediately, and several other ordeal to obtain their visas, since the U.S. U.S. needs to take as big a role in the hu- Kosovar Albanians at a later date. Embassy when we arrived wasn’t allowing manitarian side of things as they have in the Mehmetaj is also sponsoring a family of any refugees to come. And I used whatever military. four, paying for their transportation to the resources I had in the financial markets to U.S., their housing and food. contact the people—whatever little bit of in- [From the Chicago Tribune, May 1, 1999] ‘‘It’s still a dream,’’ said Shefkije. ‘‘I feel fluence I had—to have them appeal to the TWO WHO FLED KOSOVO LAND IN CHICAGO happy, but I also feel so bad when I think of Embassy. Well, we ended up using up all the (By Julie Deardorff) my people in Kosovo. They need clothes; fax paper and jammed the phone lines and we She is only 2 years old, but Kosovo’s they need help. I am OK. But my people are prevailed in getting the very first 30 refu- Besarta Ferataj has already seen more suf- not.’’ gees’ visas approved. And a few of them are fering than most will experience in a life- During the grueling, emotional two-week with us today. time. She has watched death and dismember- journey, Mehmetaj managed to locate a sec- I don’t know if America could have learned ment. She has been hungry and has gone ond sister, Sofije, who had trudged through anything in Bosnia why it wasn’t applied without sleep. And she automatically says mountains, eaten snow and was living with here. We knew what the man was capable of ‘‘bomb’’ when she hears the word NATO or a her family in an abandoned cigarette factory doing; we knew how brutal he was; we didn’t loud noise. in Skorg, Albania. The factory was crammed take into account the retribution he would But Bersarta could be considered one of with refugees, and Sofije was located by a show the people of Kosovo. I don’t know if the lucky ones from Kosovo. On Friday, she friend who spent hours roaming through the we should have evacuated the country or and her mother, Shefkije, quietly arrived at nine stories of the building, calling out her been better prepared before we took aggres- Chicago’s Midway Airport, two of the first name. sive steps. refugees allowed into the United States from ‘‘I was so frightened for the first time in For us to allow him to stay in power, for us the Balkans. my life,’’ said Mehmetaj, who made the dan- to idly sit by and let him continue, is also Stepping off an AirTran flight from Wash- gerous eight-hour trip to Albania alone and another matter for debate up here on Capitol ington, D.C., in her new Teletubby shoes, in the dead of night, against the wishes of

VerDate jul 14 2003 14:27 Jan 13, 2005 Jkt 069102 PO 00000 Frm 00007 Fmt 0689 Sfmt 0634 E:\BR99\E18MY9.000 E18MY9 May 18, 1999 EXTENSIONS OF REMARKS 10007 her husband. ‘‘When I found Sofije, I tried to tain City, Wisconsin. Chief Lieberman was the 29-year-old’s career. Nune has performed separate her family and take them away, but honored recently by the National Law Enforce- for Armenian troops near the Azeri border, there were only about 30 people left (alive) ment Officers Memorial Fund as the National from her village and they didn’t want to be and in Yerevan, Lebanon, Syria and Cyprus. apart. So I promised to help them too.’’ Police Officer of the Month. Chief Lieberman Nune’s near-instant stardom led her to Cali- Though she was unable to bring Sofije, her is the first and only small-town law officer ever fornia where she performed for mobs of fans. husband and their five children back to the to receive this honor. She also appeared at an A.Y.F. picnic, at United States this time, Mehmetaj rented Chief Lieberman was chosen for this honor schools, and in record stores. Nune has pro- two apartments for the family and other because of his dedication to children, his phe- duced two CDS and several innovative music Kosovars from the village of Skorg. She also nomenal 99 percent conviction rate and his videos. She was the only vocalist invited to bought them food and clothing. close ties to his community. At Fountain City, participate in a 20-hour live broadcast com- A third sister and her family are still miss- Chief Lieberman established the Police ing. But Ferataj said the minute she finds Awareness and Learning Safety (PALS) pro- memorating the tenth anniversary of the De- out where they are, she will be on the next gram. The PALS program gives children at the cember 7, 1988 Armenian earthquake. Adding plane to Greece. to this impressive re´sume´ Nune’s two Anoush ‘‘We were all scared for her safety—it was Cochrane-Fountain City elementary school the highly risky, but she has her own mind, opportunity to know and interact with a police Awards granted to her at the Armenian Music thank God,’’ said Alenna Hiles, one of officer. PALS is designed to provide children Awards in October, one for ‘‘most popular Mehmetaj’s closest friends who greeted her with knowledge, skills and attitudes regarding album’’ and the other for ‘‘best female vocal- at Midway Airport. ‘‘It’s a miracle she made their personal safety, placing emphasis on de- ist.’’ this happen. She not only found them but cision-making and the choices they make in Mr. Speaker, I rise today to recognize Ms. got them back here before the refugee pro- their lives. gram was in place.’’ Nune Yesayan for doing her part to rejuvenate Most of the Kosovar refugees will begin ar- Chief Lieberman’s commitment to his com- the ‘‘Armenian soul’’ and bridge generational munity, and especially the children, makes him riving in Chicago, Detroit, Boston and New and cultural gaps, bringing families and a model police officer and truly deserving of York—cities selected because they have sub- strangers together with her music. Nune re- stantial Albanian populations—as early as this recognition. As this nation struggles with Wednesday, according to a State Department problems of violence in our schools and our cently played at a concert in Fresno, in my spokesman. The State Department has en- communities, Chief Lieberman is pro-actively district, at the Armenian Community Center. I couraged people with relatives to assist in working to prevent problems from developing. urge my colleagues to join me in wishing refugee resettlement. We need more police officers like Chief Jeff Nune many years of continued success. The second oldest of nine siblings, Mehmetaj owns the European Touch salon Lieberman. f and day spa in Dearborn Station, her seventh The people of Fountain City are fortunate to salon, and drives a car with the license plate have an outstanding public servant in Chief ‘‘KOSOV A M.’’ Friends and family describe Lieberman. I commend Jeff, his wife Kim and WESLEY CHAPEL AFRICAN METH- her as tough and fearless. daughter Paige, for their love and dedication ODIST EPISCOPAL CHURCH CELE- Most of her family has left Istog, the town to western Wisconsin and I congratulate Jeff BRATES ITS 134th ANNIVERSARY where they were raised. Six months before on this honor. the war, Mehmetaj convinced her mother, Gjyle, to leave Kosovo and move in with a f HON. JOHN SHIMKUS brother in Switzerland. When Istog fell to TRIBUTE TO NUNE YESAYAN the Yugoslav army, more than 15,000 refu- OF ILLINOIS gees fled to Rozaje, Montenegro. IN THE HOUSE OF REPRESENTATIVES ‘‘(My mother) is very determined to get HON. GEORGE RADANOVICH what she wants,’’ said Mehmataj’s 20-year- OF CALIFORNIA Tuesday, May 18, 1999 old daughter, Linda. ‘‘Either way she was IN THE HOUSE OF REPRESENTATIVES going to do it, whether the United States Tuesday, May 18, 1999 Mr. SHIMKUS. Mr. Speaker, I would like to was going to allow it or not.’’ take this time to honor the Wesley Chapel Af- Mehmetaj, Shefkije and Besarta arrived in Mr. RADANOVICH. Mr. Speaker, I rise rican Methodist Episcopal Church of New York on Wednesday and spent Thursday today to recognize Ms. Nune Yesayan for her in Washington, D.C., meeting with several Edwardsville, Illinois upon its 134th anniver- outstanding musical talent. Nune is considered senators and briefing politicians about the sary. situation in Kosovo. Friday, they were weary to be a ‘‘modern-day minstrel’’ from Armenia, but overjoyed to be together. who herself has survived a traumatic personal On May 6th, the Wesley Chapel held spe- After stopping at the salon to see family history, but has emerged to breathe a new life cial services to celebrate its 134th anniver- members, they all returned to Mehmetaj’s of hope and beauty into the present day Ar- sary, specifically video taping the proceedings South Loop condominium. There, Shefkije menian experience. for those members of the church who were gazed at the stunning view of Chicago from Nune has been called the ‘‘Armenian Ma- unable to participate due to age or other rea- the 25th floor. Both mother and child looked donna,’’ however, love for her music and its curiously at all the things in Mehmetaj’s sons. The celebation featured reflections of apartment. message spans generations and cultures. Her the church and its members and featured ‘‘We’re so happy for them to be here. extraordinary, emotion-provoking voice, remi- statements about the church and its impact They’ll have everything they need from all niscent of one who has gained life-lessons from the oldest member, 98 year-old Alma of us,’’ said brother Rich Ferataj, 37, who from a long and tiring journey, and her use of Jackson to 12 year-old Terry Bradshaw who also owns a salon and lives in Oak Lawn. ‘‘I ancient instruments appeals to a wide dy- represented the youngest members of the think for now we’ll just try to laugh and talk namic of fans, from ‘‘hip’’ Generation Xers to church. about old times.’’ Baby Boomers, and from lovers of traditional Wesley Chapel was founded on the banks f music to those with more ‘‘eccentric’’ music tastes. It is her message, however, drawing of Cahokia Creek at the end of the Civil War. FOUNTAIN CITY POLICE CHIEF Armenians world-wide, which provokes a con- It has been at its current location at 418 JEFF LIEBERMAN HONORED: nection to ‘‘home,’’ and delivers truths about Aldrup since 1881 and is currently preparing MARCH 1999 NATIONAL POLICE the identity, language and culture of the Arme- for the possibility of a new church. OFFICER OF THE MONTH nian people. They are songs about the beauty My congratulations go out to Pastor Dwight of the homeland, (Armenia) and of the people, Bell and Joyce Hariston and Jessie Brown the strength of the Armenian character, and HON. RON KIND who served as co-chairs of the anniversary the nostalgia of what once was with the hope OF WISCONSIN committee as well as the entire congregation that it can be reclaimed. IN THE HOUSE OF REPRESENTATIVES at the Wesley Chapel African Methodist Epis- At no other time in the modern-day Arme- Tuesday, May 18, 1999 nian experience has one performer captured copal Church. Mr. KIND. Mr. Speaker, today I rise to pay so much attention in such a short period of The commitment to and love of faith will tribute to Jeff Lieberman, Police Chief in Foun- time. Sold out concerts in Armenia launched make a difference for generations to come.

VerDate jul 14 2003 14:27 Jan 13, 2005 Jkt 069102 PO 00000 Frm 00008 Fmt 0689 Sfmt 9920 E:\BR99\E18MY9.000 E18MY9 10008 EXTENSIONS OF REMARKS May 18, 1999 ‘‘AN S.O.S. FROM TAIWAN’’ For example, the United States should sell Before coming to TVA, Bill Kennoy led diesel submarines to Taiwan, which is out- Kennoy Engineers, Inc., an environmental firm HON. TOM DeLAY numbered in the seas 65 to 4 by the main- in Lexington, Kentucky. He brought over 25 OF TEXAS land’s forces. years of experience to the Board as a profes- IN THE HOUSE OF REPRESENTATIVES Likewise, there is a dire need for air de- sional engineer and business executive. In fense that could be rectified by the sale of Tuesday, May 18, 1999 fact, he will now return to private life and American-made AIM 120 missiles, long-range again be involved in the engineering business. Mr. DELAY. Mr. Speaker, I rise today to in- radar and satellite warning data. Mr. Speaker, Bill Kennoy has contributed a troduce a very important piece of legislation Enhanced military exchanges would forge a great deal to this Nation, but I would like to together with Representatives ANDREWS, GIL- cohesive defense plan between our nations. highlight one of his accomplishments that I am MAN, DEUTSCH, ROHRABACHER, WU, COX, JEF- But, acquiescing to pressure from Beijing, especially proud of. William Kennoy founded FERSON, DIAZ-BALART, LOWEY, CHRIS SMITH, the Clinton Administration refuses to sell these the ‘‘Weekend Academy’’ for inner-city youth HUNTER, BURTON, COOK, and DAVE WELDON. systems and take these steps despite a mas- in Knoxville, Chattanooga, Memphis, and This bill gives Taiwan a fighting chance to sive Chinese military buildup. Nashville, Tennessee. The Weekend Academy defend itself from a potential Chinese inva- The Defense Intelligence Agency reports is a mentoring program that encourages youth sion. The Taiwan Security Enhancement Act that the People’s Liberation Army is currently to pursue careers in business districts near we are introducing today also stabilizes Tai- deploying approximately 650 new short-range their homes. I believe this says a tremendous wan by strengthening U.S.-Taiwanese co- missile systems directly across the straits. amount about Bill Kennoy. operation. There are 150 such missiles aimed at Taiwan Mr. Speaker, I know that I join with all The Far East is no less pressing than the already in addition to fevered construction of Americans in thanking William Kennoy for his Middle East or Eastern Europe, where we are new fighter planes, warships and subs. service to our Nation over the past eight heavily involved now. Stability of the entire Under the Taiwan Relations Act, the United years. I have included a copy of an editorial Asian region is predicated on a balance of States committed to providing a defense capa- written in the Knoxville News-Sentinel hon- power that keeps China in check. bility to Taiwan based upon their defense oring William Kennoy that I would like to call The May 24, 1999, issue of Defense News needs. The need is pressing—the time to act to the attention of my fellow members and reports that China could be planning a new on this promise is now. other readers of the RECORD. round of military exercises and missile tests Appealing to the chivalrous instincts of across the Taiwan Strait in response to Amer- Americans, the Clinton Administration plants [From the Knoxville News-Sentinel, May 18, ican bombing of the Chinese Embassy in Bel- troops all over the world under the guise of 1999] grade. defending the proverbial little guy from aggres- SERVICE RENDERED Typically, no U.S. action has been under- sive bully nations. The Tennessee Valley Authority will say taken in the past to discourage these move- Supposedly, that is what we are doing in the good-bye to one of its three board members ments because the Administration’s Taiwan Balkans—but bombs flying on Belgrade do not today, and all in the valley should pause for policy has been missing-in-action for years. a salute to William Kennoy. erase American responsibility elsewhere. The A Republican nominated to the TVA board Habitual appeasement of China has grown Taiwan Security Enhancement Act honors our by President Bush, Kennoy ends his eight- into an addiction that now seriously threatens commitment to stability in Taiwan by increas- year term and will return to private life and global security. ing cooperation between U.S. and Taiwanese his chosen profession of engineering. Despite President Clinton’s claim a few militaries, and increasing sales of defensive His departure will leave the board with weeks ago that the People’s Republic is not a technology and weaponry while prohibiting re- only one member until two replacements are threat, Chinese intentions to the contrary are ductions in arms sales. appointed. That was a situation in which clear. They have been saber rattling for years. Mr. Speaker, American prestige is not only Kennoy found himself in 1993, the year current chairman Craven Crowell and recently A clear message was sent when China fired on the line in the Balkans. We must honor our missile tests off the coast of Taiwan in 1995 departed member Johnny Hayes were ap- commitments in the Taiwan Strait. I urge all of pointed to the board. and 1996. Since then, a massive Chinese mis- my colleagues to support the Taiwan Security Kennoy’s relationship with the federal sile and military logistical buildup across the Enhancement Act. utility he later would help manage began Taiwan Straits has served as a constant f long before his appointment to the board. threat. Waiting for the next shoe to fall before Kennoy’s father was a TVA engineer working acting would be a costly mistake. THANKS TO WILLIAM ‘‘BILL’’ on the Guntersville Dam in north Alabama. The image of Red Army tanks rolling into KENNOY Kennoy said his appointment was ‘‘an oppor- Hong Kong should not be forgotten. Neither tunity to pay TVA back for what it has done should the threat by a high-ranking Chinese HON. JOHN J. DUNCAN, JR. for me.’’ general to nuke Los Angeles if we interfere in It speaks well for Kennoy that he regards OF TENNESSEE as his signal accomplishment at TVA the Taiwan. IN THE HOUSE OF REPRESENTATIVES launching of ‘‘Weekend Academy,’’ a men- Adding legitimacy to these loose lips, the Tuesday, May 18, 1999 toring program for children living near Chinese military held practice missile attack downtown in Knoxville, Chattanooga, Nash- exercises against mock U.S. troops just six Mr. DUNCAN. Mr. Speaker, today, the Ten- ville and Memphis. The program attempts to months ago. nessee Valley Authority is losing a great lead- help inner-city children achieve success and Ever since the annexation of Hong Kong er. After a successful eight-year term on the encourage them to pursue careers in business and Macau, consuming Taiwan has become a TVA Board, William ‘‘Bill’’ Kennoy is stepping districts near their homes. pressing goal for the expansionist communist down. Kennoy also cites among his accomplish- government in Beijing. An ounce of prevention Bill Kennoy was appointed to the TVA ments the refinancing of TVA’s $3.2 billion debt, improving agency contracts and pre- now will save a ton of band-aid cures after- Board by President George Bush and was sworn in on May 31, 1991. Over the past eight serving the Land Between the Lakes Recre- the-fact. There will be no way to oust the Chi- ation Area. nese should they ever take Taiwan. years, William Kennoy has contributed a great Kennoy’s deliberate, calm style that led The Taiwanese are not asking us to send deal to the citizens of the Tennessee Valley. him to work out disagreements behind the troops. His competent leadership helped to secure the scenes instead of allowing meetings to de- They are not asking us to bomb other sov- refinancing of TVA’s $3.2 billion debt. Addi- generate into unnecessary bickering might ereign nations. tionally, he was instrumental in preserving the well be another accomplishment. This trait They simply need strategic military advice, Land Between the Lakes Recreational Area. drew praise from a former board member, technological expertise and access to pur- All who know Bill Kennoy agree that he is U.S. Rep. Bob Clement, a Nashville Demo- chase appropriate American defense systems a compassionate leader who has served the crat: ‘‘You don’t see him raise his voice. Bill public well over his term as a TVA Director. is very smart, deliberate and compas- so they can defend themselves. United States sionate.’’ policy must bolster the independence of this He is the longest-serving member of TVA’s Clearly TVA is better for Kennoy’s leader- little nation. current Board of Directors. Bill Kennoy even ship. As Kennoy steps down today, we thank A few reasonable measures of cooperation led TVA during transition period between the him for his service on TVA’s board and wish would go a long way for the island’s defense. previous and current Boards. him the best for the future.

