[Congressional Record (Bound Edition), Volume 146 (2000), Part 4]
[Issue]
[Pages 5865-5938]
[From the U.S. Government Publishing Office, www.gpo.gov]


[[Page 5865]]



             CONGRESSIONAL RECORD 

                United States
                 of America

This ``bullet'' symbol identifies statements or insertions 
which are not spoken by a member of the Senate on the floor.



April 25, 2000
                                                          April 25, 2000


                     SENATE--Tuesday, April 25, 2000

  The Senate met at 9:30 a.m. and was called to order by the President 
pro tempore [Mr. Thurmond].
                                 ______
                                 

                                 prayer

  The Chaplain, Dr. Lloyd John Ogilvie, offered the following prayer:
  Almighty God, in a few moments we will pledge allegiance to our flag 
with words that may have become faithlessly familiar with repetition. 
As we affirm that we are one nation under You, dear God, shake us awake 
with the momentous conviction that You alone reign supreme and 
sovereign in this Nation and very powerfully and personally in this 
Chamber. Give us a renewed sense of Your holy presence and fill us with 
awe and wonder. This is Your Senate and the Senators are here by Your 
divine appointment and are accountable to You for every word spoken and 
every piece of legislation passed. Help them and all of us who work 
with them to live this day on the knees of our hearts, with renewed 
reverence for Your presence and profound gratitude for the grace and 
goodness of Your providential care for our beloved Nation. May all that 
we say and do this day be done by Your grace and for Your glory. For 
You are the Lord, the Creator, and our Saviour. Amen.

                          ____________________



                          PLEDGE OF ALLEGIANCE

  The Honorable George Voinovich, a Senator from the State of Ohio, led 
the Senate in the Pledge of Allegiance, as follows:

       I pledge allegiance to the Flag of the United States of 
     America, and to the Republic for which it stands, one nation 
     under God, indivisible, with liberty and justice for all.

                          ____________________



               RECOGNITION OF THE ACTING MAJORITY LEADER

  The PRESIDING OFFICER (Mr. Voinovich). The Senator from Arizona.

                          ____________________



                                SCHEDULE

  Mr. KYL. Mr. President, today the Senate will begin debate on the 
motion to proceed to S.J. Res. 3, proposing an amendment to the 
Constitution to protect the rights of crime victims, until 12:30 p.m. 
Following that debate, the Senate will stand in recess until the hour 
of 2:15 p.m. in order for the weekly party caucuses to meet. At 2:15, 
the Senate will proceed to a vote on the motion to invoke cloture on 
the motion to proceed to S.J. Res. 3. If cloture is not invoked on the 
motion, then a second vote will occur on cloture on the substitute 
amendment to the marriage tax penalty bill.
  I thank my colleagues for their attention.

                          ____________________



                           ORDER OF PROCEDURE

  Mr. KYL. Before we begin, I will also ask unanimous consent that 
Senator Specter address the Senate for 10 minutes on an unrelated 
matter.
  The PRESIDING OFFICER. Is there objection?
  Mr. REID. Mr. President, I hope in the process of the debate this 
week we get some information from the majority as to when we are going 
to be taking up the conference report on juvenile justice, when we will 
be taking up the conference report on the Patients' Bill of Rights, 
when we are going to start doing some substantive things on education. 
The session is winding down. We have 13 appropriations bills with which 
we must deal in the process. I think it would be a real shame if we 
finished the year without having worked on some of these issues the 
American public want most, including doing something about prescription 
drugs for senior citizens and the rest of the American public.
  Mr. KYL addressed the Chair.
  The PRESIDING OFFICER. The Senator from Pennsylvania has 10 minutes.
  Mr. REID. Mr. President, there was a unanimous-consent request in 
that regard that has not been approved yet.
  Mr. KYL. I wanted to note that I am sure the majority leader will be 
happy to respond to all of the elements the distinguished minority whip 
has raised when he is able to reach the floor.
  Mr. REID. Mr. President, I have no objection to the Senator from 
Pennsylvania speaking for 10 minutes as long as the minority also has 
10 minutes to speak in morning business.
  The PRESIDING OFFICER. Is there objection? Without objection, it is 
so ordered.

                          ____________________



                       RESERVATION OF LEADER TIME

  The PRESIDING OFFICER. Under the previous order, leadership time is 
reserved.

                          ____________________



  PROPOSING AN AMENDMENT TO THE CONSTITUTION OF THE UNITED STATES TO 
         PROTECT THE RIGHTS OF CRIME VICTIMS--MOTION TO PROCEED

  The PRESIDING OFFICER. Under the previous order, the Senate will now 
proceed to the consideration of the motion to proceed to S.J. Res. 3 
which the clerk will report.
  The legislative clerk read as follows:

       Motion to proceed to S.J. Res. 3 proposing an amendment to 
     the Constitution of the United States to protect the rights 
     of crime victims.

  The PRESIDING OFFICER. The Senator from Pennsylvania is recognized 
for 10 minutes.
  Mr. SPECTER. I thank my distinguished colleague from Arizona for 
yielding me a few moments this morning.

                          ____________________



                             ELIAN GONZALEZ

  Mr. SPECTER. Mr. President, I have sought recognition to comment 
briefly on the case involving young Elian Gonzalez. At 11 o'clock this 
morning, Senator Lott has scheduled a closed-door proceeding with 
Attorney General Reno, and there are a number of important outstanding 
questions which, in my view, should be addressed.
  At the outset, let me make it plain that I believe and have believed 
that young 6-year-old Elian Gonzalez should have been reunited with his 
father at the earliest possible time. I believe that as a legal matter 
there is no real justification for any asylum proceeding to keep young 
Elian Gonzalez in the United States. The purpose of asylum is to 
protect an alien from going back to a country where he or she will be 
persecuted. That certainly is not the case with Elian Gonzalez. He 
would be adulated.
  Nonetheless, I believe there are some very serious issues which have 
arisen that the Congress ought to address, and the most prominent of 
those is the manner in which Elian Gonzalez was taken into custody. In 
my opinion, there were less intrusive ways in which that could have 
been accomplished. The Immigration and Naturalization Service said that 
they proceeded at 5 a.m. because they did not want to have any 
interference from the crowd. The avoidance of interference from the 
crowd could have been accomplished at high noon if the crowd were to 
have been moved back several blocks, which is customary where people 
have a right to demonstrate, people have a right to express themselves, 
but they do not have the right to do it right at the location where 
there may be other interests which have to be preserved. Had the crowd 
been several blocks away, there would have been no difficulty in taking 
whatever action was deemed appropriate without the risk of having a 
problem with the crowd.
  Once the Immigration and Naturalization Service agents were directed 
to move in to take custody of young Elian, they had been armed to 
protect

