October 17, 2002 CONGRESSIONAL RECORD — SENATE S10661 sanctions are threatened or imposed. delegations. When President James Madison OUR LADY OF PEACE ACT Keeping Congressional advisers in the appointed Senator James A. Bayard and Mr. LEVIN. Mr. President, a sensible Speaker of the House Henry Clay to the com- monitoring and enforcement loop tends gun safety measure has been recently to be episodic. It should be systematic. mission that negotiated the Treaty of Ghent in 1814, both resigned from Congress to un- passed by our colleagues in the House The Guidelines should provide for dertake the task. More recently, as in the of Representatives. The ‘‘Our Lady of consultations with Congressional ad- annual appointment of Senators or Members Peace Act’’ was first introduced by visers on monitoring and enforcement of Congress to be among the U.S. representa- Representative CAROLYN MCCARTHY at least every two months. These con- tives to the United Nations General Assem- after Reverend Lawrence Penzes and sultations should not just highlight bly, Members have participated in delega- Eileen Tosner were killed at Our Lady problems. They should provide a com- tions without resigning, and many observers of Peace church in Lynbrook, NY on plete picture of how the Executive consider it ‘‘now common practice and no March 12, 2002. These deaths may have longer challenged.’’ Branch is deploying its monitoring and been prevented if the assailant’s mis- enforcement resources. They should One issue has been whether service by a demeanor and mental health records identify where these efforts are suc- Member of Congress on a delegation violated were part of an automated and com- ceeding, as well as where they require Article I, Section 6 of the Constitution. This section prohibits Senators or Representa- plete background check system. reenforcement. tives during their terms from being ap- According to the House Judiciary In conclusion, the Trade Act of 2002 pointed to a civil office if it has been created Committee Report on the bill, 25 represents a watershed in relations be- or its emoluments increased during their States have automated less than 60 tween the Executive and Legislative terms, and prohibits a person holding office percent of their felony criminal convic- Branches when it comes to trade policy to be a Member of the Senate or House. tion records. While many States have and negotiations. Before the Trade Act, Some contend that membership on a negoti- the capacity to fully automate their the Executive Branch generally took ating delegation constitutes holding an of- background check systems, 13 States the lead, and the involvement of Con- fice while others contend that because of its do not automate or make domestic vio- temporary nature it is not. gressional advisers tended to be cur- lence restraining orders accessible sory and episodic. In the Trade Act, Another issue concerns the separation of through the National Instant Criminal Congress sent a clear message that the powers. One view is that as a member of a Background Check System, otherwise old way will not do. negotiating delegation a Senator would be subject to the instructions of the President known as NICS. Fifteen States do not From now on, the involvement of and would face a conflict of interest when automate domestic violence mis- Congressional advisers in developing later required to vote on the treaty in the demeanor records or make them acces- trade policy and negotiations must be Senate. Others contend that congressional sible through NICS. Since 1994, the in depth and systematic. Congress can members of delegations may insist on their Brady Law has successfully prevented no longer be an afterthought. The independence of action and that in any event more than 689,000 individuals from ille- Trade Act establishes a partnership of upon resuming their legislative duties have a gally purchasing a firearm. More ineli- equals. It recognizes that Congress’s right and duty to act independently of the gible firearm purchases could have constitutional authority to regulate executive branch on matters concerning the treaty. been prevented, and more shooting foreign trade and the President’s con- deaths may have been avoided had stitutional authority to negotiate with A compromise solution has been to appoint state records been fully automated. foreign nations are interdependent. It Members of Congress as advisers or observ- The Our Lady of Peace Act would re- ers, rather than as members of the delega- requires a working relationship that tion. The administration has on numerous quire Federal agencies to provide any reflects that interdependence. occasions invited one or more Senators and government records with information Our first opportunity to memorialize Members of Congress or congressional staff relevant to determining the eligibility this new, interdependent relationship to serve as advisers to negotiations of multi- of a person to buy a gun for inclusion is only weeks away. I am very hopeful lateral treaties. In 