VerDate jul 14 2003 14:27 Jan 13, 2005 Jkt 069102 PO 00000 Frm 00009 Fmt 0689 Sfmt 0634 E:\BR99\E18MY9.000 E18MY9 May 18, 1999 EXTENSIONS OF REMARKS 10009 TECHNOLOGY TRANSFER COMMER- eliminates also the need to provide notice in lating to the cancer drug Taxol and the HIV CIALIZATION ACT WOULD ELIMI- the Federal Register. S. 804 and H.R. 209 ex- drug ddI, as well as Bristol-Myers policies re- NATE PUBLIC INTEREST PRO- empt even this modest requirement for ‘‘li- garding pricing of d4T, another government TECTIONS ON LICENSING OF IN- censing of inventions made under a coopera- funded HIV drug. Also, public health groups tive research and development agreement VENTIONS RESULTING FROM who are interested in malaria are concerned (CRADA) entered into under section 12 of the about efforts by SmithKline Beecham to ob- TAXPAYER-FUNDED RESEARCH Stevenson-Wydler Technology Innovation tain exclusive rights to new malaria drugs Act of 1980 (15 U.S.C. 3710a).’’ invented by the US Army and Navy. In many HON. DENNIS J. KUCINICH The change virtually eliminates the prac- of these controversies, public health groups tical rights of the public to raise objections OF OHIO are seeking to obtain basic economic infor- to the use of an exclusive license or to even mation, such as the royalty rates paid on the IN THE HOUSE OF REPRESENTATIVES question the terms of the license (including licenses, the amount of sales of the products, Tuesday, May 18, 1999 the scope of the exclusivity). or the amount of money the company will 3. THE INCREASED SECRECY ON LICENSES UNDER- Mr. KUCINICH. Mr. Speaker, on May 11, spend on subsequent development of the gov- MINES THE PUBLIC’S RIGHTS AND REDUCES AC- ernment invention. These are not trivial dis- 1999, the House of Representatives approved COUNTABILITY putes. Bristol-Myers Squibb claimed to have H.R. 209, the Technology Transfer Commer- There are a number of current cases where spent $114 million to develop Taxol, but sub- cialization Act, by a voice vote after it was the public is seeking information about gov- sequent data placed the BMS contributions placed on the Suspension Calendar. Further ernment licenses, including such items as at less than $10 million prior to FDA ap- analysis of this measure indicates that its fun- the royalties or other considerations paid for proval of the drug. The decision by the NIH damental thrust is to water down or eliminate the license, the revenues from the invention, to grant BMS exclusive rights to two ‘‘treat- a range of public interest protections that cur- information about the availability of the in- ment regime’’ patents on doses of Taxol ex- rently are in effect. If enacted in its current vention to the public, or justification for tended the Taxol monopoly at least 30 form, H.R. 209—and its companion bill, S. prices charged consumers. months, costing consumers and taxpayers H.R. 209 modifies existing statutory lan- 804, currently being considered by the other $1.27 billion, according to one study (Richard guage to require that such information be se- P. Rozek, Costs to the U.S. Health Care Sys- body—would allow the government to act be- cret from the public. Language in 35 U.S.C. tem of Extending Marketing Exclusivity for hind the scenes, with little public oversight, to section 209 that says that information ‘‘may Taxol, N.E.R.A., Washington, DC, March grant exclusive licenses to firms that wish to be treated by a federal agency as . . . privi- 1997). commercialize products that have been devel- leged and confidential and not subject to dis- The current controversy with ddI, a US oped through taxpayer-funded research. closure under’’ the freedom of information act, is changed to say that such information government patented AIDS drug, illustrates These provisions do not serve the public inter- some of these problems. The Bush Adminis- est. Congress needs to take a closer look at ‘‘shall be treated as privileged and confidential. . . .’’ NIH licensing officials claim the tration granted Bristol-Myers 10 years of ex- the implications of H.R. 209 and S. 804. The change from ‘‘may’’ to ‘‘shall’’ will make a clusivity on ddI, beginning 1989. Patient following analysis explains the problems with much broader amount of information secret, groups are trying to determine when or if the bill in detail. including even basic information such as the Bristol-Myers will seek to extend the exclusivity on the patent. The pricing of ddI is ANALYSIS OF TECHNOLOGY TRANSFER COMMER- amount of money received by the govern- considered highly suspect by AIDS patients. CIALIZATION ACT (H.R. 209) BY CONSUMER ment as payment for use of a patent. Indeed, Patient advocates would like to find out PROJECT ON TECHNOLOGY in section 10 of H.R. 209, federal agencies are not even permitted to report statistical in- when such a patent extension is proposed, (By James Love) formation on royalties received for licenses, and to insist on public disclosures of reve- 1. THE LEGISLATION REDUCES COMPETITION. if ‘‘such information would reveal the nues and development costs, to determine if Both H.R. 209 and S. 804 eliminate the stat- amount of royalty income associated with an the exclusivity should be continued. Like all utory requirements in 35 U.S.C. 209(c)(1)(b) individual license or licensee.’’ AIDS drugs, ddI is expensive, both for con- that before using an exclusive license, an This is truly adding insult to injury. Not sumers and for taxpayers who fund care for agency make a finding that: ‘‘the desired only will the public be denied a practical op- many AIDS patients. Competition is ex- practical application has not been achieved, portunity to stop an agency from giving an pected to lead to significant decreases in or is not likely expeditiously to be achieved, exclusive license on a government owned prices. Under HR 209, the extension of the under any nonexclusive license which has patent or to effectively challenge the terms patent exclusivity could easily be done be- been granted, or which may be granted, on of the patent—taxpayers will not even be fore patients could even find out about the the invention;’’ permitted to know what the terms are! proposed extension. Indeed, this may have This is an important change in existing 4. PROBLEMS IN LICENSING OF FEDERALLY already happened, due to the difficulty in law. It is currently illegal to use an exclu- FUNDED INVENTIONS monitoring such license extensions, and the sive license if development is likely to be ex- There are currently significant disputes re- unwillingness of the NIH to make it easier to peditiously achieved with a non-exclusive li- garding the use of exclusive licenses for a monitor these issues or even answer ques- cense. However, under the new bills, this will wide range of government funded inventions, tions about the licenses. But by reducing the change, and it will be possible to use an ex- including inventions in the areas of software, notice requirements to 15 days, the public clusive license merely by meeting the much computing equipment, biotechnology and will have no rights. lesser requirement that ‘‘granting the li- medicines. cense is a reasonable and necessary incentive In some cases, NIH funded inventions are Regarding the areas of licensing of govern- to . . . promote the invention’s utilization priced at more than $100,000 per year. It ment funded medical inventions. The exist- by the public.’’ The consequence of this won’t be long before we see prices higher ence of public notice permits consumers or change will be fewer non-exclusive licenses, than $1 million per year per patient for some potential competitors to object to the use or less competition, and more monopolies on drugs. How can the US government justify scope of exclusive licensing. For example, taxpayer owned inventions. issuing exclusive licenses for life and death when Bristol-Myers (Squibb) sought an ex- therapies, without giving the public the 2. THE PUBLIC’S RIGHTS TO NOTICE AND COM- tension of its exclusive license to cis-platin, right to speak, or to even find out what the MENT ON EXCLUSIVE LICENSING OF GOVERN- a cancer drug developed at taxpayer expense, MENT INVENTIONS IS VASTLY REDUCED terms of the license are? And why do policy Adria Laboratories, Stuart Pharmaceuticals, makers permit drug companies to make ludi- H.R. 209 and S. 804 both gut public notice American Cyanamide, Elkins-Sinn and crous and clearly false public statements re- provisions for exclusive license agreements Andrulis Research objected to the proposed garding the costs of bringing US government from government owned inventions. Under extension, arguing that the public interest pharmaceutical inventions to market, and existing law, agencies are normally expected would be served by non-exclusive licensing. then make all data on the real costs a state to provide 90 days notice that the invention Andrulis suggested non-exclusive licensing secret? is available to the public for licensing, fol- be coupled with higher royalties to fund can- lowed by 60 days notice with an opportunity cer research. As a result of the public com- If the purpose of HR 209 or S. 804 is to to file objections for proposals to provide an ments, Bristol-Myers offered to lower the make it easier to get exclusive rights on gov- exclusive license to a particular party. [See: price of cis-platin by 30 percent and fund $35 ernment property, the legislation succeeds. 37CFR404.7(a)(1)] million in extramural cancer research, in re- If the purpose is to protect the public’s S. 804 and H.R. 209 reduce notice require- turn for the extension of the license. rights in taxpayer property, the legislation ments to ‘‘in an appropriate manner at least More recently there has been considerable fails. We think the second issue is the one 15 days before the license is granted.’’ Ac- controversy over Bristol-Myers Squibb’s li- that needs greater attention by our elected cording to the House Report on H.R. 209, this censing of government data and patents remembers of Congress.

VerDate jul 14 2003 14:27 Jan 13, 2005 Jkt 069102 PO 00000 Frm 00010 Fmt 0689 Sfmt 0634 E:\BR99\E18MY9.000 E18MY9 10010 EXTENSIONS OF REMARKS May 18, 1999 HONORING THE STUDENTS OF greatly to the economy of Cathey’s Valley and So, it is appropriate at this time to in- LAKESHORE ELEMENTARY Mariposa County. crease the protection for both current and SCHOOL Karl’s leadership was also noted by his former covert intelligence officers around membership in the #98 Masonic Lodge in the world by increasing the criminal penalties for those who willfully divulge their HON. RON KIND Hornitos, the Mariposa County Board of Real- identities to the world. Anyone who delib- OF WISCONSIN tors, and as owner of the Cathey’s Valley Re- erately puts American agents’ lives, those of alty and Development. Karl has been credited IN THE HOUSE OF REPRESENTATIVES their families, and America’s security at risk for the amazing growth of Cathey’s Valley by should face a minimum sentence in prison as Tuesday, May 18, 1999 many of his colleagues and friends. well. Mr. Sweeney’s amendment does that by Mr. KIND. Mr. Speaker, I rise today to pay Mr. Speaker, it is with great honor that I rise establishing mandatory minimum sentences tribute to the students of Lakeshore Elemen- today to recognize Mr. Karl F. Baumann for for willfully identifying covert agents. his leadership and strength in paving the way As many of us recall, the current law, the tary School in Eau Claire, Wisconsin. I want to Intelligence Identities Protection Act, was recognize their true concern and compassion for a successful community to grow and flour- passed after the CIA Station Chief in Greece, for the innocent children in Kosovo. ish. His contribution to the San Joaquin Valley Richard Welch, was assassinated after The story of Sadako and the Thousand is incomparable. I urge my colleagues to join Counter Spy exposed his identity. Ex-CIA Paper Cranes, by Eleanor Coerr, is a story of me in wishing the Baumann family and agent Phillip Agee was also responsible for strength and courage of one young child diag- Cathey’s Valley continued success for the repeated disclosures of the names of intel- nosed with leukemia after being exposed to years to come. ligence personnel and the Supreme Court held that such disclosures are not protected radiation from the atomic bomb dropped on f under the First Amendment. Hiroshima, Japan on August 6, 1945. Sadako A TRIBUTE TO DUANE The amendment also addresses the absurd- tried to make 1,000 paper cranes, which ac- ROHMALLER ity in the law that allows people to obtain cording to legend, would bring her long life. information about former U.S. intelligence The students of Lakeshore Elementary School activities under the Freedom of Information gathered together on May 10, 1999, after HON. JOHN SHIMKUS Act, but does not prohibit people from turn- watching a movie about Sadako and success- OF ILLINOIS ing around and identifying intelligence IN THE HOUSE OF REPRESENTATIVES agents who have retired. fully made 1,000 paper cranes in honor of the To address this shortcoming, the amend- children in Kosovo. Through their dedication in Tuesday, May 18, 1999 ment expands the law to include former cov- making these 1,000 paper cranes, the stu- Mr. SHIMKUS. Mr. Speaker, I would like to ert agents under its protections because dents in my district have become active par- take this time to honor Duane Rohmaller of identifying former agents, their activities ticipants in the international community. They Christ Lutheran Church and School in Costa and locations not only compromises on-going have become messengers of peace and have Mesa, California upon the announcement of intelligence efforts, but exposes the former agents and their families to danger and re- shown the importance of supporting the chil- his retirement following forty-one years as a dren of Kosovo during this time of difficulty. taliation from our nation’s adversaries. valued Lutheran educator, administrator and Any individual who has served our country I hope to visit the Balkan region in the near friend. at considerable risk to themselves and their future and personally deliver some of these Mr. Rohmaller’s friends and admirers are families deserves all the protection we can special paper cranes and inform some of the planning a weekend celebration to honor his provide under the law—not only while they children of Kosovo that there are children in many contributions to our children, our com- serve, but when they retire as well. In this the United States who are concerned about munities, our faith and our future. day of vicious, global terrorism, exposing their fate. On behalf of the students of Lake- I know Mr. Rohmaller best from his service current or former intelligence agents should shore Elementary School, I will be able to as my eighth grade teacher at Holy Cross Lu- be subject to severe and mandatory criminal penalties. offer the children of Kosovo these paper theran School in Collinsville, Illinois. When I The amendment does that and I urge mem- cranes as symbols of courage and long life. I reflect on all that he taught me, I am reminded bers to vote for it. salute the Lakeshore Elementary School stu- of Proverbs 22:6 ‘‘Train up a child in the way dents, faculty and staff including Dr. Mary he should go: and when he is old, he will not f Seitz, and Lucianne Boardman for inspiring depart from it.’’ TRIBUTE TO RUSSELL ‘‘RUSTY’’ peace and understanding throughout the Thank you Mr. Rohmaller for your teach- BERRY world. ings, your values, your commitment and your f love of our faith. Your life’s work will continue HON. MARION BERRY to make a difference for generations to come. TRIBUTE TO KARL F. BAUMANN OF ARKANSAS f IN THE HOUSE OF REPRESENTATIVES HON. GEORGE RADANOVICH PENALTIES FOR EXPOSING THE Tuesday, May 18, 1999 OF CALIFORNIA IDENTITIES OF INTELLIGENCE Mr. BERRY. Mr. Speaker, I rise today to IN THE HOUSE OF REPRESENTATIVES AGENTS recognize a great Arkansan and great Amer- Tuesday, May 18, 1999 ican. HON. TOM DeLAY He is my wonderful brother Russell (Rusty) Mr. RADANOVICH. Mr. Speaker, I rise OF TEXAS Berry. Rusty was the last of four children born today to recognize Mr. Karl F. Baumann for IN THE HOUSE OF REPRESENTATIVES to Eleanor and Lloyd Berry in the Bayou Meto his outstanding dedication to the growth of Tuesday, May 18, 1999 community of Arkansas County, Arkansas. Mariposa County. Karl was a ‘‘strong and They would be filled with pride to see him commanding’’ man who had a vision to de- Mr. DELAY. Mr. Speaker, I insert the fol- today, successful and responsible. velop the barren acres of Cathey’s Valley into lowing speech for the CONGRESSIONAL Since he was ten years younger than his a town successful in both business and com- RECORD. siblings the opportunity to be spoiled was munity. MANDATORY PENALTIES FOR EXPOSING THE great. He managed to overcome the influence Karl ventured into Cathey’s Valley from IDENTITIES OF U.S. INTELLIGENCE AGENTS of his siblings to become an accomplished at- Southern California 16 years ago when he Mr. Speaker, I commend Congressman torney and stepfather. purchased an 800-acre ranch. It was then that Sweeney for bringing this subject to our at- The loss of both parents before he finished Karl had a vision to develop this ranch into tention. The nation is being confronted high school presented a situation that could something more. To fulfill his vision of a sound every day it seems with graver and more have been quite negative, but because of and safe community, Karl subdivided his ranch alarming revelations about breaches of our strong character passed on to him from our national security at our weapons labs and and built The Whispering Oaks Estates, cur- other facilities. It should not be overlooked wonderful parents, he managed to success- rently home to many Mariposans. The next that it was due in large part to the efforts of fully negotiate the treacherous waters of the project that Karl embarked upon led to the our intelligence agents that these breaches seventies. creation of the Cathey’s Valley business park. were first suspected and then subsequently As a country lawyer he continues to serve Since then, the business park has contributed investigated by the FBI and others. all the people with great skill and not just the