[[Page 5866]]

themselves. But the action necessitating their being armed had very 
great potential for violence. It was a potential powder keg. 
Fortunately, there were no serious injuries. But there could have been. 
And it is my view that there ought to be a look by the Congress at ways 
to improve these procedures in the future.
  The Supreme Court of the United States, in the case of Garner v. 
Tennessee, issued a ruling involving a Tennessee statute which involved 
law enforcement officers using deadly force against a fleeing felon 
even if that felon was unarmed. The Supreme Court of the United States 
held that this statute was unconstitutional because deadly force may 
not be used unless it is to save lives or avoid grievous bodily injury. 
Now, the problem with what was done by the INS in moving in with drawn 
weapons at 5 a.m. was that it could have triggered a chain reaction 
which could have led to violence. And there was really no necessity. 
They were not dealing with the customary INS case where they have a 
suspected terrorist or a violent criminal. This is not a John Dillinger 
who has to be taken into custody. That matter could have waited another 
day.
  When I read the morning papers last Friday that the Department of 
Justice was considering moving in to take young Elian Gonzalez, I wrote 
to both the Attorney General and the President and expressed the view 
that there were a number of less intrusive alternatives which could 
have been undertaken. And I pressed hard at that time for them to have 
a court order.
  When the President said the Federal court ordered Elian Gonzalez 
taken into custody, that is not correct. The Court of Appeals for the 
11th Circuit specifically refused to decide and declined to issue an 
order requested by the Department of Justice to have the uncle turn 
over Elian to INS so he could be turned over to the father. The 
district court did not deal with the custody issue either, but only 
decided that if there were to be an application for asylum, the proper 
person to make that was the father and not the uncle.
  On this state of the record, there is a very serious legal issue as 
to what authority the INS had to take Elian into custody. They 
certainly were not going to take him into custody to deport him because 
there was an order of the circuit court prohibiting that until the 
circuit court had decided the case.
  There is, in my opinion, a need for Congress to take a look at 
another issue. The Department of Justice, regrettably, does not have a 
good record at Ruby Ridge or at Waco. I chaired the subcommittee 
hearings on Ruby Ridge which led to a change in the FBI rules on use of 
deadly force and currently am chairing a special task force of a 
subcommittee looking into Waco. In the context of what happened at Ruby 
Ridge and Waco and what happened with the potential powder keg in Miami 
last Saturday morning, it is my view the Congress ought to consider 
institutionalizing some permanent unit within the Department of 
Justice.
  The raid, which was conducted at 5 a.m., has the potential--and it is 
hard to determine--of leaving very deep scars on young Elian Gonzalez. 
When it occurred, the question came into my mind as to why the father 
was not at the scene, if not present at the house, but close to the 
scene to assist in soothing young Elian. I think the entire matter 
could have been avoided had the crowd been cleared, had there been a 
court order, had the Government taken up the representation of the 
uncle's lawyer that Elian would be peacefully turned over.
  In the interim, it is my hope that the proceedings in Federal court 
will be expedited. I ask unanimous consent that the letters I wrote to 
Attorney General Reno and President Clinton be printed in the Record at 
the conclusion of my statement.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  (See exhibit 1.)
  Mr. SPECTER. Mr. President, those letters set forth in some greater 
detail the way those hearings can be expedited. When the Million Man 
March occurred in 1998 in New York City, the Federal court ruled on 
August 26, and the court of appeals took it up on September 1 and 
issued a 9-page opinion the same day. In the Pentagon papers case, only 
18 days elapsed from the publication of the papers until the case went 
through the district court, the court of appeals, and the Supreme Court 
of the United States. I renew my suggestion to the Department of 
Justice to expedite those proceedings.
  Ultimately, Elian will be returned with his father to wherever they 
choose to go. I hope they will stay in the United States, but that is a 
matter for the Gonzalezes to determine. Juan Miguel Gonzalez is the 
father, having parental responsibility for the child, but these are 
issues as to the use of this extraordinary force and what should be 
institutionalized in the Department of Justice, which I think the 
Congress should look into in oversight hearings, not to attach any 
blame but to improve procedures and approaches for the future.
  Again I thank my distinguished colleague from Arizona and yield the 
floor.