1991 and 1992, for example, in NICS. It would also require states to that the Administration will work Members of Congress and congressional staff make available any records that would closely with us in developing the were included as advisers and observers in disqualify a person from acquiring a Guidelines to make the partnership of the U.S. delegations to the United Nations firearm, such as records of convictions Conference on Environment and Develop- equals a reality. ment and its preparatory meetings. In 1992, for misdemeanor crimes of domestic vi- EXHIBIT 1 congressional staff advisers were included in olence and individuals adjudicated as TREATIES AND OTHER INTERNATIONAL AGREE- the delegations to the World Administrative mentally defective. To make this pos- MENTS: THE ROLE OF THE UNITED STATES Radio Conference (WARC) of the Inter- sible, this bill would authorize appro- SENATE national Radio Consultative Committee priations for grant programs to assist On occasion Senators or Representatives (CCIR) of the International Telecommuni- States, courts, and local governments have served as members of or advisers to the cations Union. in establishing or improving auto- U.S. delegation negotiating a treaty. The In the early 1990s, Congress took initia- mated record systems. I hope we can practice has occurred throughout American tives to assure congressional observers. The move in this direction this Congress or history. In September 1898, President Wil- Senate and House each designated an ob- next. liam McKinley appointed three Senators to a server group for strategic arms reductions commission to negotiate a treaty with talks with the Soviet Union that began in f Spain. President Warren G. Harding ap- 1985 and culminated with the Strategic Arms ASSISTANCE FOR SOUTH DAKOTA pointed Senators Henry Cabot Lodge and Reduction Treaty (START) approved by the MEDICARE BENEFICIARIES AND Oscar Underwood as delegates to the Con- Senate on October 1, 1992. In 1991, the Senate PROVIDERS ference on the Limitation of Armaments in established a Senate World Climate Conven- 1921 and 1922 which resulted in four treaties, tion Observer Group. As of late 2000, at least Mr. JOHNSON. Mr. President, one of and President Hoover appointed two Sen- two ongoing groups of Senate observers ex- the key remaining issues of the 107th ators to the London Naval Arms Limitation isted: Congress that I believe must be ad- Conference in 1930. dressed yet this year is Medicare relief The practice has increased since the end of 1. Senate National Security Working the Second World War, in part because Presi- Group.—This is a bipartisan group of Sen- for rural health care providers and dent Wilson’s lack of inclusion of any Sen- ators who ‘‘act as official observers to nego- beneficiaries. Recently, bipartisan leg- ators in the American delegation to the tiations * * * on the reduction or limitation islation was introduced, called the Ben- Paris Peace Conference was considered one of nuclear weapons, conventional weapons or eficiary Access to Care and Medicare of the reasons for the failure of the weapons of mass destruction; the reduction, Equity Act of 2002, S. 3018, that will Versailles Treaty. Four of the eight members limitation, or control of missile defenses; or related export controls.’’ provide definitive steps to strengthen of the official U.S. delegation to the San South Dakota’s rural health care deliv- Francisco Conference establishing the 2. Senate Observer Group on U.N. Climate ery system. I am pleased to be a co- United Nations were Members of Congress: Change Negotiations.—This is a ‘‘bipartisan Senators Tom Connally and Arthur Vanden- group of Senators, appointed by the Majority sponsor of this bill. berg and Representatives Sol Bloom and and Minority Leaders’’ to monitor ‘‘the sta- The legislation will provide $43 bil- Charles A. Eaton. tus of negotiations on global climate change lion over ten years for provider and There has been some controversy over ac- and report[ing] periodically to the Senate beneficiary improvements in the Medi- tive Members of Congress serving on such * * *.’’ care and Medicaid programs. Earlier VerDate Mar 15 2010 20:40 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\2002SENATE\S17OC2.PT2 S17OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10662 CONGRESSIONAL RECORD — SENATE October 17, 2002 this summer, the House passed a Medi- It is due to these unique circumstances mittee to address the area wage index dis- care bill, which provides approximately that rural providers and beneficiaries de- parities with new money. $30 billion over ten years. The Senate serve to be the Committee’s top priority as Current law allows rural facilities located near urban area to receive the higher wage legislation will provide South Dakota it writes legislation to strengthen the Medi- care system. We encourage the Committee to index available to the facilities located in with nearly $84.2 million in Medicare give special consideration to those states the metropolitan area.