VerDate jul 14 2003 14:27 Jan 13, 2005 Jkt 069102 PO 00000 Frm 00011 Fmt 0689 Sfmt 9920 E:\BR99\E18MY9.000 E18MY9 May 18, 1999 EXTENSIONS OF REMARKS 10011 ones that can pay. He is a credit to his profes- turn, that has given impetus to the impressive Graziadio School of Business and Manage- sion, community, and family. growth of the Chabad of the Five Towns. After ment in Los Angeles, explains ‘‘everyone, it He is one of the Berry Brothers. This means only four years, they are now ‘‘Celebrating the seems, took for granted the prevailing belief that he is always there when needed and Dream’’ of a beautiful new expanded facility in that the essential feature of monopoly is that never questions the need. It also means he which they can continue to serve the commu- a given product or service is provided by just has shared many pleasurable days in the field nity. I wish to thank them for their tireless ef- one supplier. On this view of things, Microsoft, or woods with these same brothers. forts and outstanding contributions that have like Alcoa and Standard Oil before it, belongs He is admired and loved by his nieces and bettered the lives of so many. in the same category as the old British East nephews along with his step children. Uncle f India Company or such more recent instances Rusty being around always brings excitement of companies with exclusive government fran- and anticipation for the children. INTRODUCTION OF H.R. 1789 chises as the local gas or electric company or He is a part of a vanishing group that came from the Bayou Meto-One Horse Store com- HON. RON PAUL the U.S. Postal Service with respect to the delivery of first class mail. What all of these munity where being neighbors and helping OF TEXAS cases have in common, and which is consid- each other was a way of life. IN THE HOUSE OF REPRESENTATIVES ered essential to the existence of monopoly, The world is a better place for his having Tuesday, May 18, 1999 been here, and we are all richer because he according to the prevailing view, is that they is part of our family. Mr. PAUL. Mr. Speaker, I rise today to enlist all represent instances in which there is only I am proud to call him my brother, and think support for a bill I have introduced to repeal one seller. By the same token, what is not of him with great love and affection. statutes which have now resulted in more than considered essential, according to the pre- f one hundred years of government intervention vailing view of monopoly, is whether the sell- in the marketplace. In 1890, at the behest of ers position depends on the initiation of phys- HONORING CHABAD OF THE FIVE Senator Sherman, the Sherman Antitrust Act ical force or, to the contrary, is achieved as TOWNS ON THEIR SECOND AN- was passed allowing the federal government the result of freedom of competition and the NUAL DINNER TO ‘‘CELEBRATE to intervene in the process of competition, choice of the market.’’ THE DREAM’’ inter alia, whenever a firm captured market share by offering a better product at a lower Microsoft, Alcoa, and Standard Oil represent HON. CAROLYN McCARTHY price. The Market Process Restoration Act of cases of a sole supplier, or at least come close to such a case. However, totally unlike OF NEW YORK 1999, H.R. 1789, will preclude such interven- the cases of exclusive government franchises, IN THE HOUSE OF REPRESENTATIVES tion. Antitrust statutes governmentally facilitate their position in the market is not (or was not) Tuesday, May 18, 1999 interference in the voluntary market trans- the result of the initiation of physical force but Mrs. MCCARTHY of New York. Mr. Speak- actions of individuals. Evaluation of the anti- rather the result of their successful free com- er, I rise today to honor Chabad of the Five trust laws has not proceeded from an analysis petition. That is, they became sole suppliers Towns on the occasion of its Second Annual of their nature or of their necessary con- by virtue of being able to produce products Dinner to ‘‘Celebrate the Dream,’’ on May sequences, but from an impressionistic reac- profitably at prices too low for other suppliers 25th, 1999 and their honorees Mr. and Mrs. tion to their announced gain. to remain in or enter the market, or to produce Simon Eisdorfer, Mr. and Mrs. Jeffrey Mark, Alan Greenspan, now Chairman of the Fed- products whose performance and quality oth- Dr. and Mrs. Stanley Nussbaum and Dr. and eral Reserve, described the ‘‘world of anti- ers simply could not match. Mrs. Justin Cohen. trust’’ as ‘‘reminiscent of Alice’s Wonderland: I would also like to pay tribute to their spir- Everything seemingly is, yet apparently isn’t, Even proponents of antitrust prosecution ac- itual leader, Rabbi Shneur Wolowik, who guid- simultaneously.’’ Antitrust is, according to knowledge this. In the Standard Oil case, the ance, dedication, compassion and spirituality Greenspan ‘‘a world in which competition is U.S. Supreme Court declared in its 1911 deci- has helped Charbad of the Five Towns reach lauded as the basic axiom and guiding prin- sion breaking up the company: ‘‘Much has this milestone. ciple, yet, ‘too much’ competition is con- been said in favor of the objects of the Stand- Chabad of the Five Towns opened its doors demned as ‘cutthroat’. * * * A world in which ard Oil Trust, and what it has accomplished. It four years ago with the mission of translating actions designed to limit competition are may be true that it has improved the quality deeply-rooted Jewish concepts into a practical branded as criminal when taken by business- and cheapened the costs of petroleum and its foundation of life, just as the Chabad men, yet praised as ‘enlightened’ when initi- products to the consumer.’’ Jubavitch movement has done for over two ated by government. A world in which the law It is the dynamic model of competition under centuries. is so vague that businessmen have no way of which only ‘‘free’’ entry is required that insures Chabad reaches out to fellow Jews on a knowing whether specific actions will be de- maximization of consumer welfare within the global scale with over 2,300 centers world- clared illegal until they hear the judge’s ver- nature-given condition of scarcity and rec- wide. In the Five Towns, they have helped dict—after the fact.’’ And, of course, obscure, onciles the ideal of pure liberty with that of hundreds of families both spiritually and mate- incoherent, and vague legislation can make le- economic efficiency. The free market in the rially, whether it be a new immigrant, someone gality unattainable by anyone, or at least unat- in need, a youth in trouble, or a family or indi- tainable without an unauthorized revision world of production may be termed ‘‘free com- vidual who wants to learn more about their which itself impairs legality. petition’’ or ‘‘free entry’’, meaning that in a free heritage, Chabad is there to help. In addition, The Sherman Act was a tool used to regu- society anyone is free to compete and they believe Judaism should be celebrated late some of the most competitive industries in produce in any field he chooses. ‘‘Free com- with joy, excitement, and enthusiasm, whether America, which were rapidly expanding their petition’’ is the application of liberty to the it be a holiday celebration, a Passover Seder, output and reducing their prices, much to the sphere of production: the freedom to buy, sell, a Shabbaton Dinner, a family barbecue, or an dismay of their less efficient (but politically in- and transform one’s property without violent outing. fluential) competitors. The Sherman Act, more- interference by an external power. Most importantly, Chabad sees its children over, was used as a political fig leaf to shield As argued by Alan Greenspan, ‘‘the ultimate as proud Americans, knowledgeable of our the real cause of monopoly in the late regulator of competition in a free economy is country’s rich history and democratic ideals, 1880’s—protectionism. the chief sponsor of the capital market. So long as capital is free and is pleased with the special relationship the 1890 tariff bill, passed just three months to flow, it will tend to seek those areas which between Israel and the United States. after the Sherman Act, was none other than offer the maximum rate of return.’’ I commend Chabad for its philosophy of in- Senator Sherman himself. clusion and acceptance, treating every human One function of the Sherman Act was to di- The purpose of my bill is to restore the in- being as special and worthy, deserving of at- vert public attention from the certain source of herent benefits of the market economy by retention and support, regardless of their reli- monopoly—Government’s grant of exclusive pealing the Federal body of statutory law gious affiliation or background. It is this em- privilege. But, as George Reisman, Professor which currently prevents efficiency-maximizing bracing of all, without expecting anything in re- of Economics at Pepperdine University’s voluntary exchange.

VerDate jul 14 2003 14:27 Jan 13, 2005 Jkt 069102 PO 00000 Frm 00012 Fmt 0689 Sfmt 9920 E:\BR99\E18MY9.000 E18MY9 10012 EXTENSIONS OF REMARKS May 18, 1999 IN HONOR OF REVEREND average of 3.732, which currently places him Today I congratulate President Lee Teng- MONSIGNOR GERARD LA CERRA third in his class of forty-six students. Jona- hui on completing 3 years in office. President than is a member of the National Honor Soci- Lee is an energetic man who is moving for- HON. ILEANA ROS-LEHTINEN ety, and has participated in the United States ward on a number of diplomatic fronts to en- OF FLORIDA Air Force Academy Summer Science Acad- gage Taiwan as an emerging democracy and IN THE HOUSE OF REPRESENTATIVES emy and the Invitational Academic Workshop economic Pacific power. at West Point. In the years ahead, I hope that Taiwan will Tuesday, May 18, 1999 Outside the classroom, Jonathan has ex- continue to enjoy its prosperity and freedom. Ms. ROS-LEHTINEN. Mr. Speaker, today I celled as a fine student-athlete. On the fields would like to recognize a man for whom the of competition, Jonathan has earned letters in f South Florida Community has the utmost re- Varsity Track, Cross Country, and Golf. He spect, esteem and admiration, Reverend Mon- has also been active in the Edon High School TRIBUTE TO MATT FONG signor Gerard La Cerra, who will celebrate 30 marching band, pep band, concert band, years in the priesthood on May 24th. Spanish club, and the D.A.R.E. program. HON. GEORGE RADANOVICH Monsignor La Cerra was ordained into the Mr. Speaker, at this point, I would ask my OF CALIFORNIA priesthood in Miami in 1969 and has been in- colleagues to stand and join me in paying spe- dispensable to our community from that mo- cial tribute to Jonathan P. Curtis. Our service IN THE HOUSE OF REPRESENTATIVES ment on. academies offer the finest education and mili- Tuesday, May 18, 1999 He has been a driving force in our city, pos- tary training available anywhere in the world. Mr. RADANOVICH. Mr. Speaker, I rise sessing a truly ‘‘God-given’’ ability to bring I am sure that Jonathan will do very well dur- today to pay tribute to Matt Fong for his serv- people together from different cultures, reli- ing his career at West Point, and I wish him ice to the state of California and the United gions and walks of life, for a greater good, the very best in all of his future endeavors. States. Matt Fong’s leadership and accom- both encompassing and dispensing brother f plishments in Republican politics has had a hood, fellowship and most of all, love. MARY ANN MEYER OF COLLINS- profound impact on the advancement and He was instrumental in the very inception of VILLE, ILLINOIS CELEBRATED quality of life in California and America. the Archbishop Coleman F. Carroll High HER 100TH BIRTHDAY Matt Fong has been committed to public School and involved in every step of its formu- service for many years, most recently as Cali- lation from the initial groundbreaking to the fornia Treasurer. As treasurer, Mr. Fong final ribbon cutting ceremony. HON. JOHN M. SKIMKUS In 1995, this extraordinary man was des- OF ILLINIOS worked to create higher efficiency within the ignated Prelate of Honor with the title of Rev- IN THE HOUSE OF REPRESENTATIVES office, thereby saving California taxpayers millions of dollars. He earned additional funds for erend Monsignor by His Holiness, Pope John Tuesday, May 18, 1999 California schools, hospitals, and prisons Paul, II. Mr. SHIMKUS. Mr. Speaker, I would like to In addition to the many honors and acco- through wise investments, and boosted Cali- take this time to honor Mary Ann Meyer of lades that Monsignor La Cerra received, he fornia’s ratings with investors. Mr. Fong has Collinsville, Illinois who turned 100 on March has been a tireless worker and advocate for done much to increase funds for small busi- 22, 1999. the people of Miami and has served selflessly. ness and education, and has also worked to On March 20th, her family and friends hon- revitalize California’s inner cities. I would like all my colleagues to join me in ored her at a special birthday party at the honoring someone who is truly an inspiration Aside from his many accomplishments as Knights of Columbus Hall in Collinsville. California treasurer, Matt Fong is a United and role model to everyone in the way that he For most of her adult life, she has been and has lived every single day of his life. States Air Force Academy graduate. He avid pinochle and bridge player. In fact she served as regent of Children’s Hospital of Los f was on the high score board for six months Angeles, regent of Pepperdine University, IN SPECIAL RECOGNITION OF JON- running at the Collinsville Senior Center when where he received his master’s degree in ATHAN P. CURTIS ON HIS AP- she was a mere 99 years young. Business administration, and he was director POINTMENT TO ATTEND THE She attended SS. Peter and Paul Catholic of the Boy Scouts of America in the Los Ange- UNITED STATES MILITARY School and Collinsville Township High School les area. Other activities and awards include: ACADEMY where she graduated in 1917. During her re- National Commission on Economic Growth markable life, she has visited all 50 states and and Tax Reform, Congressional National Se- has traveled twice to Europe. She has been curity Group, Chairman of the Governor’s HON. PAUL E. GILLMOR an active member of her church and had a ca- OF OHIO Task Force on State and Local Investment reer in banking at a time when many women Practices, Chairman of the Pacific Rim Finan- IN THE HOUSE OF REPRESENTATIVES weren’t yet allowed let alone encouraged to do cial Summit, Distinguished Alumnus Award Tuesday, May 18, 1999 so. from both Pepperdine University and South- She once said that her secret to a long life Mr. GILLMOR. Mr. Speaker, I rise today to western University of Law where he received includes family, friends, music, traveling and pay special tribute to an outstanding young his jurist doctorate degree, Governing Maga- plenty of hard work. Yet the most telling com- man from Ohio’s Fifth Congressional District. I zine’s Deal of the Year Award, Industry Award ponent of her secret was the most basic once am happy to announce that Jonathan P. Cur- of Excellence from the National Federation of when she said ‘‘Have faith in God. I still do.’’ Municipal Analysts, honored for service to im- tis, of Edon, Ohio, has been offered an ap- Congratulations on 100 years of making a poverished communities by the First AME pointment to attend the United States Military difference in our lives. Here’s to the next 100. Academy at West Point, New York. Church of Los Angeles, excellence 2000 Mr. Speaker, Jonathan has accepted his f Award from the United States Pan Asian- offer of appointment and will be attending TRIBUTE TO PRESIDENT LEE American Chamber of Commerce, and the West Point this fall with the incoming cadet TENG-HUI Simon Wiesenthal Center Award for efforts to class of 2003. Attending one of our nation’s promote restitution for Holocaust victims from military academies is an invaluable experience HON. SOLOMON P. ORTIZ Swiss banks. that offers a world-class education and de- OF TEXAS Mr. Speaker, it is with great honor that I pay mands the very best that these young men IN THE HOUSE OF REPRESENTATIVES tribute to Matt Fong for his service to the state and women have to offer. Truly, it is one of of California, and the United States. Mr. Fong the most challenging and rewarding under- Tuesday, May 18, 1999 is a faithful public servant who has shown takings of their lives. Mr. ORTIZ. Mr. Speaker, for many years care and dedication to business, education Jonathan brings a great deal of leadership now, I have joined my colleagues in congratu- and the well being of California and the Amer- and dedication to the incoming West Point lating the leaders of the Republic of China ican community as a whole. I ask my col- class of 2003. While attending Edon High (ROC) on their National Day, on associated leagues to join me in wishing Matt Fong many School, Jonathan has attained a grade point anniversaries, and other special occasions. more years of success.