                               Exhibit 1

                                                      U.S. Senate,


                                   Committee on the Judiciary,

                                   Washington, DC, April 21, 2000.
     Hon. Janet Reno,
     Attorney General, U.S. Department of Justice, Washington, DC.
       Dear Attorney General Reno: I am deeply concerned about 
     reports in today's media that you may initiate action through 
     Federal law enforcement agencies to take Elian Gonzales from 
     the residence of his relatives in Miami and return him to his 
     father. My concern arises from the experience at Ruby Ridge, 
     a subject on which I chaired Judiciary Subcommittee hearings 
     and also on the Waco incident, on which I am now chairing a 
     Judiciary Subcommittee on Department of Justice oversight.
       In advance of any such action there are a number of 
     alternatives which could be pursued. For example, the Court 
     of Appeals for the 11th Circuit could be asked to expedite 
     the appeals process. There are many precedents for prompt, 
     expedited Circuit Court action such as that taken by the 
     Court of Appeals for the 2nd Circuit on the Million Man March 
     case in 1998. There, the District Court, by order dated 
     August 26, 1998, allowed the March for September 5 and the 
     Circuit Court heard arguments on September 1, 1998 and issued 
     a written opinion the same day.
       Another option would be to ask the Court of Appeals for the 
     11th Circuit to hear the case en banc which could be 
     accomplished very promptly.
       Yet another option is to ask the Supreme Court of the 
     United States to take the case and hear it on an expedited 
     basis which that Court has the authority to do at any time. 
     The Pentagon Papers were published on June 12, 1971. The 
     District Court issued a decision on June 19, the 2nd Circuit 
     heard the case on June 22 and decided the case on June 23. 
     The Supreme Court heard arguments on June 26 and decided the 
     case on June 30, 1971.
       In a case involving the Iranian hostages, the Solicitor 
     General asked the Supreme Court for the United States for 
     certification before judgment on June 10, 1981. The Supreme 
     Court granted the request on June 11, ordered briefs within 
     one week, heard arguments on June 24 and decided the case on 
     July 2, 1981.
       There is good reason to believe that the order of the 11th 
     Circuit three-judge panel will be reversed for a number of 
     reasons. One glaring error is that there is no basis for 
     asylum for Elian Gonzales since that relief is granted when 
     the individual faces persecution or some prospective ill 
     treatment upon his return, which is certainly not the case 
     with young Elian. If returned to Cuba, he will be the subject 
     of adulation, not mistreatment.
       Before resorting to action to take Elian from his Miami 
     relatives, I urge you to seek a judicial order from the 
     United States District Court authorizing such action by the 
     Department of Justice. While perhaps not technically 
     necessary, such an order might well be persuasive enough for 
     the Miami relatives to turn Elian over voluntarily. Such an 
     order may also be persuasive so that others would not impede 
     Department of Justice action to take Elian from his Miami 
     relatives.
       I am sending a copy of this letter to the President, and I 
     am sending you a copy of a letter I am writing to him.
           Sincerely,
     Arlen Specter.
                                  ____

                                                      U.S. Senate,


                                   Committee on the Judiciary,

                                   Washington, DC, April 21, 2000.
     Hon. William Jefferson Clinton,
     President, The White House, Washington, DC.
       Dear Mr. President: With this letter, I am enclosing a copy 
     of a letter which I am sending to Attorney General Reno 
     suggesting a number of judicial remedies before any action is 
     taken to return Elian Gonzales to his father other than 
     through a voluntary turning over of the boy by his Miami 
     relatives.

[[Page 5867]]

       I am writing to you and the Attorney General without being 
     privy to any of the on-going negotiations, but only because 
     of my concern about what happened at Ruby Ridge and Waco 
     which involved incidents where I have been extensively 
     involved in oversight of the Department of Justice by Senate 
     Judiciary Subcommittees.
       If there is to be any action taken by Federal law 
     enforcement officials other than a voluntary turning over by 
     the Miami relatives of Elian Gonzales, then I urge you to be 
     personally involved and to consult with experts in the field, 
     in addition to officials at the Department of Justice because 
     of the deeply flawed actions taken by the Department of 
     Justice at Ruby Ridge and Waco and in other law enforcement 
     judgments of the Attorney General.
       As noted in my letter to the Attorney General, the hand of 
     the Federal Government can be considerably strengthened by a 
     District Court order authorizing the Department of Justice to 
     take Elian Gonzales from his Miami relatives and returned to 
     his father.
       It may well be that taking the potential use of force off 
     the table would materially damage the Government's bargaining 
     position with the Miami Gonzales family; but if force is to 
     be used, it must be used with mature, measured judgment 
     contrary to what was done at Ruby Ridge and Waco.
           Sincerely,
                                                    Arlen Specter.

  The PRESIDING OFFICER. The Senator from Illinois.
  Mr. DURBIN. Mr. President, I seek recognition under the 10 minutes 
reserved on the Democratic side.
  The PRESIDING OFFICER. The Senator is recognized.