VerDate jul 14 2003 14:27 Jan 13, 2005 Jkt 069102 PO 00000 Frm 00013 Fmt 0689 Sfmt 9920 E:\BR99\E18MY9.000 E18MY9 May 18, 1999 EXTENSIONS OF REMARKS 10013 TRIBUTE TO RICHARD AND IRMA In our meeting last month, I was impressed during his career at West Point, and I wish POWELL with the VIP students keen understanding of him the very best in all of his future endeav- how government works and the depth of their ors. HON. MARION BERRY questions about my job and working in Con- f gress. They have certainly benefitted from OF ARKANSAS 1999 STUDENT CONGRESSIONAL IN THE HOUSE OF REPRESENTATIVES their various studies and trips outside the classroom. These experiences were a fine COUNCIL BILL ON SOCIAL SECU- Tuesday, May 18, 1999 supplement to their excellent classroom cur- RITY Mr. BERRY. Mr. Speaker, I rise today to riculum. pay tribute to a wonderful couple, The Pow- As someone with a learning disability, I HON. RALPH REGULA ells. commend the students for not allowing their OF OHIO Richard and Irma Powell are classic exam- own disabilities to prevent them from attending IN THE HOUSE OF REPRESENTATIVES ples of the ‘‘Greatest Generation’’. They work college and moving into the workforce. They Tuesday, May 18, 1999 hard, play by the rules, and achieve success have demonstrated a determination and quest doing so. They defined responsibility, honesty, for knowledge which all students should as- Mr. REGULA. Mr. Speaker, on March 9, thrift, and fair dealings. Their devotion to their pire. 1999 the 1999 Student Congressional Council family and church is extraordinary. My best wishes to each of the graduates in my district passed a bill that proposes to Both Richard and Irma Powell were born, and their teachers, families and friends. I wish strengthen Social Security for years to come. raised and spent their entire lives in Stanley you great success now and in the future. I feel privileged to have sponsored this student Point, Arkansas. They raised a large family of f group and I am especially impressed with the children that carry on the values that make the students’ diligent work in creating this bill. I Powells so special. IN SPECIAL RECOGNITION OF believe Congress can learn from their example After the loss of Richard some years ago it MARCUS T. JAMEYSON ON HIS by likewise working together to tackle this dif- took years for Sunday to be the same with his APPOINTMENT TO ATTEND THE ficult issue. absence from the front row. His occasional im- UNITED STATES MILITARY I hereby submit the attached 1999 Student promptu statements to the congregation were ACADEMY Congressional Council Bill on Social Security profound and memorable. There was never into the CONGRESSIONAL RECORD. any doubt of his sincerity of commitment. HON. PAUL E. GILLMOR BILL PASSED BY THE 1999 STUDENT CONGRES- Mr. Powell was a great student of nature OF OHIO SIONAL COUNCIL ON MARCH 9, 1999. EVENT and human nature. The integrity and dedica- IN THE HOUSE OF REPRESENTATIVES SPONSORED BY U.S. REPRESENTATIVE RALPH REGULA, 16TH DISTRICT-OHIO tion of the Powells is a living example to all Tuesday, May 18, 1999 that knew them, especially to institutions like BILL SUMMARY—COMMITTEE A marriage. They were married for 59 years be- Mr. BILLMORE. Mr. Speaker, I rise today to The basic concept of this bill is to individ- fore Mr. Powell passed on. pay special tribute to an outstanding young ualize a portion of Social Security while They accept their lot philosophically, and man from Ohio’s Fifth Congressional District. I keeping at least half of it completely govern- epitomize the vision Thomas Jefferson had in am happy to announce that Marcus T. mental. The individualized portion will serve to stimulate the American economy, lead to mind when he helped found this great nation. Jameyson, of Wellington, Ohio, has been offered an appointment to attend the United a general higher-than-present public under- Our community is a better place because of standing of investment, and grant more inde- their presence, and they are a bless to us all. States Military Academy at West Point, New pendence to employees with the money that f York. they have rightfully earned. Employees will Mr. Speaker, Marc has accepted his offer of be able, with education and limitations pro- IN HONOR OF THE GRADUATION appointment and will be attending West Point vided by the company, to invest in endeavors VIP PROGRAM, NEW YORK INSTI- this fall with the incoming cadet class of 2003. such as stocks, funds, IRAs, and the govern- TUTE OF TECHNOLOGY Attending one of our nation’s military acad- ment, in order to increase their playback emies is an invaluable experience that offers while lessening the load on Social Security. a world-class education and demands the very The bill also provides for a check-and-bal- HON. CAROLYN McCARTHY ance system between the companies and em- OF NEW YORK best that these young men and women have ployees, and encourages cooperation among IN THE HOUSE OF REPRESENTATIVES to offer. Truly, it is one of the most challenging these and the government. The employees and rewarding undertakings of their lives. Tuesday, May 18, 1999 have the ability to cause the companies to Marcus Jameyson brings a great deal of lose benefits if they are unsatisfied, and the Mrs. MCCARTHY of New York. Mr. Speak- leadership and dedication to the incoming companies have the ability to limit the in- er, I rise today to celebrate the graduation of West Point class of 2003. While attending vestment of the employees. Under this bill, the Vocational Independence Program stu- Wellington High School, Marc has attained a money is provided for the Social Security dents (VIP) at the New York Institute of Tech- grade point average of 3.28, which places him fund by the budget surplus, less stress on the nology (NYIT) in Central Islip, New York. It money resulting from less money in the ac- among the best in his class. His academic tual Security fund by the budget surplus, was my great pleasure to meet with these stu- success has placed him on the Honor Roll less stress on the money resulting from less dents in Washington, D.C. last month. They and Merit Roll. Currently, Marc is taking Hon- money in the actual Security fund, and, in are a wonderful group and I am very proud of or’s Program courses and several AP courses. cases, the ‘‘matching-the-employees invest- their achievement. Outside the classroom, Marc has distin- ments’’ of companies. The bill also provides The Vocational Independence Program was guished himself as an outstanding student-ath- for changes that may result from financial founded in 1987 by Jim Rein, Dave Finkelstein lete. Marc served as the Senior Captain of the crisis, economic slumps, and/or corporate di- and Neal Nelson. VIP is a work/study rec- Wellington High School Varsity Wrestling lemmas, if not addressed by the bill (which reational program that establishes a transition Team where, in both his Sophomore and Jun- many are), then as designated by new amendments, law, or judicial review. for sixteen to twenty-one year old learning dis- ior years, he placed fourth in the Ohio State Introduced by: Committee A, Central abled young adults considering post-sec- Wrestling Tournament. Marc is also a member Catholic High School, Canton, Ohio, ondary career options. Soon after its creation, of the Wellington Varsity Baseball Team. I am GlenOak High School, N. Canton, Ohio, the program developed into what is the current also pleased to announce that Marc is being Jackson High School, Massillon, Ohio, and year-round VIP program. The program pro- recruited for Intercollegiate Athletics at West Minerva High School, Minerva, Ohio. vides continuing academic exposure to the Point. 1. Over the next twenty years (1999–2019), students and as training for varied vocational Mr. Speaker, at this point, I would ask my an amount of each year’s gross national budget surplus equal to the higher of 50% of options, work experiences and social and colleagues to stand and join me in paying spe- the surplus or forty-four billion three hun- independent living skills development. As a cial tribute to Marcus T. Jameyson. Our serv- dred million dollars will be allotted to the part of the campus of NYIT, the students are ice academies offer the finest education and Social Security pool of finance. This invest- able to take college beyond its special cur- military training available anywhere in the ment will provide a foundation for and com- riculum. world. I am sure that Marc will do very well plement to the near-future implementation

VerDate jul 14 2003 14:27 Jan 13, 2005 Jkt 069102 PO 00000 Frm 00014 Fmt 0689 Sfmt 0634 E:\BR99\E18MY9.000 E18MY9 10014 EXTENSIONS OF REMARKS May 18, 1999 of Social Security funds. All mentioned funds will be granted a one-hundredth of a from the children’s perspective. They will be money will be placed into an exclusive So- percent overall tax cut. submitting the book to a professional pub- cial Security fund. IV. this bill may be altered or amended as lisher. A literacy quilt was created to highlight II. The money currently allotted for Social the law-making processes of the Untied Security on each American citizen worker’s States deem proper and necessary to the im- the success of the NASA Project. income will be hereafter dubbed ‘‘The Secu- provement of the plan without destabilizing Catherine Alexander, teacher, has been rity and Investment Plan.’’ the basic tenets of the bill. asked to have the students do a multimedia A. The S&I Plan will divide current Social V. If an individual’s employing company is presentation on the seed project at the Naval Security allotments into two parts: an un- not a member of the S&I Plan, then that in- Academy in Annapolis in September. changed Social Security fund and a Long- dividual may, through an application process term Investment Allocation. determined by an S&I company, apply to be- The time and effort the students of Montello, 1. Social Security fund come involved in that company’s S&I plan Wisconsin and II Montello of Italy put into this a. The money under this account will be without becoming an employee of that com- project was phenomenal and their achieve- monitored and administered as it is in the pany. However, that individual will have to ments and successes should be recognized. I current system as of the nineteenth of Feb- pay a maximum of 10% in commission to the believe these students deserve a full measure ruary 1999. company. of praise for all they have accomplished. b. The money under this account must represent at least fifty percent of the S&I f f money. MONTELLO STUDENTS’ SPACE 2. Long-term Investment Allocations a. The LTIA will be money that has the op- SEED PROJECT ON SPACE SHUT- IN SPECIAL RECOGNITION OF portunity to increase at a rate that will TLE DISCOVERY LONA R. PIEPER ON HER AP- produce more money in the long run than POINTMENT TO ATTEND THE the regular Social Security fund. It will also HON. THOMAS E. PETRI UNITED STATES MILITARY run than the regular Social Security fund. It OF WISCONSIN ACADEMY will also stimulate the American economy via individual investment in US interests. IN THE HOUSE OF REPRESENTATIVES b. This money will be monitored by each Tuesday, May 18, 1999 HON. PAUL E. GILLMOR company and reported to the Congressional OF OHIO Ways and Means Social Security Sub- Mr. PETRI. Mr. Speaker, this past year, stu- committee annually for reference. dents from Montello, Wisconsin worked on a IN THE HOUSE OF REPRESENTATIVES c. This money is in the control of the indi- project that entailed an international experi- vidual who has the option to surrender its ment which was included on last fall’s historic Tuesday, May 18, 1999 control to the company to invest as it sees Discovery space shuttle flight. Mr. GILLMORE. Mr. Speaker, I rise today to fit or to monitor it individually. The experiment involved vials of lettuce pay special tribute to a truly outstanding young Individual Investment seeds from Wisconsin and chicory seeds from i. The employing company will provide ac- lady from Ohio’s Fifth Congressional District. cess to employees as to the status of the Italy being subjected to microgravity, extreme Recently, I had the opportunity to nominate questioning employee’s money. This access heat and cold during the NASA flight. While in Lona R. Pieper for an appointment to attend may be via computer network or server, the space, the project was tended by astronaut the United States Military Academy at West Internet, telephone, and/or other mediums. John Glenn. The seeds are being studied to Point, New York. This access may be either inherent in the determine the effects of space travel. Early re- I am pleased to announce that Lona has privileges of the employee or granted upon sults indicated that the space seeds did as request and approval through a superior or been offered an appointment and will be at- well as the control seeds despite not being tending West Point with the incoming cadet other employee or employer. fertilized. This unexpected finding could have ii. The employing company will provide class of 2003. Attending one of our nation’s employees with investment education. far-reaching implications for the environment. military academies is one of the most reward- iii. The employing company may place The school-wide project included students of ing and demanding time periods these young limits on employee investment such as the different ages and the central theme allowed men and women will ever undertake. Our mili- restriction of certain forms of investment, all types of classes to be involved, such as tary academies provide the training and expe- certain risk-levels of investments, and/or si- English, history, and agriculture. The seed multaneous sums of investment trans- rience needed to help turn these young adults project, ‘‘Growing Montello Transglobally’’ is a into the finest officers in the world. actions. joint effort with students from the II Montello iv. If an employee subscribed under the region of Italy. The students communicated Mr. Speaker, without question, Lona Pieper LTIA option has a reason agreed by the em- belongs with the incoming West Point class of ploying company and employee to be a situa- over the Internet using an Italian translator program. 2003. While attending Wellington High School, tion or plausible cause for a situation of ex- in Wellington Ohio, Lona achieved a grade treme need for the invested money, the em- During a visit to Montello High in January, I ployee may withdraw the LTIA funds before had the opportunity to discuss the project with point average of 2.92, which has earned her the designated time of retirement with a ten the students and was impressed by their inter- several Merit Awards and placed her on the percent penalty to be paid to Social Secu- ests and abilities. I toured classes where stu- Honor Roll each year. In addition, Lona has rity. dents had participated in computer portions of served as Vice President of the Senior Class III. Employing companies will be given the the project, from sharing and tracking informa- and President of the Key Club. She has also option to establish a Security and Invest- tion with their sister school in Montello, Italy, been active in the French Club, Student Coun- ments Plan. cil, and Civil War Club. A. The employing must demonstrate com- to downloading and sending digital photo- petent use of the plan. If less than twenty- graphs. I was also impressed by a video docu- Not only has Lona distinguished herself in five percent of the company’s employees are mentary of the project and related activities the classroom, but she has performed wonder- not participating in the LTIA option of the that was made in conjunction with the Experi- fully on the fields of competition. An out- S&I Plan, the company will no longer be con- mental Aircraft Association (EAA). standing student-athlete, Lona is the starting sidered eligible for the plan. The Wisconsin students were able to go to centerfielder on the Wellington High School B. There will be incentives for companies Florida to view the Discovery launch in Octo- Varsity Softball Team and is the team’s Co- to subscribe under the S&I Plan. Captain. I am happy to announce that Lona is 1. An overall four tenths of a percent tax ber. They raised their own money for the trip cut for the first twelve months of the S&I in- through a variety of fund-raisers which in- being recruited for Intercollegiate Athletics at corporation and two tenths of a percent for cluded selling cookies and T-shirts and West Point. each year of incorporation thereafter. hosting a spaghetti dinner. My Speaker, at this point, I would ask my 2. The company may choose to match each Seventh and eighth grade students in the colleagues to stand and join me in paying spe- worker’s choice of LTIA investment with an Montello School system are co-authoring a cial tribute to Lona Pieper. Our service acad- equal investment in the interest of Social children’s picture book. The students devel- emies offer the finest education and military Security. In this case, the tax cuts will be raised to five tenths of a percent and three oped their own ideas for the character, plot, training available anywhere in the world. I am tenths of a percent receptively. settings and illustrations featuring children sure that Lona will do very well at West Point, 3. Corporate brokerage firms who aid com- from Montello, Italy and Montello, Wisconsin. and I wish her much success in all of her fu- panies in organized investment of the LTIA The book will feature NASA projects as seen ture endeavors.

VerDate jul 14 2003 14:27 Jan 13, 2005 Jkt 069102 PO 00000 Frm 00015 Fmt 0689 Sfmt 9920 E:\BR99\E18MY9.000 E18MY9 May 18, 1999 EXTENSIONS OF REMARKS 10015 TRIBUTE TO LESTER AND LOIS risdiction for trial over all of the suits. This is the Merchant Marines transported supplies to WHITING a general venue statute that allows a district our soldiers during war and in the face of court to transfer a civil action to any other dis- grave danger. Undeniably, the actions taken HON. MARION BERRY trict or division where it may have been and responsibilities fulfilled by these men and OF ARKANSAS brought; in effect, the court selected by the women who served in the Merchant Marines IN THE HOUSE OF REPRESENTATIVES panel simply transferred all of the cases to contributed to the outcome of World War II. As itself. According to the AO, this process has the Pittsburgh areas was one of the most Tuesday, May 18, 1999 worked well, since the transferee court was heavily recruited regions of the country by the Mr. BERRY. Mr. Speaker, I rise today to versed in the facts and law of the consolidated Merchant Marines, I have come to have an pay tribute to a distinguished couple in my litigation. This is also the one court which enormous appreciation for and ever growing community. could compel all parties to settle when appro- amount of respect for the contributions that Lester and Lois Whiting lived, worked, and priate. merchant mariners have made to our nation. raised their family in the Tichnor community The Lexecon decision alters the Section Indeed, their efforts should not be dimin- and resided there all their days. They were 1407 landscape. This was a 1998 defamation ished in any way and should be equated with both descendants of pioneer families in south case brought by a consulting entity (Lexecon) those of other armed service personnel. It is Arkansas County. They were the kind of peo- against a law firm that had represented a important to note that during World War II, ple that always cared about their neighbors plaintiff class in the Lincoln Savings and Loan Merchant Marines were subject to government and community, were always ready to do their litigation in Arizona. Lexecon had been joined control and their vessels were controlled by part for the common good. as a defendant to the class action, which the the government under the Authority of the War The Whitings were the kind of people that Multidistrict Litigation Panel transferred to the Shipping Administration. And just as with other only wanted a fair chance. They took care of District of Arizona. Before the pretrial pro- branches of the military. Merchant Marines their own business and achieved success in ceedings were concluded, Lexecon reached a traveled under sealed orders and were subject doing this. ‘‘resolution’’ with the plaintiffs, and the claims to the Code of Military Justice. Like many They brought honor and distinction to their against the consulting entity were dismissed. Members of Congress, I felt it was completely family and community with their quiet service Lexecon then brought a defamation suit unacceptable that Merchant Marines were dis- and support. They are of the ‘‘Greatest Gen- against the law firm in the Northern District for criminated against in terms of benefits and eration’’ that worked hard, played by the rules, Illinois. The law firm moved under Section lent my strong support to H.R. 1126, the Mer- and made this country what it is today. 1407 that the Multidistrict Litigation Panel em- chant Marine Fairness Act. The bill, H.R. If as some say, your children are the true power the Arizona court which adjudicated the 1126, was ultimately enacted into law as part measure of your success, then the Whitings original S&L litigation to preside over the defa- of H.R. 4110, the Veterans Programs En- are indeed successful. mation suit. The panel agreed, and the Ari- hancement Act. I have been privileged to have lived among zona transferee court subsequently invoked its While I am pleased that the Merchant Ma- wonderful people like the Whitings all of my jurisdiction pursuant to Section 1404 to pre- rine Fairness Act has been signed into law, I life. side over a trial that the law firm eventually was not pleased that the language of an im- The world is a better place because they won. Lexecon appealed, but the Ninth Circuit portant provision has been altered. Specifi- lived. I have been blessed to have had such affirmed the lower court decision. cally, the Merchant Marine Fairness Act in- friends. The Supreme Court reversed, however, cluded directive language according the rec- f holding that Section 1407 explicitly requires a ognition of Honorable Discharge to merchant transferee court to remand all cases for trial mariners whose service included time between THE MULTIDISTRICT TRIAL back to the respective jurisdictions from which JURISDICTION ACT OF 1999 August 15, 1945 to the end of 1946. The lan- they were originally referred. In his opinion, guage however, was changed to read ‘‘Certifi- Justice Souter observed that ‘‘the floor of Con- cate of Honorable Discharge’’ when the origi- HON. F. JAMES SENSENBRENNER, JR. gress’’ was the proper venue to determine nal bill was included in H.R. 4110, and was OF WISCONSIN whether the practice of self-assignment under enacted as part of Public Law 105–368. these conditions should continue. IN THE HOUSE OF REPRESENTATIVES As it has been more than half a century Mr. Speaker, this legislation responds to Tuesday, May 18, 1999 since the end of World War II and almost 20 Justice Souter’s admonition. My bill would sim- years since the struggle for equitable recogni- Mr. SENSENBRENNER. Mr. Speaker, today ply amend Section 1407 by explicitly allowing tion of merchant mariners began, I am deeply I am introducing the Multidistrict Trial Jurisdic- a transferee court to retain jurisdiction over re- concerned about the potential for the intent of tion Act of 1999 at the behest of the Adminis- ferred cases for trial, or refer them to other the original language to be misconstrued and trative Office of the U.S. Courts (or ‘‘AO’’). districts, as it sees fit. This change makes thus creating further delay in the delivery of The AO is concerned over a Supreme Court sense in light of past judicial practice under earned benefits. I urge both Secretary of De- opinion, the so-called Lexecon case, per- the Multidistrict Litigation statute. It obviously fense Cohen and Secretary of Transportation taining to Section 1407 of Title 28 of the U.S. promotes judicial administrative efficiency. I Slater to expeditiously and consistently imple- Code. This statute governs Federal multidis- therefore urge my colleagues to support the ment the new benefits provisions in accord- trict litigation. Multidistrict Trial Jurisdiction Act of 1999. ance to the intent of the original bill’s lan- Under Section 1407, a Multidistrict Litigation f Panel—a select group of seven Federal guage. Approximately 2,500 mariners and judges picked by the Chief Justice—helps to TRIBUTE TO THE U.S. MERCHANT their families are expecting and should receive consolidate lawsuits which share common MARINES no less. questions of fact filed in more than one judicial I also want to recognize the efforts of one district nationwide. Typically, these suits in- HON. MICHAEL F. DOYLE of my constituents, Mark Gleeson, for this personal involvement in, and steadfast commit- volve mass torts—a plane crash, for exam- OF PENNSYLVANIA ment to obtaining appropriate recognition for ple—in which the plaintiffs are from many dif- IN THE HOUSE OF REPRESENTATIVES ferent states. All things considered, the panel the efforts of Merchant Marines during World attempts to identify the one district court na- Tuesday, May 18, 1999 War II. Mark cares very deeply about this mat- tionwide which is best adept at adjudicating Mr. DOYLE. Mr. Speaker, I rise today to ter and played a major role in creating greater pretrial matters. The panel then remands indi- give tribute to U.S. Merchant Marines and ex- awareness about the inequitable treatment of vidual cases back to the districts where they tend my gratitude for their valiant service to Merchant Marines within the halls of Con- were originally filed for trial unless they have our country during World War II. As my col- gress. been previously terminated. leagues should be aware, May 22nd is Na- In closing, I want to thank all of my col- For approximately 30 years, however, the tional Maritime Day. leagues who were supportive of the effort em- district court selected by the panel to hear pre- In years past, I have come before the bodied in the Merchant Marines Fairness Act trial matters (the ‘‘transferee court’’) often in- House to explain in detail how the thousands and encourage them to monitor its implemen- voked Section 1404(a) of Title 28 to retain ju- of courageous men and women who served in tation. It is my hope that each and every

VerDate jul 14 2003 14:27 Jan 13, 2005 Jkt 069102 PO 00000 Frm 00016 Fmt 0689 Sfmt 9920 E:\BR99\E18MY9.000 E18MY9 10016 EXTENSIONS OF REMARKS May 18, 1999 Member of the House will take the time to rec- students. Academically, he was an honor roll INTRODUCTION OF FEDERALLY ognize the efforts of our country’s World War member in each year of high school. IMPACTED SCHOOL IMPROVE- II Merchant Marines. In addition to his stellar performance in the MENT ACT f classroom, Zeb has shown himself to be an excellent student-athlete. He has been a HAPPY ANNIVERSARY TO PRESI- HON. EARL POMEROY member of the Fostoria High School Varsity OF NORTH DAKOTA DENT LEE TENG-HUI OF TAIWAN Wrestling Team and the Varsity Football IN THE HOUSE OF REPRESENTATIVES Team. In addition, Zeb has been a member of Tuesday, May 18, 1999 HON. EVA M. CLAYTON the Spanish Club, Peer-Mediation, Youth-to- OF NORTH CAROLINA Youth, and served as the Vice President of Mr. POMEROY. Mr. Speaker, I rise today to IN THE HOUSE OF REPRESENTATIVES the Freshman Student Council. join my colleague, Congressman J.D. HAYWORTH, in introducing the Federally Im- Mr. Speaker, at this point, I would ask my Tuesday, May 18, 1999 pacted School Improvement Act. This legisla- colleagues to stand and join me in paying spe- Mrs. CLAYTON. Mr. Speaker, I wish to offer tion is designed to provide matching grants to cial tribute to Zebulon G. Wedge. Our service my congratulations to President Lee Teng-hui federally impacted schools to meet their ur- academies offer the finest education and mili- of the Republic of China on Taiwan, as Tai- gent repair and construction needs. tary training available anywhere in the world. wan celebrates the third anniversary of his The Impact Aid program was built on the I am sure that Zeb will do very well during his presence in office on May 20, 1999. premise of a shared responsibility between the career at the Air Force Academy, and I wish President Lee Teng-hui is the leader of the federal, state and local governments. Since him the very best in all of his future endeav- other China—The Republic of China on Tai- 1950, the federal government has recognized ors. wan, a country of 21 million hardworking Chi- and accepted its responsibility to assist school nese citizens who subscribe to an American districts and communities that are impacted by style of democracy—free elections, respect for f a federal presence such as a military base or human rights and a free enterprise system. TRIBUTE TO FLETCHER AND Indian reservation. The federal government Mr. Speaker, under President Lee’s leader- SYBIL SULLARDS has made payments to school districts in the ship Taiwan is a world-class nation and its citi- form of federal property, disability and basic zens enjoy one of the highest standards of liv- support payments to help cover the cost of ing in the world. HON. MARION BERRY educating federally connected children. Across As Chinese mainland students continue to OF ARKANSAS the country, 1,600 school districts and 1.5 mil- demonstrate against the United States, let’s IN THE HOUSE OF REPRESENTATIVES lion children depend on the Impact Aid pro- not forget our friends on Taiwan who have gram for a quality education. been our ally and partner throughout their his- Tuesday, May 18, 1999 Up until 1994, Congress has provided as- tory. Mr. BERRY. Mr. Speaker, I rise today to sistance to help these school districts build Mr. Speaker, once again I congratulate pay tribute and recognize Fletcher and Sybil and repair their schools, particularly districts President Lee as he celebrates his third anni- Sullards on the occasion of the celebration of whose property tax circumstances make it al- versary in office. He has done a wonderful job their 50th wedding anniversary. Fletcher and most impossible to pass school construction for his country and his people. Sybil are mother and father to Karen who they bonds. Since 1994, however, the Impact Aid f love dearly. The Sullards have actually par- school construction account has suffered. The funding provided in the section 8007 construc- IN SPECIAL RECOGNITION OF ented many many children in their years as educators in the public schools in Arkansas. tion account has become woefully inadequate ZEBULON G. WEDGE ON HIS AP- and is spread too thinly among the over two POINTMENT TO ATTEND THE They are ‘‘public servants’’ in the true spirit of the words. I think of the Biblical meaning of hundred qualifying schools. As a result, many UNITED STATES AIR FORCE of these school buildings are antiquated, over- ACADEMY servanthood when I look at the work of Fletch- er and Sybil with the young people they crowded and most troubling, compromise the served and the communities across this great health and safety of their students. I would like to draw my colleagues’ attention HON. PAUL E. GILLMOR state that they became involved. OF OHIO to two particular instances in my state where Fletcher and Sybil came to the community I IN THE HOUSE OF REPRESENTATIVES Impact Aid section 8007 construction funding live in, Gillett, in the late 1950’s. They were has fallen far short of meeting schools’ most Tuesday, May 18, 1999 there only a few short years before moving on basic repair and construction needs. The Mr. GILLMOR. Mr. Speaker, I rise today to to serve larger schools and eventually made Grand Forks school district in North Dakota pay special tribute to an outstanding young their home in Searcy, Arkansas. Their time in has been plagued by severe ventilation and man from Ohio’s Fifth Congressional District. I my community has been an example of the air quality problems for some time. The mea- am happy to announce that Zebulon G. lasting impact for good that teachers make on ger funds Grand Forks receives through sec- Wedge, of Fostoria, Ohio, has been offered an children and also in setting standards of excel- tion 8007 have not enabled the district to appointment to attend the United States Air lence for the schools they serve. make even urgent repairs. One school has Force Academy in Colorado Springs, Colo- Of the many strengths of this unique couple had to delay renovation projects because of rado. I think first of their gift of laughter. As teach- insufficient funds, and ultimately, to borrow Mr. Speaker, Zeb has accepted his offer of ers, they dealt with a serious subject—edu- from their Basic Support Payments when ren- appointment and will be attending the Air cating children—but it was fun for them. You ovation needs became too urgent to ignore. In Force Academy this fall with the incoming knew they loved what they were doing be- order to improve the air quality so that children cadet class of 2003. Attending one of our na- cause they were and always will be happy are not at risk, this one school would need tion’s military academies is an invaluable ex- people. In my opinion their greatest strength is $800,000. However, the entire Grand Forks perience that offers a world-class education in their dedication to children as individuals. school district will receive only $40,000 in sec- and demands the very best that these young This makes them truly outstanding. As edu- tion 8007 money this year. men and women have to offer. Truly, it is one cators, they knew their students, they liked Another Impact Aid school that has become of the most challenging and rewarding under- their students, thus they could challenge, en- a particular concern for me is Cannonball Ele- takings of their lives. courage and even reprimand their students. If mentary, located on the Standing Rock Res- Without question, Zeb brings a great deal of it takes a village to raise a child, the Sullards ervation in North Dakota. As a result of inad- leadership and dedication to the incoming Air are the ingredient every village needs as does equate Impact Aid construction funding over Force class of 2003. During his time at Fos- every child. the years, Cannonball has long been ne- toria High School, Zeb has achieved a high I wish continued happiness for this wonder- glected. Storage rooms have been converted level of academic excellence. Currently, he ful couple. My state, my community and my to makeshift classrooms and portions of the has attained a grade point average of 3.75, family are better for Fletcher and Sybil building that have been condemned continue which places him thirteenth in his class of 158 Sullards. to house students. Students and teachers are