                          ____________________



                         REPUBLICAN PRIORITIES

  Mr. DURBIN. Mr. President, we just heard a statement from the Senator 
from Pennsylvania which echoes the statements of many Republicans since 
the reuniting of Elian Gonzalez with his father. This was a very sad 
situation. The Attorney General's comments indicate she made 
extraordinary efforts on a personal basis and through the Department of 
Justice to resolve the differences between the members of this family 
involving this 6-year-old boy.
  I am sorry it came to the process that it did in the early hours of 
the morning on Saturday. I understand up until the very last moment, 
negotiations were underway with the family, with the very basic goal of 
reuniting this little boy with his father.
  I will never know what took place in those conversations, but I can 
certainly understand that when the decision was made to enforce the 
law, to enforce the subpoena, and to move forward, those agents who 
went into that home were entitled to protect themselves. They did not 
know, going into that home, whether there was any danger inside. The 
fact that they were armed, of course, is troublesome in the presence of 
a 6-year-old boy, but I do not believe a single one of us would ask any 
law enforcement agent in America--Federal, State, or local--to endanger 
their own lives by walking into a building without adequate protection 
and show of force.
  I hope we will put this in perspective. I have been absolutely 
fascinated by the Republican response to this. To consider some of the 
statements that have been made by Republican leaders on Capitol Hill 
since this event in Miami tells us a great deal about their priorities. 
There is a passion, there is a commitment, there is a sense of urgency 
to drop everything we are doing on Capitol Hill and move into a 
thorough investigation of this episode which occurred in the early 
morning hours of Saturday to decide whether or not Attorney General 
Reno was doing the appropriate thing in the way she approached it.
  My question to the Republican majority in the Senate and the House 
is: Where is your passion, where is your sense of urgency, where is 
your commitment when it comes to the gun violence which is occurring on 
the streets of America every single day?
  Yesterday, here in our Nation's Capital, families who gathered at the 
National Zoo for an annual holiday witnessed gun violence which claimed 
some seven victims, one of whom is now on life support and may not 
survive. Yet for a year--one solid year--the Republican leadership on 
Capitol Hill has refused to bring forward any gun safety legislation. 
Overnight they can call for an investigation of Attorney General Reno. 
Overnight they can bring her to Capitol Hill because of this question 
of what occurred in Miami. But for one solid year, they have been 
unwilling and unable to step up and do anything about gun safety to 
protect children and families across America.
  Mr. DORGAN. Will the Senator yield?
  Mr. DURBIN. No one was injured in the house of Elian Gonzalez's 
relatives in Miami. Thank God. But kids are injured every day across 
America. Twelve children are killed every day across America because of 
gun violence, and this Republican majority, which has this passion to 
investigate, ought to have the passion to legislate, to pass laws to 
make America safer. I would like to see some proportionality in the way 
they respond to the real issues facing American families.
  I yield to my colleague from North Dakota.
  Mr. DORGAN. Mr. President, I appreciate the Senator yielding to me.
  This is a very sad chapter. It is a story of a 6-year-old child who 
has been used as a political football now for some many months--yes, by 
Fidel Castro, but also by some in this country--and it ought to stop. 
What happened the other morning in Miami is something none of us wants 
to see in this country, but it happened without violence occurring. No 
one was injured, and the fact is, a 6-year-old boy was restored to his 
father's care.
  I have heard all of the stories and all of the words. I watched 
television last evening. I heard irresponsible statements about Waco, 
about storm troopers, all kinds of conjecture about secret meetings 
between Fidel Castro and officials in this country. Look, those things 
serve no purpose at this point.
  This is a 6-year-old boy whose mother died and who now has been 
restored to the care of his father. Are there those here who believe 
that a 6-year-old boy whose father loves him should not be restored to 
the care of his father? If so, then let's have a long debate about 
parental rights. I suspect they do not want to restore this young boy 
to the care of his father because his father is a Cuban and he will go 
back to Cuba and that is a Communist country. But I do not see people 
coming to the floor of the Senate talking much about the fate of the 
children in Vietnam--that is a Communist country--or the fate of the 
children in China--that is a Communist country.
  All of a sudden, this one 6-year-old child whose mother is dead and 
whose father wants him, because he comes from Cuba, does not have the 
right to be restored to the care of his father? Something is wrong with 
this.
  I understand there is great passion on all sides. The Attorney 
General was faced with an awful choice, and she made a choice. The 
choice she made was to use whatever show of force was necessary--not 
force; show of force was necessary--to prevent violence while they were 
able to get this boy and restore him to the care of his father.
  The fact is, it worked. In a little under 3 minutes, they were able 
to get this boy. This boy, now we see in a smiling picture, is in his 
father's arms where he ought to be.
  I know we can criticize Janet Reno and others till the Sun goes down 
and every day thereafter, but it is not going to change the fact that 
this boy belongs with his father. We all know that. We should not use 
this boy for some broader political purpose of U.S.-Cuba relations, 
anti-Castroism, this, that, or the other thing. This is not about Fidel 
Castro. This is about a 6-year-old child and his father.
  Mr. LEAHY. Will the Senator yield?
  Mr. DORGAN. I am happy to yield.
  Mr. LEAHY. I am pleased to hear both of my distinguished colleagues 
talking about the necessity to protect those who go into a situation 
such as that. In an earlier career in law enforcement I had the 
experience of going on raids or arrests or hostage situations, 
oftentimes in the middle of the night. They are a very frightening 
thing.
  I suspect those immigration officers and marshals also have families 
who worry about whether they are going to come back alive. They are 
entitled to

[[Page 5868]]

some protection, too. They talk about a frightening picture of a man so 
intimidating that everybody would stand still. His finger was not on 
the trigger of his gun. If you look at the picture, the safety was on 
the weapon. An unarmed female INS officer, with no body armor or 
anything else, came in there, putting her own life at risk so the 
little boy would not be frightened when she picked him up. And she 
spoke to him in Spanish.
  The Miami relatives could have avoided this. The Miami relatives took 
a position they wanted to help little Elian and hurt Fidel Castro. They 
helped Fidel Castro and hurt little Elian. They should have given him 
back to his father long ago. Instead, they made this whole situation 
necessary.
  The officers who went in there are entitled to protect themselves. If 
I were their spouse, if I were their child, I would hope that they 
would. Then to accuse them of brainwashing or drugging this little boy 
is scandalous. These marshals, who took the little boy into their 
custody, are sworn to give their own life, if necessary, to protect the 
person they have in their custody.
  They were there to protect the little boy. They did protect the 
little boy. He is now back with his father where he belongs.
  I resent the statement of some of the Miami relatives saying these 
pictures of a happy child with his father are doctored, that it is not 
really little Elian, that they substituted someone else for him, or 
that the marshals drugged him. One relative even said the only reason 
he called his father from the airplane was because they put a gun to 
his head. This is outrageous.
  These brave men and women, who constantly put their lives on the line 
to protect the people of this country, including oftentimes Members of 
Congress, ought to be praised.
  Mr. DURBIN. Mr. President, how much time is remaining?
  The PRESIDING OFFICER (Mr. Frist). Twenty seconds.
  Mr. DURBIN. Let me close by saying I hope we will see the same 
passion, the same commitment, the same sense of urgency from the 
Republican side when it comes to gun safety legislation, when it comes 
to legislation for a Patients' Bill of Rights, when it comes to a 
prescription drug benefit, as we have seen in their passion to continue 
to investigate every member of the Clinton administration.

                          ____________________



  PROPOSING AN AMENDMENT TO THE CONSTITUTION OF THE UNITED STATES TO 
   PROTECT THE RIGHTS OF CRIME VICTIMS--MOTION TO PROCEED--Continued