VerDate jul 14 2003 14:27 Jan 13, 2005 Jkt 069102 PO 00000 Frm 00017 Fmt 0689 Sfmt 9920 E:\BR99\E18MY9.000 E18MY9 May 18, 1999 EXTENSIONS OF REMARKS 10017 often forced to move from classroom to class- Mr. Speaker, I urge my colleagues to join class of 178 students. Geoff is a three-year room to escape the stench of sewer back-up with me in honoring the 150 emergency med- member of the National Honor Society, and that permeates the building. I have walked the ical professionals being honored as ‘‘Stars of has received many awards for his academic halls of this school and have found the condi- Life’’ during National EMS Week of 1999. I excellence. tions these students face on a day-to-day commend Keith Lund for his dedication to Outside the classroom, Geoff has been a basis to be deplorable. emergency care for the people of South Flor- four-year member of the St. Francis DeSales The legislation we are introducing today of- ida as a true ‘‘Star of Life’’. Marching Bank. In his senior year, Geoff is the fers the best opportunity for Cannonball, and f leader of the percussion section. In addition, the Grand Forks School District to meet these Geoff has demonstrated his dedication and urgent construction needs. Our legislation U.S.-TAIWAN RELATIONS commitment to excellence by obtaining his would create a separate Impact Aid construc- Eagle Scout ranking with the Boy Scouts of tion account and authorize a federal appro- HON. DONALD M. PAYNE America. He has also been a Scout patrol priation of $50 million for each of the next five OF NEW JERSEY leader and summer camp counselor. fiscal years. The funding would be divided IN THE HOUSE OF REPRESENTATIVES Mr. Speaker, at this point, I would ask my equally between Indian land/federal property Tuesday, May 18, 1999 colleagues to stand and join me in paying spe- and military schools and would create a re- cial tribute to Geoffrey Earnhart. Out service serve account for emergency repair needs. Mr. PAYNE. Mr. Speaker, I rise today in academies offer the finest education and mili- Under the legislation, an individual school dis- support of President Lee Teng-Hui and Vice- tary training available anywhere in the world. trict could receive a grant up of to $3 million President Lien Chan of Taiwan as they pre- I am sure that Geoff will do very well at West any time during the five year authorization pe- pare to celebrate their anniversary in office Point, and I wish him much success in all of riod. In order to make the limited federal funds this May 20th. We are reminded once again his future endeavors. go farther, the bill targets funding directly to that we have a strong partner and friend in the those school districts located on Federal prop- Far East—The Republic of China on Taiwan. f erty or that serve a high concentration of fed- Throughout its history, the Republic of erally-connected students. Additionally, the bill China on Taiwan has always continued to fos- COMMEMORATING THE 150TH ANNI- requires districts to provide matching funds on ter good relations with the United States. VERSARY OF THE FOUNDING OF all but the small portion of funds reserved for Many of Taiwan’s leaders were either edu- THE SISTERS OF ST. FRANCIS emergencies. cated in the United States or the United King- OF ASSISI Mr. Speaker, the federal government has a dom and they, just as much as we do, believe clear obligation to federally impacted schools, in democracy and a free enterprise system. HON. GERALD D. KLECZKA and only by stepping up its support can these In the future, I hope we can continue to schools continue to provide a quality edu- work together on issues that are mutual bene- OF WISCONSIN cation to thousands of children across the ficial to both countries in the areas of democ- IN THE HOUSE OF REPRESENTATIVES country. I am looking forward to working with racy and governance, the rule of law, inter- Tuesday, May 18, 1999 my colleagues on a bipartisan basis to support national trade and the environment. Taiwan Impact Aid schools. I urge my colleagues to has always supported the United States in Mr. KLECZKA. Mr. Speaker, I rise today to support this important legislation, which would many areas as it relates to security in and out- commemorate the founding of The Sisters of enable federally impacted schools across the side of the region. I hope we can continue to St. Francis of Assisi, a congregation that is country to meet their urgent construction and do this. It is time we show our appreciation of celebrating its 150th anniversary this year. repair needs. Taiwan by offering our help to them when they In 1849, thirteen secular Franciscans emi- f need us. grated from Bavaria to establish a religious order to meet the education needs of German f HONORING KEITH LUND AS A immigrants in Milwaukee. As such, The Sisters ‘‘STAR OF LIFE’’ IN SPECIAL RECOGNITION OF of St. Francis of Assisi are the first Third GEOFFREY L. EARNHART ON HIS Order regular Franciscan congregation found- HON. E. CLAY SHAW, JR. APPOINTMENT TO ATTEND THE ed in the United States. OF FLORIDA U.S. MILITARY ACADEMY Over the years the work of the congregation IN THE HOUSE OF REPRESENTATIVES has extended to virtually every walk of life and Tuesday, May 18, 1999 HON. PAUL E. GILLMOR touched countless thousands through ministries of healing, teaching, reconciliation and Mr. SHAW. Mr. Speaker, I commend Keith OF OHIO liberation. Lund for being designated as a ‘‘Star of Life’’ IN THE HOUSE OF REPRESENTATIVES The congregation is involved in diverse min- by the American Ambulance Association. Tuesday, May 18, 1999 Keith’s selection as the ‘‘Star of Life’’ Award istries, which include: Making affordable hous- winner for Dade, Broward, Monroe and Palm Mr. GILLMOR. Mr. Speaker, I rise today to ing units available through Canticle Court and Beach Counties of Florida is an appropriate pay special tribute to a truly outstanding young Juniper Court, promoting undergraduate and honor for such a dedicated paramedic. Keith man from Ohio’s Fifth Congressional District. graduate education at the renown Cardinal has worked with American Medical Response Recently, I had the opportunity to nominate Stritch University, making affordable rental for eight years, rising from an emergency Geoffrey L. Earnhart for an appointment to at- units available to non-profit groups through the medical technician to a paramedic and super- tend the United States Military Academy at Marian Center, and offering community-based vising officer. West Point, New York. care for all ages through the innovative work Anyone who has been in an emergency sit- I am pleased to announce that Geoff has at the St. Ann Center for Intergenerational uation can easily recognize the vital impor- been offered an appointment and will be at- Care. In addition, ministries are maintained by tance of a calm, direct manner and the ability tending West Point with the incoming cadet the congregation throughout the U.S. and Tai- to work as a team member. Keith Lund em- class of 2003. Attending one of our nation’s wan through St. Colett’s organizations in Wis- bodies these to near-perfection. He handles military academies is one of the most reward- consin, Illinois and Massachusetts. And, a col- his daily work in the high-stress environment ing and demanding time periods these young laborative relationship is maintained with a as a critical care paramedic with eagerness, men and women will ever undertake. Our mili- Franciscan congregation in Cameroon, West diligence, and pride. tary academics turn these young adults into Africa. I believe it is exceedingly difficult to sepa- the finest officers in the world. In all, nearly 350 Sisters and 75 Associates rate professional life and personal life. This is Mr. Speaker, without question, Geoff be- promote the mission of the congregation in an especially complicated task for a single longs with the incoming West Point class of areas of education, pastoral ministry in par- parent. As a single father, Keith’s dedication to 2003. During his time at St. Francis DeSales ishes, hospitals and nursing homes, music his job is balanced with his dedication to his High School, in Perryburg, Ohio, Geoff has ministry, elder housing and day care service to son. Keith’s commitment to both should be achieved a remarkable grade point average of those with developmental challenges, and vol- honored and admired. 4.427, which currently ranks him tenth in his unteer work of all kinds.

VerDate jul 14 2003 14:27 Jan 13, 2005 Jkt 069102 PO 00000 Frm 00018 Fmt 0689 Sfmt 9920 E:\BR99\E18MY9.000 E18MY9 10018 EXTENSIONS OF REMARKS May 18, 1999 In the last week of July, The Sisters of St. putting FQPA’s implementation on the right sequently, this will lead to either a shortage of Francis of Assisi will bring its mission to tele- track. quality produce or increase in import from vision in a series of public education mes- The White House’s plan for FQPA imple- countries where their farmers do not follow our sages called, ‘‘We are Franciscans with a Fu- mentation contained four basic principles: stringent guidelines. It will also limit the ability ture.’’ On Sunday, May 30 the 150th celebra- sound science in protecting pubic health, regu- of agencies to control vector insects, thus tion will culminate with the May Crowning and latory transparency, reasonable transition for causing health risks for millions of Americans. on Open House. agriculture, and consultation with the public This legislation will require the EPA to per- Then, in August, another celebration will and other agencies. America’s agricultural and form a simple ‘‘transition analysis’’ on products take place with two other congregations who urban pest control community supported the before releasing any information about the share the same roots of foundation: The Fran- Vice President’s approach. safety of the product to the public or making ciscan Sisters of Perpetual Adoration from La Mr. Speaker, now, a year after the White final tolerance decisions. If the transition anal- Crosse, Wisconsin, and The Franciscan Sis- House got directly involved in FQPA’s imple- ysis determines that the Administrator is using ters of the Eucharist from Meriden, Con- mentation process, it remains derailed. It has assumptions when existing data makes the necticut. In addition, some 35 friends and pa- become clear to me that Congress must again use of the assumption unnecessary or is using rishioners from parish church in Ettenbeuren, revisit this issue. It is my humble hope, we worst case estimates, anecdotal, unverified, or Bavaria will join the celebration. They will also can revisit FQPA the way we left it, in a bipar- scientifically implausible data, the Adminis- visit the motherhouses of all three religious tisan spirit of cooperation. trator cannot make final re-registration deci- congregations. Mr. Speaker, Congress wanted a law to sions on those products until sufficient time Mr. Speaker, it is with immense pride and eliminate the scientifically inadequate and out- has been provided to allow the data to be developed, submitted and subsequently evalu- gratitude that I commemorate The Sisters of dated Delaney Clause. What Congress and ated by the Agency. St. Francis of Assisi on its jubilee anniversary the Nation got was much worse. In fact, the EPA has failed to provide scientifically sound The Administrator is required to issue rules and the wonderful contributions the congrega- to implement the FQPA properly within one tion has made to the spiritual, academic, and guidance to the regulated community. The EPA’s approach follows a path toward great year of enactment of this bill. Further, the Ad- temporal quality of life in communities close to ministrator is required to issue guidelines home and around the world. economic harm for agricultural producers and pest outbreaks causing diseases concerns for specifying the kinds of information that will be f required to support the issuance or continu- urban and suburban communities it is an ap- ation of a tolerance or exemption from the re- H.R. 1592, THE REGULATORY FAIR- proach that is without a scientific foundation. NESS AND OPENNESS ACT OF Farmers, the food industry, pest control in- quirements for a tolerance and shall revise such guidelines from time to time. 1999 terests, and many others are understandably My bill provides protections, especially to concerned. Americans want and deserve a small acreage farmers to ensure that they will HON. RICHARD W. POMBO fair, workable implementation of the bipartisan not be left without crop protection tools. This OF CALIFORNIA law. Americans want and deserve rules that legislation requires the Administrator to report IN THE HOUSE OF REPRESENTATIVES are based on real information and sound to Congress priorities for registering new prod- science. Americans want and deserve rules Tuesday, May 18, 1999 ucts that will replace products that are being that follows the Vice President’s stated goals. removed from use and expedite the registra- Mr. POMBO. Mr. Speaker, it is rare for both Americans want and deserve rules that fit tion process. This will allow the farmers to Houses of Congress to reach an agreement— FQPA’s requirements. continue to provide a safe, reliable food sup- fully bipartisan legislation. The Food Quality In order to achieve these results, I along ply. Protection Act (FQPA) was enacted in this with Mr. TOWNS, Mr. CONDIT and Mr. BOYD The USDA and EPA are required to assess manner in 1996. This bill eliminated the fa- have introduced ‘‘The Regulatory Fairness and the potential negative trade effects of imple- mous Delaney Clause for residues in raw and Openness Act of 1999.’’ This legislation main- menting FQPA. The program will monitor the processed foods—replacing it with a scientific, tains the strong safety standards established competitive strength of major United States rational standard of ‘‘reasonable certainty of by FQPA. This bill simply establishes a sci- agricultural commodity sections in the inter- no harm.’’ Food, agricultural and consumer in- entific-based process for implementing the law national marketplace. Such commodity sectors terests, as well as the pesticide industry saw which will be based on sound, peer reviewed include fruits and vegetables, corn wheat, cot- the passage of FQPA as an opportunity to as- science and open for public review. Further, it ton rice, soybeans and nursery and forest sure that sound science is paramount in ensures that agricultural producers across the products. EPA’s determinations on the use of chemicals country, who are already facing tough times, Mr. Speaker, FQPA must be implemented on crops, in homes and for public health con- will not be adversely impacted by loss of crop properly or grave results will occur. My bill cerns. FQPA required the EPA to establish protection tools because the EPA failed to use gives this Congress a chance to do something scientific, rational, sound and reasonable good science in reviewing crop protection good for the American people and the Amer- standards. tools under the new standards of FQPA. It will ican Farmer. I urge my colleagues to cospon- Mr. Speaker, sound science is what the au- also ensure the consumers’ food supply and sor this legislation. thors intended and expected. This is what food quality will not be affected by incomplete f Congress wanted—sound science as the and faulty data. THE LIVING ORGAN DONATION rule’s foundation. Further, the new law pro- MY LEGISLATION ACCOMPLISHES THE FOLLOWING vided an additional safety factor to protect in- The Regulatory Fairness and Openness Act INCENTIVES ACT OF 1999 fants and children, and new ways of assessing of 1999 lays out the problems that the EPA pesticide benefits and risks. This is something has faced over the last few years in imple- HON. KAREN L. THURMAN Congress fully supported and continues to menting the law. In many cases, the EPA sim- OF FLORIDA support. Despite strong congressional support, ply does not know what to do because the sci- IN THE HOUSE OF REPRESENTATIVES implementing the law at the regulatory level entific protocols for assessing certain crop pro- Tuesday, May 18, 1999 has been a very difficult and unnecessarily tection products under the new law have not Mrs. THURMAN. Mr. Speaker, I never complex process. been developed. Further, it highlights the ex- thought that I would come before my col- In fact, only a few months after the law was treme negative consequences if the law is im- leagues to discuss the importance of organ passed, the FQPA implementation process plemented improperly. For example, donation. Frankly, it was never an issue until broke down. Members of Congress voiced organophosphate insecticides are used on 70 seven years ago—organ donation was some- their concern. The problems were so great percent of the acres treated in the United thing other people did and organ transplants and concerns from America’s agricultural in- States and are used to control of vector in- affected other people’s families. dustry so substantial that Vice President Gore sects that spread diseases. If the EPA con- Well, I am here to tell you that this issue sent a memorandum to both the Department tinues on their current path, many of these can affect anyone. You never know. of Agriculture and the Environmental Protec- products could be lost. Farmers will be left My husband, John, suffers from Polycystic tion Agency on April 8, 1998. This memo- without replacement products and exposed to Kidney Disease. John endured years of dialy- randum laid out the White House’s plan for major losses due to pest outbreaks. Con- sis while awaiting a kidney transplant. In 1996,

VerDate jul 14 2003 14:27 Jan 13, 2005 Jkt 069102 PO 00000 Frm 00019 Fmt 0689 Sfmt 9920 E:\BR99\E18MY9.000 E18MY9 May 18, 1999 EXTENSIONS OF REMARKS 10019 after waiting three years for a kidney, we fi- paid leave in any one calendar year to parents today in my office here in Washington, D.C. nally received word that the local organ pro- to care for their newborn or newly adopted Mr. Stanley was introduced to me by Jessika curement organization (OPO) in Gainesville, child or a seriously ill child, spouse, or parent Fretwell, a Student from Laurel Elementary Florida found a matching organ. and to temporarily disabled workers. This pro- School in Ft. Collins, Colorado. In a country where about 5,000 Americans vision would specify that living organ donation Together, Mr. Stanley and Miss Fretwell are die each year because there are not enough would qualify as a reason to take leave. In ad- trying to see how far and wide Flat Stanley donated livers, kidneys and other organs to go dition, by singling out living organ donation as can travel in a short period of time. This ex- around, John was clearly one of the lucky a qualifier for FMLA, Congress can bring periment, I understand, is being conducted as ones. much needed attention to the benefits of this part of a classroom activity in Miss Cooper’s The sad fact is that the disparity between type of donation. Class. the supply and demand of organs available for In addition, this legislation would allow the I hereby certify, Mr. Speaker, that Flat Stan- transplant contributes to the deaths of eleven Secretary of Health and Human Services ley arrived in Washington, D.C. today. Should people daily. This is not just a problem, this is (HHS) to develop a grant program to aid indi- any of our colleagues wish to meet him, they a health care crisis. Between 1988 and 1996, viduals with the high costs associated with liv- may inquire about his status at my office. the number of people on the waiting list for an ing organ donation. Medicare currently pays There, Mr. Stanley will be resting for most of organ transplant increased by 312 percent and for the costs associated with a number of solid Wednesday. organ transplants. However, Medicare does the number of wait list deaths increased 261 f percent. Additionally, in 1996, a new name not cover the costs of travel, lodging, child was added to the transplant waiting list every care, etc. These costs can be an extremely INTRODUCTION OF THE FEDER- nine minutes. difficult burden for many potential donors. By ALLY IMPACTED SCHOOL IM- Viable, transplantable organs are provided developing a grant program for eligible bene- PROVEMENT ACT from two primary sources: brain-dead victims ficiaries, Congress could help increase the of trauma (cadaveric donation) or living organ number of living organ donations. This legislation would also increase the pay- HON. J.D. HAYWORTH donors. The National Kidney Foundation ment amount (referred to as the ‘composite OF ARIZONA (NKF) believes that we have only begun to tap rate’) by 2.9 percent for renal dialysis services IN THE HOUSE OF REPRESENTATIVES the potential of living organ donation. Sci- under Medicare. The current rate has re- Tuesday, May 18, 1999 entists and organ donation proponents alike mained essentially unchanged since 1983, Mr. HAYWORTH. Mr. Speaker, today I intro- firmly believe that increasing the frequency of and the Medicare Payment Advisory Commis- duced the Federally Impacted School Improve- living organ donation would not only increase sion recently expressed concern that quality of ment Act with my good friend from North Da- the availability of organs but also lessen the dialysis services may decline if the rate is not kota, Congressman Earl Pomeroy. This bipar- transplantation rejection rate and reduce costs increased. In recent years, costs have risen in tisan legislation seeks to address the urgent associated with dialysis. relation to the composite rate. In fact, the However, living donors are faced with loss independent and nonpartisan Medicare Pay- school construction needs on federal lands, an of income attributable to the time away from ment Advisory Commission (MedPAC) re- issue I have championed since I was first work needed for evaluation, surgery and recently expressed concern that without an in- elected to Congress. covery, making it difficult to pay rents, mort- crease in the payment the quality of dialysis As you know, Mr. Speaker, the federal gov- gages and other bills. There are also costs as- services may decline. ernment has jurisdiction over schools in three sociated with their donation which are not re- This legislation is supported by the National cases—Indian reservations and military instal- imbursable by Medicare: for example, travel, Kidney Foundation, American Society of lations, which are funded through the Impact lodging, meals and child care. I firmly believe Transplantation, National Renal Administrators Aid program, and the federal enclave of the that Congress should take a more proactive Association, American Society of Transplant District of Columbia. Unfortunately, the federal role in promoting living organ donation by ad- Surgeons, American Society of Nephrology, government has failed to live up to its obliga- dressing these financial disincentives. American Neprhology Nurses Association, tions to federally impacted schools, especially According to a study by researchers at the North American Transplant Coordinators Orga- in Indian country. University of North Carolina at Chapel Hill, 24 nization, Patient Access To Transplantation Nearly one in four of my constituents are percent of family members indicated that fi- Coalition, Renal Physicians Associations. Native American and approximately 50 per- nancial issues kept them from being living I would also like to thank and express my cent of the land mass in my district is tribal organ donors. Four donors in their study alone appreciation for the ideas and suggestions I land. On several occasions, I have had the lost their jobs when they revealed to their em- received from these organizations. In par- opportunity to visit my Native American con- ployers their plans to be living related donors ticular, I would like to acknowledge the constituents. Virtually everywhere I go, I find one and the need to have recovery time after sur- tributions of Troy Zimmerman and Dolph common problem on the reservations: the gery. Chianchiano with the National Kidney Founda- schools are antiquated, overcrowded, and in We need a concerted and well-established tion, Gwen Gampel with the National Renal dire need of repair or reconstruction. policy on living organ donation in this country. Administrators Association, and Kathy Lanza The Federally Impacted School Improve- We should not only seek to provide the best Turrisi, Program Director of the Medical Uni- ment Act begins to address this desperate sit- quality-of-life for our constituents, but also do versity of South Carolina. Together, we have uation by authorizing $50 million to be spent so in a fiscally responsible manner. By remov- crafted legislation that will tear down the dis- on repair, renovation, and construction in our ing some of the financial disincentives associ- incentives associated with living organ dona- federally impacted school districts. As you ated with living organ donation, Congress can tion. may know, Impact Aid school construction is ensure better graft survival rates, increase the Mr. Speaker, in the world of organ donation, currently funded through Section 8007. This number of organs available for transplantation, supply simply does not meet demand. To- program received a paltry $7 million in fiscal and reduce the costs associated with dialysis gether, we need to develop strategies for year 1999, which could have built the equiva- and repeat transplantation. greater organ donation. I urge my colleagues lent of one school. There is certainly a need That is why today I am introducing the Liv- to join me in cosponsoring this important and for more than one new school in my district ing Organ Donation Incentives Act of 1999. urgent legislation. alone. In fact, I testified before the House Ap- This legislation would amend the Family and f propriations Subcommittee on Labor, HHS, Medical Leave Act (FMLA) to allow living RECOGNIZING FLAT STANLEY and Education in 1998 about the importance organ donation to qualify as a reason for tak- of school construction funding for federally im- ing time off work. This would include time pacted schools and included documentation of spent for tests, evaluations, travel time and re- HON. BOB SCHAFFER nearly $180 million in needed school construc- OF COLORADO cuperation. The FMLA currently covers em- tion funding in just five of my 23 federally im- IN THE HOUSE OF REPRESENTATIVES ployers in the private sector with 50 or more pacted school districts. This problem is not employees and most public employees at the Tuesday, May 18, 1999 isolated to my district. Almost every federally federal, state and local level. Under FMLA, Mr. SCHAFFER. Mr. Speaker, I rise today impacted school district faces similar prob- employers are required to grant 12 weeks un- to recognize Flat Stanley who showed up lems.

VerDate jul 14 2003 14:27 Jan 13, 2005 Jkt 069102 PO 00000 Frm 00020 Fmt 0689 Sfmt 9920 E:\BR99\E18MY9.000 E18MY9 10020 EXTENSIONS OF REMARKS May 18, 1999 Mr. Speaker, this legislation represents a REGARDING ROLLCALL VOTES ON proved by the conference committee, prohibits start in improving the schools on military and H.R. 1664 the federal government from recovering any of Indian lands. But this is only a beginning. We the federal share of the master settlement need to show our commitment to our military HON. JUANITA MILLENDER-McDONALD reached between the states and the tobacco industry. When the states brought their indi- and Native Americans, who have long been OF CALIFORNIA vidual cases against the tobacco industry, they IN THE HOUSE OF REPRESENTATIVES neglected by the federal government. We did so to recover certain health care costs, in- must live up to our obligations to educate chil- Tuesday, May 18, 1999 cluding Medicaid costs. Since the federal gov- dren on federal land. I urge my colleagues to Ms. MILLENDER-MCDONALD. Mr. Speaker, ernment pays a portion of these costs, I be- support the Federal Impacted School Improve- we were elected to the ‘‘people’s House,’’ lieve the federal government has a right to de- ment Act. without question the most deliberative body in termine which activities it should fund with its the world. As such, when legislation comes to share of the settlement. While I believe the f the floor of this House, Members should have federal government should return the federal every opportunity to amend and perfect it be- share to the states, it should only be done if IN SPECIAL RECOGNITION OF BOB fore we pass it on to the Senate. It is our duty. the federal share is spent on tobacco control AND LOUISE VOELZKE ON THE It is our obligation. and other programs which seek to improve the OCCASION OF THEIR FIFTIETH Last Thursday, the Republican Leadership public health. WEDDING ANNIVERSARY in the House presented H.R. 1664, the This rider does nothing to ensure that any Kosovo and Southwest Asia Emergency Sup- money form the settlement is spent on impor- plemental Appropriations Act of 1999. The tant anti-smoking programs and public health programs. This is wrong. In my view, returning HON. PAUL E. GILLMOR measure provided $12.9 billion for emergency the federal share to the states without proper spending to support the ongoing military oper- OF OHIO accountability abdicates our duty to ensure ations in Kosovo. The request was $6.9 billion this federal money is invested and spent wise- IN THE HOUSE OF REPRESENTATIVES above the President’s request which by all ac- ly. Throughout the country, governors, state counts was more than adequate to fund our Tuesday, May 18, 1999 legislatures and citizens are debating how mission overseas. H.R. 1664 was presented their settlements should be spent. While a to this body under a restrictive rule that limited Mr. GILLMOR. Mr. Speaker, I rise today to great deal of these proposals may be admi- the Minority’s opportunities to perfect the bill. recognize a very special couple from Ohio’s rable, some are not targeted to improving Fifth Congressional District. Mr. Speaker, on For this reason I opposed the rule. health care and control tobacco, as intended While the rule was passed, it did allow Saturday, May 15, 1999, in the presence of by the settlement. many of their family members, neighbors, and some Democratic amendments. One of those According to the Campaign for Tobacco amendments was the Obey amendment which friends, Bob and Louise Voelzke celebrate a Free Kids, approximately 5,000 children in restored $1.5 billion to the budget surplus that Rhode Island each year become new daily milestone day in their lives. On May 15, at the the Committee bill removed to fund the con- Ballville Community Hall in Fremont, Ohio, smokers and 35% of high school students struction of military projects overseas. The smoke. Nearly one million packs of cigarettes Bob and Louise celebrate their fiftieth wedding Obey amendment made increases in military are sold to minors in Rhode Island each year. anniversary. pay and effectively dealt with the issue of re- If current trends continue, it is estimated that Mr. Speaker, the celebration of the sanctity tirement by not making it subject to future leg- 23,000 of Rhode Island’s children will later die of marriage is one our most cherished and islation. The Obey measure also provided from smoking. On behalf of the children in my time-honored traditions. Throughout the ages, funds for disaster assistance for the victims of state and the countless children and adults Hurricane Mitch. husbands and wives have reaffirmed their throughout this nation who are negatively im- The Obey amendment was defeated along pacted by smoking, I urge the fifty governors, trust, faith, and, most importantly, love for with other amendments that sought to restore each other on their wedding anniversaries. On state legislators and citizens to work together funds to the budget surplus. Even though the to ensure this federal money is invested wisely this most treasured day, we, as their friends, Obey amendment failed, I voted for H.R. 1664 in tobacco control and public health. neighbors, coworkers, and family members, during final passage. When our troops, our f have the opportunity to recognize them for sons and daughters, are engaged in military their commitment, their sharing, and their love conflict overseas, we must lay aside our par- THE FORMATION OF THE ALLI- for each other. tisan differences and give them the financial ANCE OF AUTOMOBILE MANU- FACTURERS The day on which two people are united in and moral support they need. While the Major- ity failed to do this and used H.R. 1664 to marriage is much more than simply a cere- fund pork projects abroad, I felt compelled to HON. FRED UPTON mony, with wedding vows and the exchanging rise above Party and vote for my country by OF MICHIGAN of rings. It is the true union of two individuals casting my vote in support of H.R. 1664. I HON. DALE E. KILDEE who then become one, inseparable entity. It is voted for our troops—our sons and daughters OF MICHIGAN the common bond and an unwavering dedica- who willingly lay their lives on the line for our IN THE HOUSE OF REPRESENTATIVES tion to each other than will help the marriage national security and for freedom. Tuesday, May 18, 1999 through good times and bad. f Mr. Speaker, for the past fifty years, Bob Mr. UPTON. Mr. Speaker, as the co-chairs ENSURE ACCOUNTABILITY WITH of the Congressional Automobile Caucus, we and Louise Voelzke have shown how love, THE FEDERAL SHARE OF THE rise to recognize the newly formed Alliance of compassion, and conviction are the corner- TOBACCO SETTLEMENT Automobile Manufacturers on the occasion of stones of their long and lasting marriage. Their the inaugural meeting of its Board of Directors. strong commitment to each other is an exam- HON. ROBERT A. WEYGAND In Washington today, we hear a lot about ple for each of us to follow. OF RHODE ISLAND reinvention. The Alliance is a perfect example Mr. Speaker, at this time, for myself and the IN THE HOUSE OF REPRESENTATIVES of a major industry ‘‘reinventing’’ itself to remembers of the 106th Congress, I would ask flect new world realities. The American auto Tuesday, May 18, 1999 industry has undergone a remarkable trans- my colleagues to stand and join me in paying Mr. WEYGAND. Mr. Speaker, I rise today to formation in the past few years with the merg- special tribute to Bob and Louise Voelzke on express my extreme disappointment with the ers and alliances between U.S. manufacturers the occasion of their fiftieth wedding anniver- inclusion of a particular legislative provision and manufacturers around the globe. While its sary. May the love and happiness they have within the conference report for the FY 1999 predecessor organization was composed of found stay with them far into the future. Again, Emergency Supplemental Appropriations Bill. solely U.S. companies, the new Alliance em- best wishes and congratulations on fifty won- This legislative rider, attached to the appro- bodies the global market place, with 10 mem- derful years together. priations legislation in the other body and ap- ber companies from around the globe.

VerDate jul 14 2003 14:27 Jan 13, 2005 Jkt 069102 PO 00000 Frm 00021 Fmt 0689 Sfmt 9920 E:\BR99\E18MY9.000 E18MY9 May 18, 1999 EXTENSIONS OF REMARKS 10021 The Alliance of Automobile Manufacturers, services and programs. The Genesis Club physical therapy and speech-language pathol- an international coalition of car and light truck works to encourage and empower individuals ogy, and one for occupational therapy—pro- manufacturers, was formed this past January. with mental illness to function and maintain vided outside the hospital setting. In practice, The member companies include BMW, independence in their living, working, and so- these limits ignore a patient’s clinical require- DaimlerChrysler, Fiat, Ford, General Motors, cial environments. Since its founding ten years ments and restrict care for those who suffer Mazda Nissan, Toyota, Volkswagon, and ago, The Genesis Club has helped more than from the most debilitating diseases, such as Volvo. The new trade association created by 800 individuals cope with mental illness stroke, hip fracture, or ALS, and those who this powerful Alliance of automobile manufac- through its supportive atmosphere, which fos- incur multiple injuries in a given year. And be- turers promises to be an organization that is ters vocational and social development, em- cause the caps are not adjusted for cost vari- nimble enough to respond to rapidly changing braces individuals, and leads to personally ations across the nation, they disproportion- issues that reach across the ever-shrinking satisfying and socially productive lives. I and ately harm beneficiaries in high cost areas. Fi- global marketplace. my fellow residents of Worcester and the Third nally, because the new consolidated billing Members of the Alliance have gone on the Congressional District of Massachusetts are rules imposed by BBA require all filing for pa- public record as committed to developing con- understandably proud of The Genesis Club, tients in skilled nursing facilities to be done by structive approaches. Moreover, the Alliance their programs, and their accomplishments. the facility itself, those facilities that provide pledges to work with government and other On May 19, 1999, The Genesis Club will adequate therapy services to their sickest pa- stakeholders to find sensible and effective so- warmly welcome former First Lady Rosalynn tients feel the brunt of the payment limits. lutions to shared concerns. We have already Carter, who, throughout her public service ca- When BBA was being written and debated, witnessed this constructive approach to reer, has been a driving force in the field of Congress held no hearings to examine what issues. On May 1, President Clinton unveiled mental health. It was while Mrs. Carter was the impact of these arbitrary limits might be on EPA’s proposed ‘‘Tier 2’’ standards to reduce serving as active honorary chair of the Presi- patient care. The caps were a crude budget vehicle emissions and sulfur content in fuel. dent’s Commission on Mental Health during cutting measure designed to deliver savings— Prior to this announcement, the Alliance had the Carter Administration that the Mental $1.7 billion over five years. And in that regard, called for reduction in nitrogen oxide emis- Health System Act of 1980 was passed. In ad- they were successful. The therapy caps were sions and sulfur-free fuel to provide cleaner dition, in 1982, President and Mrs. Carter implemented on January 1, 1999. Since that cars and cleaner air. EPA’s proposal and the founded the Carter Institute, which strives to time, I have heard that in my district, some Alliance are similar. The Alliance generally relieve suffering in our country and around the Medicare beneficiaries in SNFs have already supports the clean air targets that EPA has world by focusing on the cause and con- exceeded their limit. Some estimates indicate proposed, including cars and trucks meeting sequences of war, hunger, poverty, and that one of every six beneficiaries who receive the same average standards for nitrogen ox- human rights abuses. I thank Mrs. Carter for rehabilitative care outside a hospital setting ides. the support and encouragement her visit will will need in excess of $1,500 in services in a The Alliance companies operate 255 manu- bring to The Genesis Club. given year. The Health Care Financing Admin- facturing facilities in 33 states. They produce Therefore, I rise today both in tribute of The istration’s own words in the regulation imple- more than 90% of all new vehicles sold each Genesis Club of Worcester, Massachusetts, menting the cap, from the Federal Register of year in the United States. and their efforts on behalf of those suffering November 2, 1998, illustrate the problem: The Alliance stands ready to provide its from mental illness, and former First Lady The $1,500 limits will reduce the amount of views and comments on automotive concerns Rosalynn Carter, who, by her visit, honors therapy services paid for by Medicare. The both my district and The Genesis Club. patients most affected are likely to be those to Members of Congress as we debate issues with diagnoses such as stroke, certain frac- f of importance to the industry and consumers. tures, and amputation, where the number of It has a dedicated staff of professionals, led by MEDICARE REHABILITATION BEN- therapy visits needed by a patient may ex- Josephine Cooper, who have a long record of EFIT IMPROVEMENT ACT OF 1999 ceed those that can be reimbursed by Medi- experience and knowledge of automobile care under the statutory limits. Services not issues. HON. BENJAMIN L. CARDIN paid for by Medicare, however may be paid A key component to developing good public for by other payers. OF MARYLAND policy is having an open dialogue with groups But what about Medicare enrollees who IN THE HOUSE OF REPRESENTATIVES impacted by our decisions. We are confident cannot afford high-priced supplemental insur- that the Alliance and its member companies Tuesday, May 18, 1999 ance policies to cover the balances? Clearly, will play a vital role in developing creative and Mr. CARDIN. Mr. Speaker, I rise along with some relief is necessary so that all patients constructive solutions to the issues before the my colleagues FRANK PALLONE, JIM MCCRERY, with serious conditions have access to ade- Congress. and RICHARD BURR, to introduce the Medicare quate therapy services and the opportunity to f Rehabilitation Benefit Improvement Act of resume normal activities of daily living. 1999. This legislation is an urgently needed, In the last Congress, I introduced bipartisan IN HONOR OF THE GENESIS CLUB common sense approach that will help repair legislation that would eliminate the arbitrary AND THE VISIT OF MRS. a damaging provision passed by Congress therapy cap and instead pay for outpatient re- ROSALYNN CARTER nearly two years ago. habilitative services based on the patient’s di- In recent years, cost pressures on the Medi- agnosis. But Congress adjourned without hold- HON. JAMES P. McGOVERN care program have resulted in Congress im- ing hearings on that bill. This year, we are be- OF MASSACHUSETTS posing $115 billion in cuts on the Medicare ginning to witness the consequences of our IN THE HOUSE OF REPRESENTATIVES program through the Balanced Budget Act of failure to act. So today, I am pleased to join 1997. As a result, we have seen sharp reduc- my colleagues in sponsoring the ‘‘Medicare Tuesday, May 18, 1999 tions in payments for the elderly’s care. Some Rehabilitation Benefit Improvement Act,’’ Mr. MCGOVERN. Mr. Speaker, I rise today of these cuts can be absorbed by our health which is specifically designed to provide relief in tribute to The Genesis Club of Worcester, care system. Others, however, cannot, and to beneficiaries who need greater levels of Massachusetts and note the visit on May 19, are having a devastating impact on the quality care. This bill creates limited exceptions to the 1999, of former First Lady Rosalynn Carter to of patient care being delivered to the most $1,500 cap so that those patients who need the club. frail, sickest Medicare beneficiaries. The Con- additional care the most will be able to con- The Genesis Club was founded in 1988 by gressional Budget Office has just reported that tinue to receive it. The bill also requires the a small group of local business leaders and actual BBA cuts to Medicare will exceed by Secretary of HHS to study the impact of this professionals whose family members were billions of dollars what Congress intended for legislation on beneficiaries and to develop al- struggling with mental illness. Since its found- the five years from 1998 through 2002. It is ternatives to the $1,500 limits. This will help ing, The Genesis Club has developed a com- time to look at what Congress actually did, Congress determine if the caps for rehabilita- prehensive model of support and rehabilitation and where appropriate, make necessary tive therapy services should continue. in which participants are not patients or cli- changes. This legislation is a common sense ap- ents, but members who participate fully in BBA imposed annual $1,500 caps on Part B proach that will permit Medicare patients who management, employment, and therapeutic outpatient rehabilitative services—one for need intensive therapy services to secure the