  The PRESIDING OFFICER. The time until 12:30 p.m. shall be equally 
divided between the two leaders.
  The Senator from Arizona.
  Mr. KYL. Mr. President, this is a historic time because we are about 
to commence a debate on an amendment that has passed through the Senate 
Judiciary Committee but has not yet come to the floor of the Senate; 
that is, an amendment to the U.S. Constitution to protect the rights of 
victims of violent crime.
  I am very pleased this morning, along with Senator Dianne Feinstein 
of California, to be making the primary case in support of this 
amendment.
  I would like to make some opening remarks and then turn our opening 
time over to Senator Feinstein for a discussion of the history of this 
amendment and much of the articulation of the need for it. But let me 
make a few preliminary comments.
  First of all, we have heard a little bit about passion on a related 
matter. I can tell you there is nothing about which I am more 
passionate these days than supporting the rights of victims of violent 
crime.
  According to the Department of Justice, there are over 8 million 
victims of violent crime in our society every year. Not enough is being 
done to protect the rights of these victims. They have no 
constitutional rights, unlike the defendants. Those accused of crime 
have more than a dozen rights which have been largely secured by 
amendments to the U.S. Constitution.
  They, of course, trump any rights that States, either by statute or 
State constitutional provision, grant to the victims of crime.
  It is time to level the playing field, to balance the scales of 
justice, and provide some rights for victims of crime. These are very 
basic and simple rights, as Senator Feinstein will articulate in just a 
moment.
  To secure basic rights to be informed and to be present and to be 
heard at critical stages throughout the judicial process is the least 
that our society owes people it has failed to protect.
  Thirty-two State constitutional amendments have been passed by an 
average popular vote of nearly 80 percent. Clearly, the American people 
have developed a consensus that the rights of crime victims deserve 
protection.
  Unfortunately, these State provisions have not been applied with 
sufficient seriousness to ensure the protection of these victims of 
crime.
  Let me note some quotations, first from the Attorney General of the 
United States, and then from attorneys general--these are the law 
enforcement officials of our country--and the Governors, who, of 
course, are the chief executives of the various States.
  Attorney General Reno explained, in testimony before the Senate 
Judiciary Committee:

       Efforts to secure victims' rights through means other than 
     a constitutional amendment have proved less than fully 
     adequate. Victims' rights advocates have sought reforms at 
     the State level for the past 20 years. However, these efforts 
     have failed to fully safeguard victims' rights. These 
     significant State efforts simply are not sufficiently 
     consistent, comprehensive, or authoritative to safeguard 
     victims' rights.

  Legal commentators have reached the same conclusion.
  For example, Harvard law professor Laurence Tribe has explained that 
the existing statutes and State amendments ``are likely, as experience 
to date sadly shows, to provide too little real protection whenever 
they come into conflict with bureaucratic habit, traditional 
indifference, sheer inertia, or any mention of an accused's rights 
regardless of whether those rights are genuinely threatened.''
  According to a December 1998 report from the National Institute of 
Justice, the victims are denied their rights. The report concluded 
that:

       Enactment of state laws and state constitutional amendments 
     alone appear to be insufficient to guarantee the full 
     provision of victims' rights in practice.

  The report went on to note numerous examples of how victims were not 
given rights they were already supposed to be given under State 
provisions.
  For example, even in several States identified as giving strong 
protection to victims' rights, fewer than 60 percent of the victims 
were notified of the sentencing hearing, and fewer than 40 percent were 
notified of the pretrial release of the defendant. That can be a 
serious matter to a victim of crime. A followup analysis of the same 
data found that racial minorities are less likely to be afforded their 
rights under the patchwork of existing statutes.
  According to a letter, dated April 21 of this year, signed by 39 of 
the State attorneys general:

       We are convinced that statutory protections are not enough; 
     only a federal constitutional amendment will be sufficient to 
     change the culture of our legal system.

  A 400-page report by the Department of Justice on victims' rights and 
services concluded that:

       [t]he U.S. Constitution should be amended to guarantee 
     fundamental rights for victims of crime.

  The report continued:

       A victims' rights constitutional amendment is the only 
     legal measure strong enough to rectify the current 
     inconsistencies in victims' rights laws that vary 
     significantly from jurisdiction to jurisdiction on the state 
     and federal levels.


[[Page 5869]]


  For those who are concerned that somehow a Federal constitutional 
amendment would impinge upon States rights other than noticing, of 
course, that 75 percent of the States would have to approve such a 
constitutional amendment for it to go into effect, let me refer to a 
resolution of the National Governors' Association, which passed by a 
vote of 49-1, strongly supporting a constitutional amendment.
  It stated:

       Despite . . . widespread state initiatives, the rights of 
     victims do not receive the same consideration or protection 
     as the rights of the accused. These rights exist on different 
     judicial levels. Victims are relegated to a position of 
     secondary importance in the judicial process.

  The resolution also stated:

       The rights of victims have always received secondary 
     consideration within the U.S. Judicial process, even though 
     states and the American people by a wide plurality consider 
     victims' rights to be fundamental. Protection of these basic 
     rights is essential and can only come from a fundamental 
     change in our basic law: the U.S. Constitution.

  That is it. Despite the well-meaning intention of judges, 
prosecutors, and others who fundamentally agree that victims need these 
rights of basic fairness in our criminal justice system, as the 
evidence has overwhelmingly demonstrated, they are just not getting 
that kind of fair treatment, despite the best efforts of all these 
people. That is why, after 18 years, the conclusion has been reached by 
so many that the only way to guarantee these rights is by placing them 
in the U.S. Constitution where defendants' rights have also been 
amended into existence.
  We all know it shouldn't be easy to amend the Constitution, but we 
have been very careful to communicate with prosecutors and others who 
are familiar with the issues. After 63 drafts, we think we have it 
right. We think we have a very tightly drawn amendment, which Senator 
Feinstein will explain in just a moment, that protects these rights 
without denigrating whatsoever the rights of the defendants or those 
accused of crime.
  Our amendment has 42 cosponsors in this body, a bipartisan group of 
Democrats and Republicans. We have 39 State attorneys general who have 
signed a strong letter in support. Our Presidential candidates, both 
current and past, have strongly supported a crime victims' rights 
amendment, as have groups such as Parents of Murdered Children, Mothers 
Against Drunk Driving, the National Organization for Victim Assistance, 
and others.
  I thought it would be appropriate to recognize the President of the 
United States, who said in a very strong statement before a number of 
crime victims' rights groups:

       I strongly believe that victims should be central 
     participants in the criminal justice system, and that it will 
     take a constitutional amendment to give the rights of victims 
     the same status as the rights of the accused.