VerDate jul 14 2003 14:27 Jan 13, 2005 Jkt 069102 PO 00000 Frm 00022 Fmt 0689 Sfmt 9920 E:\BR99\E18MY9.000 E18MY9 10022 EXTENSIONS OF REMARKS May 18, 1999 appropriate level of care for their conditions. It I would like people to focus on these gentle- FIRE POLICE has the strong endorsement of several organi- men as a contrast to the youth that I just men- Nelson Fogle, Karl Haas, Fire Police Cap- zations, including the American Health Care tioned. Instead of destructive parties, BOI has tain; Roy Kern, Fire Police Lieut.; Glenn Association, the American Occupational Ther- controlled and safe settings where fun is the Stahley, Ronald Paulus, Robert Bold, Dennis apy Association the American Speech-Lan- focus. Instead of violating the law, BOI works Oels guage-Hearing Association, the National Asso- within the parameters of rules. Instead of lit- NORTH WHITEHALL TOWNSHIP RESCUE SQUAD ciation of Rehabilitation Agencies, and the Pri- tering our community with beer cans and Ron Rutt, Rescue Lieut; Tom Hourt, Res- vate Practice Section of the American Physical spreading bottles across lawns, BOI is spread- cue Lieut.; Ronald Stahley, Rescue Capt.; Therapy Association. I urge my colleagues to ing a message of positive change and service Steve Fetherolf, Scott Gicking, Ronald Pau- lus, Richard Ruch, Marvin Belles, Keith join me in support of this essential measure to throughout our community. Fenstermacher, Charles Weidaw, Charles restore adequate therapy outpatient rehabilita- Mr. Speaker, some of these young men, Mr. Eckhart, Todd Kern, Nelson Fogle, Keith tive coverage to those beneficiaries most in Collier and Mr. Redmon in particular, will be Zehner, Daniel Wehr, Robert Rudelitch, Gary need. heading to college. As they prepare to write Cederberg, Jamie Ebert, Mark Kaintz, Kenny f what I am sure will be another successful Reimert, Jim Steward, Gary Frederick. chapter in their lives, they are also passing 75TH ANNIVERSARY COMMITTEE REGARDING BLACK ORIGINAL down their business lessons to the youngest George Wessner, Harold Ruch, Rose Bobin, INDIVIDUALS of their members. I commend Mr. Collier and Eleanor Kressley, Carol Wessner, Faye Ruch, Mr. Redmon for teaching the young for the John Schaeffer, Delores Wehr, Jean Horwith, HON. EDDIE BERNICE JOHNSON benefit and sustenance of the group as a Betty Moll, Ron Nederostek, Bernie OF TEXAS whole. Quite often we hear about the success- Molchany, Eva Feinour, Sandy Bradley, Marie Bittner, Betty Holler, Nancy Kern, IN THE HOUSE OF REPRESENTATIVES ful, both young and old, forgetting to pass their Roy Kern, Wayne Moll, Nelson Fogle, Terry Tuesday, May 18, 1999 lessons and experiences to those who will Dunbar, Ellsworth Meckel, Dennis Bittner, come after them. I am pleased that this is not Richrd Solt, Kathy Ruch, Richard Ruch, Ms. EDDIE BERNICE JOHNSON of Texas. the case with the members of BOI. Diane Fries, Eleanor Stettler, June Mr. Speaker, in a time where our young Afri- On behalf of the constituents of the 30th Handwerk. can-American males are depicted in the news congressional district, I thank BOI for their OFFICERS 1924 TO 1998 as at-risk youth, criminals, drug dealers, and service to our community and wish them con- PRESIDENTS’ NAMES AND YEARS SERVED high school dropouts, we forget that there are tinued success. positive young men among them who are J. Eric Linde, 1924–1941. f Victor Haas, 1942–1945. changing their environment for the better. As REPORT FROM PENNSYLVANIA David Klotz, 1946. a matter-of-fact, many young African-American Raymond Baer, 1947–1948, 1950–1951. males are succeeding in our society and are HONORING SCHNECKSVILLE COM- Warren Rohrback, 1949. making their communities both proud and MUNITY FIRE COMPANY Mosby Heinly, 1952. strong. Ellsworth Meckel, 1953, 1967–1972, 1982. Mr. Speaker, it is with tremendous pride that HON. PATRICK J. TOOMEY Robert Heinly, 1954. Carl Correll, 1955. I rise to pay tribute to eight young African- OF PENNSYLVANIA Wayne Moyer, 1956–1957. American gentlemen in my district who are IN THE HOUSE OF REPRESENTATIVES Donald Hersh, 1958. using their energy, talent, and intelligence to Tuesday, May 18, 1999 Paul Schneck, 1959. serve others in their community. I truly believe John J. Meckel, 1960. that their accomplishments have cut through Mr. TOOMEY. Mr. Speaker, I rise today to Russel Grim, 1961–66. the dark and gloomy media depictions of Afri- deliver my Report from Pennsylvania. Today, Gordon Werley, 1973–75. can-American males. I would like to share with my colleagues and Ted Rothrock, 1976–1978, 1980–1981, 1983– Mr. John Kemp, Mr. Brandon Collier, Mr. the American people the remarkable efforts of 1986, 1997–1999. Clayton Redmon, Mr. William Hudson, Mr. B.J. individuals in Schnecksville, Pennsylvania. John Schaeffer, 1979, 1988–1989. Karl Haas, 1987. Armstrong, Mr. Rodrick Coaxum, Mr. Zandrian All across the Lehigh Valley, my wife, Kris, and I meet so many wonderful people. We Robert Gibiser, 1990–1994. Harp, and Mr. Andre Griffin are all members of John Ruch, 1995–1996. ‘‘Black Original Individuals.’’ Better known as learn of and hear about amazing individuals who strive day and night to make our commu- VICE PRESIDENTS’ NAMES AND YEARS SERVED BOI, they formed this organization from a part Stanley Peters, 1924. of an entertainment group already established nities better places to live. I like to call these individuals Lehigh Valley William Long, 1924. called Dream Entertainment. M.D. Wehr, 1924–1926. BOI has been designed by these young Heroes. Lehigh Valley Heroes make a dif- Asa M. Stopp, 1924–1925. men to take the social and financial benefits of ference by helping their friends and neighbors. Wilson Shankweiler, 1924. hosting parties and turn them into a business Mr. Speaker, everyone involved with the William Heiney, 1925–1932, 1951. practice that serves them and their community Schnecksville Community Fire Company are Guy Kohler, 1925–1944. in a positive manner. Besides teaching them Lehigh Valley Heroes. Wilson Schuler, 1925, 1927–1945. Steward Peters, 1926. successful business skills, their operation is a This weekend, the Schnecksville Fire Com- pany will celebrate 75 years of service to their Preston Holben, 1926. great example of teamwork, strategic planning, William Peters, 1927–1941. communications skills, and volunteerism. I am community. For this reason, I would like to Homer Frey, 1927–1928. confident that these young men will continue commend and applaud their efforts—both past John Henninger, 1928–1932. to apply these lessons throughout their lives. and present—in making our community a bet- Howard Heinly, 1929–1932. Mr. Speaker, what is particularly notable of ter place. Walter E. Bittner, 1933–1942. their work is that they have been using the Mr. Speaker, this concludes my Report from Malcolm Hummel, 1942. Pennsylvania. Donald Best, 1942–1943. profits to fund future enterprises and use the Richard Reitz, 1942. rest of the money to set up a scholarship fund Mr. Speaker, I insert the following for printing in the RECORD: Ellsworth Meckel, 1943, 1954, 1956, 1958, that will be open on a community-wide basis 1975–1981. for minorities. This is a great example of hum- THE 1998 SCHNECKSVILLE FIRE TEAM Theodore Rau, 1943. ble and positive individuals giving back to oth- Richard Ruch, Keith Fenstermacher, Asst. David Klotz, 1944–1948. ers. Engineer; Steve Fetherolf, Lieut.; Todd Raymond Baer, 1944–1945, 1948–1949. Mr. Speaker, not too long ago some high Kern, Asst. Chief; Keith Zehner, Asst. Chief; Wm. J.D. Heintzelman, 1945. school students in my area had an experience Jason Zellner, Ronald Paulus, Scott Gicking, Fred Dotterer, 1945. Rev. Michael Bodnyk, Chaplain; Ronald Dun- Franklyn Bittner, 1945. contrary to the gentlemen I cite today. During stan, Engineer; Tim Henry, Marvin Belles, Walter Best, 1946–1950. the fall, hundreds of students disrupted parts Nelson Fogle, Lieut.; Tom Hourt, Captain; Victor Haas, 1946. of the Dallas area with dangerous underage Ronald Stahley, Chief; Keith Stahley, Wilmer Stahley, 1946. drinking, noise violations, littering and basic Charles Weidaw, Daniel Wehr, Jody Blose, Willis Smoyer, 1947–1950. disrespect for our community. Brad Petrahoy. Warren Rohrback, 1948, 1957.

VerDate jul 14 2003 14:27 Jan 13, 2005 Jkt 069102 PO 00000 Frm 00023 Fmt 0689 Sfmt 0634 E:\BR99\E18MY9.000 E18MY9 May 18, 1999 EXTENSIONS OF REMARKS 10023 Jacob Weber, 1950. Guy Kohler, 1929–1943. Carl Carroll, 1956. Henry Musselman, 1951–1953. Mosby Heinly, 1944–1954. Donald Bittner, 1957–1959, 1963. Mosby Heinly, 1951–1953. Nelson Tyson, 1955–1977. Harold Schoch, 1960–1962, 1967–1970. John J. Meckel, 1952–1963. David Samuels, 1978–1986. Warren Follweiler, 1964. Raymond Krause, 1952. Milt Brown, 1987–1988. Carl Madtes, 1965–1966. Roy Smoyer, 1954. Ron Stahley, 1988–1999. Leroy Krause, 1955–56, 1961. John Schaeffer, 1971–1974. ASSISTANT FIRE CHIEFS’ NAMES AND YEARS Mike Kondravy, 1955. Frederic Xander, 3 Mos. 1973. SERVED William Jones, 1957–1958. Lee Merkel, 1975–1979. John Liscka, Jr., 1959. Ralph Rabert, 1924–1944. Mervin Peters, 1980. Guy Kohler, 1924–1928, 1944. Earl Warmkessel, 1959. John Ruch, 1981. John Henninger, 1928–1932. William Schock, 1960. Keith Stahley, 1982–19987. Wayne Moyer, 1960–1962. Fred Heinly, 1929–1932. Stewart Helfrich, 1960. Wilson Schuler, 1933–1941. John Strauss, 1988. Donald Bittner, 1962. Ellsworth Meckel, 1942–1943, 1945. Mike Bennett, 1990–1991. Donald Kern, 1963, 1965. Raymond Baer, 1945–1946, 1949, 1951–1961. Dennis Oels, 1992–1996. Warren Follweiler, 1963, 1973–1974. Raymond Krause, 1946–1948, 1950–1956, 1958. Bea Kuntz, 1997–1999. Russell Rader, 1964. Frank Kovacs, 1947. TREASURERS’ NAMES AND YEARS SERVED Willard Holben, 1964–1966. Roy Smoyer, 1948–1949. Thomas Dennis, 1966, 1971. Philip Anthony, 1950. Alphenus Guldner, 1924–1948. Harold Schoch, 1967–1969. Nelson Tyson, 1954. David Klotz, 1949–1958, 1967–1974. Zolton Papp, 1967–1968. Wayne Moyer, 1957, 1961–1966. Ellsworth Meckel, 1959–1966. Stanley Traub, 1967. Paul Schneck, 1959–1962. Harold Ruch, 1975–1979, 1987–1989. David Schneck, 1969–1970, 1973. Russell Rader, 1963. Randy Stahley, 1980–1985. Frank Kovacs, 1970. Warren Follweiler, 1964–1969. Kathy Lindenmoyer, 1990–1996. David Samuels, 1971–1972. Floyd Fenstermaker, 1967–1970. Shirley Bachert, 1997–1999. Gordon Werley, 1972. David Schneck, 1970–1972. Robert Haberern, 1973. Stanley Bruder, 1971–1973. RECORDING SECRETARIES’ NAMES AND YEARS Warren Follweiler, 1973–1975. David Samuels, 1973–1974. SERVED David Schneck, 1973. Robert Newhard, 1974. Harold Ruch, 1974. Frank W. Bechtel, 1924–1927. Russ Fetherolf, 1975–1976. Edwin K. Greenawald, 1928–1930. Zolton Papp, 1976, 1978. Keith Stahley, 1977–1981. Roy Schneck, 1931–1932. Harold Schoch, 1977. Ron Stahley, 1978–1985, 1987. Donald Briam, 1979. Roger Yorgey, 1982–1983. William Heinly, 1933–1946. Dean Lobach, 1980–1981. Richard Ruch, 1984, 1986. Robert Heinly, 1947–1960. Danny Yankovich, 1982. Milt Brown, 1985–1986. Russel Grim, 1949–1960. Karl Haas, 1982–1986, 1988, 1997–1999. Tom Hourt, 1987–1988. Erwin Warmkessel, 1961–1963. Jody Blose, 1983–1986, 1989, 1992. Richard Ruch, 1987–1988. Wilson Klotzman, 1988–1993. Russell Rader, 1964. Gordon Steigerwalt, 1987. Keith Zehner, 1988–1991, 1993–1999. Warren Follweiler, 1965–1967. Edward Frack, 1989–1992. Josh Bingham, 1992. James Kohler, 1968–1975. Keith Zehner, 1990–1991. Todd Kern, 1994–1999. Paul Schwarz, 1976–1992. Wilson Klotzman, 1993, 1996. FINANCIAL SECRETARIES’ NAMES AND YEARS Delores Wehr, 1993–1996. Gary Kressley, 1993. SERVED Elsie Schwarz, 1997–1999. Jack Ruch, 1994. John J. Meckel, 1924–1926. Betty Moran, 1994–1995. MEMBERSHIP SECRETARIES’ NAMES AND YEARS Homer Frey, 1927–1938. SERVED Eva Feinour, 1995. Walter Best, 1939–1943. Emory Minnich, 1996. Donald Best, 1944–1945. Joseph Horwith, 1975–1985. Paul Schwarz, 1997–1998. Raymond Baer, 1946–1953. Robert Gibiser, 1986–1989. Todd Kern, 1999. Jacob Weber, 1947–1948. Ray Saltzman, 1990–1991. FIRE CHIEFS’ NAMES AND YEARS SERVED Ellsworth Meckel, 1949–1952. Roy Kern, 1992–1997. Preston Holben, 1924–1928. Wayne Moyer, 1954–1955. Faye Solt, 1999.st

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