  He also said the following, which I think represents the views of all 
of us in this body:

       I do not support amending the Constitution lightly; it is 
     sacred. It should be changed only with great caution and 
     after much consideration. But I reject the idea that it 
     should never be changed. Change it lightly and you risk its 
     distinction. But never change it and you risk its vitality.
       But this is different. This is not an attempt to put 
     legislative responsibilities in the Constitution or to 
     guarantee a right that is already guaranteed. Amending the 
     Constitution here is simply the only way to guarantee the 
     victims' rights are weighed equally with defendants' rights 
     in every courtroom in America.

  Mr. President, that is all we ask.
  I ask unanimous consent to print in the Record three pages of groups 
that strongly support our amendment.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

               Crime Victims' Rights Amendment Supporters


                            public officials

       42 cosponsors in the U.S. Senate (29R; 13D), Former Senator 
     Bob Dole, Representative Henry Hyde, Texas Governor George W. 
     Bush, California Governor Gray Davis, Arizona Governor Jane 
     Hull, Former U.S. Attorney General Ed Meese, Former U.S. 
     Attorney General Dick Thornburgh, Former U.S. Attorney 
     General William Barr, The Republican Attorneys General 
     Association, Alabama Attorney General Bill Pryor, Alaska 
     Attorney General Bruce Botelho, Arizona Attorney General 
     Janet Napolitano, California Attorney General Bill Lockyer, 
     Colorado Attorney General Ken Salazar, Connecticut Attorney 
     General Richard Blumenthal, Delaware Attorney General M. Jane 
     Brady, Florida Attorney General Bob Butterworth, Georgia 
     Attorney General Thurbert E. Baker, Hawaii Attorney General 
     Earl Anzai.
       Idaho Attorney General Alan Lance, Illinois Attorney 
     General Jim Ryan, Indiana Attorney General Karen Freeman-
     Wilson, Kansas Attorney General Carla Stovall, Kentucky 
     Attorney General Albert Benjamin Chandler III, Maine Attorney 
     General Andrew Ketterer, Maryland Attorney General J. Joseph 
     Curran, Jr., Michigan Attorney General Jennifer Granholm, 
     Minnesota Attorney General Mike Hatch, Mississippi Attorney 
     General Mike Moore, Montana Attorney General Joseph P. 
     Mazurek, Nebraska Attorney General Don Stenberg, New Jersey 
     Attorney General John Farmer, New Mexico Attorney General 
     Patricia Madrid, North Carolina Attorney General Michael F. 
     Easley, Ohio Attorney General Betty D. Montgomery, Oklahoma 
     Attorney General W.A. Drew Edmondson, Oregon Attorney General 
     Hardy Meyers, Pennsylvania Attorney General Mike Fisher, 
     Puerto Rico Attorney General Angel E. Rotger Sabat.
       South Carolina Attorney General Charlie Condon, South 
     Dakota Attorney General Mark Barnett, Texas Attorney General 
     John Cornyn, Utah Attorney General Jan Graham, Virgin Islands 
     Attorney General Iver A. Stridiron, Virginia Attorney General 
     Mark Earley, Washington Attorney General Christine O. 
     Gregoire, West Virginia Attorney General Darrell V. McGraw 
     Jr., Wisconsin Attorney General James Doyle, Wyoming Attorney 
     General Gay Woodhouse, Alaska State Legislature.


                            law enforcement

       Federal Law Enforcement Officers Association, Law 
     Enforcement Alliance of American (LEAA), American Probation 
     and Parole Association (APPA), American Correctional 
     Association (ACA), National Criminal Justice Association 
     (NCJA), National Organization of Black Law Enforcement 
     Executives, Concerns of Police Survivors (COPS), National 
     Troopers' Coalition (NTC), Mothers Against Violence in 
     America (MAVIA), National Association of Crime Victim 
     Compensation Boards (NACVCB), National Center for Missing and 
     Exploited Children (NCMEC), International Union of Police 
     Associations AFL-CIO, Norm Early, former Denver District 
     Attorney, Maricopa County Attorney Rick Romley, Pima County 
     Attorney Barbara Lawall, Shasta County District Attorney 
     McGregor W. Scott, Steve Twist, former chief assistant 
     Attorney General of Arizona.
       California Police Chiefs Association, California Police 
     Activities league (CALPAL), California Sheriffs' Association, 
     Los Angeles County Sheriff Lee Baca, San Diego County Sheriff 
     William B. Kolender, San Diego Police Chief David Bajarano, 
     Sacramento County Sheriff Lou Blanas, Riverside County 
     Sheriff Larry D. Smith, Chula Vista Police Chief Richard 
     Emerson, El Dorado County Sheriff Hal Barker, Contra Costa 
     County Sheriff Warren E. Rupf, Placer County Sheriff Edward 
     N. Bonner, Redding Police Chief Robert P. Blankenship, 
     Yavapai County Sheriff's Office, Bannock County Prosecutor's 
     Office, Los Angeles County Police Chiefs' Association.


                                victims

       Mothers Against Drunk Driving (MADD), National Victims' 
     Constitutional Amendment Network (NVCAN), National 
     Organization for Victim Assistance (NOVA), Parents of 
     Murdered Children (POMC), Mothers Against Violence in America 
     (MAVIA), Justice for Murder Victims, Crime Victims United of 
     California, Justice for Homicide Victims, We Are Homicide 
     Survivors, Victims and Friends United, Colorado Organization 
     for Victim Assistance (COVA), Racial Minorities for Victim 
     Justice, Rape Response and Crime Victim Center.
       Stephanie Roper Foundation, Speak Out for Stephanie (SOS), 
     Pennsylvania Coalition Against Rape (PCAR), Louisiana 
     Foundation Against Sexual Assault, KlaasKids Foundation, Marc 
     Klaas, Victims' Assistance Legal Organization, Inc. (VALOR), 
     Victims Remembered, Inc., Association of Traumatic Stress 
     Specialists, Doris Tate Crime Victims Bureau (DTCVB), Rape 
     Response & Crime Victim Center, John Walsh, host of 
     ``America's Most Wanted'' Marsha Kight, Oklahoma City bombing 
     victim.


                            other supporters

       Professor Paul Cassell, University of Utah School of Law, 
     Professor Laurence Tribe, Harvard University Law School, 
     Professor Doug Beloof, Northwestern Law School (Lewis and 
     Clark), Professor Bill Pizzi, University of Colorado at 
     Boulder, Professor Jimmy Gurule, Notre Dame Law School, 
     Security on Campus, Inc., International Association for 
     Continuing Education and Training (IACET), Women in 
     Packaging, Inc., American Machine Tool Distributors' 
     Association (AMTDA), Jewish Women International, Neighbors 
     Who Care, National Association of Negro Business & 
     Professional Women's Clubs, Citizens for Law and Order, 
     National Self-Help Clearinghouse, American

[[Page 5870]]

     Horticultural Therapy Association (AHTA), Valley Industry and 
     Commerce Association.

  Mr. KYL. In terms of specific letters of support and so on, we will 
hear about that at a later time.
  I conclude my statement by saying it has been a great pleasure for me 
to work on a bipartisan basis with Senator Dianne Feinstein who, as 
have I, has spent the better part of 4 years honing and crafting this 
amendment, working with victims' rights groups, visiting with fellow 
Senators, Members of the House of Representatives, representatives of 
the White House, the Department of Justice, and many others in an 
effort to ensure that the amendment we present to the Senate today is 
the very best possible product we could present.
  We are always open to more suggestions. We have never closed the door 
to additional suggestions by people who in good faith wish to make sure 
this amendment will do what we want it to do, without, of course, 
taking away the rights of defendants. We remain committed to that 
proposition.
  Over the next several days, obviously, we will hear from opponents. 
We are delighted to hear their comments and to visit with them about 
suggestions they may have. At the end of the day, as all of the 
statements I have read suggest, there is no alternative. There is only 
one way to protect the victims of violent crime; that is, through 
adoption of a Federal constitutional amendment.
  The PRESIDING OFFICER. The Senator from Vermont.
  Mr. LEAHY. Mr. President, had the Senator from Arizona completed his 
remarks?
  Mr. KYL. I have completed my opening statement. I don't think there 
is a specific agreement. The time is divided equally.
  The PRESIDING OFFICER. The time is equally divided between Senator 
Kyl and Senator Leahy.
  Mr. LEAHY. Mr. President, normally I would speak at this point, under 
the usual procedure, following the majority floor leader. I know the 
distinguished Senator from California wishes to speak. I will not 
follow the normal procedure and speak but allow her to go forward. Then 
I will claim the floor after her speech.
  The PRESIDING OFFICER. The Senator from California.
  Mrs. FEINSTEIN. Mr. President, I thank our ranking member for this 
opportunity. It gives an opportunity for the Senator from Arizona and 
me to explain the amendment. I very much appreciate that.
  Providing constitutional rights for victims of violent crime has been 
at the top of my list of priorities as a Senator from California. I 
will take a few moments to explain why.
  I thank our colleague, Senator Kyl, for his leadership in bringing 
this issue to the forefront and working so closely with me in a 
bipartisan way over the past 4 years through two Congresses. I believe 
this is what voters sent us here to do, to work together, Republicans 
and Democrats, House and Senate, to find solutions to the problems 
ordinary Americans face every day. Indeed, ordinary Americans do find 
problems in the criminal justice system.
  There were about 9 million victims of violent crimes in 1996, when we 
began this effort, and each of the 4 years since that time in the 
United States. Many of these victims were actually victimized a second 
time by the criminal justice system. They were kept in the dark about 
their case. They were excluded at the trial. They were unable to 
express their concerns for their safety when a decision was made to 
release their attacker. It is for these victims we are fighting for 
this amendment to the Constitution of the United States.
  There are those who say the Constitution is a static document; it is 
a perfect document; it should not be changed. There are those who say 
it should not be changed easily. There are those who say it should not 
be changed without need. We are in the latter two. We believe we have a 
serious amendment, and we believe we can demonstrate the need for this 
change.
  The amendment we propose today meets a situation, the situation that 
when the Constitution of the United States was written in 1789, there 
were but 4 million people in 13 colonies. Today we are over 250 million 
people, and victims of violent crimes alone amount to over 9 million a 
year.
  When the Constitution was written, it was a different day. In 1791, 
the Bill of Rights was written. Between the text of the Constitution 
and the text of the Bill of Rights, a number of rights were provided to 
the accused, rights to protect them against an overeager, overzealous, 
and overambitious Government. We all know what they are: The right to 
counsel, to due process, to a speedy trial, against double jeopardy, 
against self-incrimination, against unreasonable searches and seizures, 
the right to have warrants issued upon probable cause, the right to a 
jury of peers, the right to be informed, and so on.
  Victims were entirely left out, and when the Constitution and the 
Bill of Rights were written in 1789 and 1791, there were essentially no 
rights provided to victims in the United States. There was good reason 
for it. I want to say why that took place.
  When the Constitution was written, in America in the late 18th 
century and well into the 19th century, public prosecutors did not 
exist. Victims could, and did, commence criminal trials themselves by 
hiring a sheriff to arrest the defendant, initiating a private 
prosecution. The core rights of our amendment to notice, to attend, to 
be heard were inherently made available to a victim of a violent crime. 
As Juan Cardenas, writing in the Harvard journal of law and public 
policy, observed:

       At trial, generally, there were no lawyers for either the 
     prosecution or the defense. Victims of crime simply acted as 
     their own counsel, although wealthier crime victims often 
     hired a prosecutor.

  Gradually, public prosecution replaced the system of private 
prosecution. With the explosive growth of crime in this country in 
recent years, it became easier and easier for the victim to be left 
aside in the process.
  As other scholars have noted:

       With the establishment of the prosecutor the conditions for 
     the general alienation of the victim from the legal process 
     further increased.

  Mr. President, this began to happen in the mid 19th century, around 
1850, when the concept of the public prosecutor was developed in this 
country for the first time.

       The victim is deprived of his [or her] ability to determine 
     the course of a case and is deprived of the ability to gain 
     restitution from the proceedings. Under such conditions, the 
     incentives to report crime and to cooperate with the 
     prosecution also diminished. As the importance of the 
     prosecution increases, the role of victim is transformed [in 
     our country] from principal actor to a resource that may [or 
     may not] be used at the prosecutor's discretion.

  Those aren't my words; those are words of Fredric Dubow and Theodore 
Becker in ``Criminal Justice and the Victim.''
  So we see why the Constitution must be amended to guarantee these 
rights. There was no need to guarantee them in 1789 and 1791, when the 
Bill of Rights was added. We see that the criminal justice system has 
changed with the evolution of the concept of the public prosecutor, and 
we see that America has changed. The prevalence of crime has changed. 
The number of victims has changed. So creating the need and 
circumstance to respond to these developments and to restore balance in 
the criminal justice system by guaranteeing certain basic rights of 
violent crime victims in the United States is what we seek to do.
  Those rights would be as follows: The right to notice of proceedings; 
the right not to be excluded from proceedings; the right to be heard at 
proceedings, if present; the right to submit a statement; the right to 
notice of release or escape of an attacker. For me, that is a central 
point and how I got involved in this movement. Also, there is the right 
to consideration in ensuring a speedy trial; the right to an order of 
restitution ordered by a judge; the right to consideration of safety in 
determining any conditional release. Those are basic, core rights that 
we would give to a victim of violent crime to be balanced against the 
rights of the accused.
  Senator Kyl mentioned that among our supporters are Prof. Laurence

[[Page 5871]]

Tribe of the Harvard Law School. Professor Tribe is a noted 
constitutional expert. Let me quote portions of his testimony from the 
House hearing on the amendment:

       The rights in question--the rights of crime victims not to 
     be victimized yet again through the processes by which 
     government bodies and officials prosecute, punish, and 
     release the accused or convicted offender--are indisputably 
     basic human rights against government, rights that any 
     civilized system of justice would aspire to protect and 
     strive never to violate.
       Our Constitution's central concerns involve protecting the 
     rights of individuals to participate in all those government 
     processes that directly and immediately involve those 
     individuals and affect their lives in some focused and 
     particular way. . . . The parallel rights of victims to 
     participate in these proceedings are no less basic, even 
     though they find no parallel recognition in the explicit text 
     of the U.S. Constitution.
       The fact that the States and Congress, within their 
     respective jurisdictions, already have ample affirmative 
     authority to enact rules protecting these rights is. . .not a 
     reason for opposing an amendment altogether. . . . The 
     problem, rather, is that such rules are likely, as experience 
     to date sadly shows, to provide too little real protection 
     whenever they come into conflict with bureaucratic habit, 
     traditional indifference, sheer inertia, or any mention of an 
     accused's rights regardless of whether those rights are 
     genuinely threatened.

  Now, some people would say, ``Let's pass another Federal statute.'' 
To them, I say: Been there, done that. We did that twice--in the case 
of the Oklahoma City bombing--and the judge ignored the Federal statute 
both times. According to the FBI, 98.4 percent of violent crimes are 
prosecuted in State courts. So why a Federal statute won't work is that 
even the broadest Federal statute would affect only 1 percent of the 
victims of violent crimes in this Nation. And then that statute could, 
in effect, be trumped at any time by the constitutional amendment 
provided to the accused.
  The attorneys general of 37 States, Puerto Rico, and the Virgin 
Islands have all signed a letter with this statement:

       We are convinced that statutory provisions are not enough. 
     Only a Federal constitutional amendment will be sufficient to 
     change the culture of our criminal justice system.

  Let me tell you, very personally, why I believe this to be very 
necessary. Let me take you back to my life in San Francisco in the 
1970s. In 1974, in my home city, a man by the name of Angelo Pavageau 
broke into the house of Frank and Annette Carlson in Portrero Hill. Mr. 
Pavageau tied Mr. Carlson to a chair, murdered him by beating him with 
a hammer, a chopping block, and a ceramic vase. He then repeatedly 
raped Annette Carlson, who was 24 years old, breaking several of her 
bones. He slit her wrists and tried to strangle her with a telephone 
cord before setting their home on fire and leaving them to go up in 
flames.
  But Mrs. Carlson survived the fire; she lived and she testified 
against her attacker. That testimony sent him to prison where he 
resides, I believe, to this day. But she has been forced to change her 
name. She lives anonymously and she continues to live in fear that one 
day her attacker may be released and come back after her.
  When I was mayor of San Francisco, she called me several times to 
notify me that she had found out that he was up for parole, and she 
begged me to do what I could to see that she would know if he was 
released so she could protect herself. Amazingly, it was up to her to 
find this information. The system did not provide it.
  I believe no American citizen should have to live out of fear that 
their attacker will be released from jail or from prison without their 
notice. That is a basic right provided by this measure.
  In 1979, a killing occurred which galvanized the victims' rights 
movement in California. A young woman named Catina Rosa Salerno was 
murdered on her first day of school at the University of the Pacific in 
Stockton. The killer was an 18-year-old, Steven Jones Burns, Catina's 
high school sweetheart and a trusted family friend. After shooting her, 
Burns went back to his dorm room to watch Monday night football. He 
could see her as she bled to death outside his window.
  During the trial, the family was not allowed in the courtroom and had 
to sit outside waiting for news. The murder of Catina had a profound 
and lasting effect on the family. Her mother, Harriet, and her father, 
Michael, cofounded Crime Victims United, one of California's more 
outspoken groups for victims' rights, and the family has since that day 
worked tirelessly to educate the public about the rights of crime 
victims.
  These cases helped California become the first State in the Nation to 
pass a crime victims' constitutional amendment, an amendment to the 
State Constitution of California, Proposition 8, in 1982. It gave 
victims the right to restitution, the right to testify at sentencing, 
probation, and parole hearings, established a right to safe and secure 
public school campuses, and made various changes in criminal law. It 
was a good start.
  Since that time, a total of 32 States have passed constitutional 
amendments to provide victims of crime with certain basic rights. All 
of them have passed by substantial margins--Alabama, 80 percent; 
Connecticut, 78 percent; Idaho, 79 percent; Illinois, 77 percent; 
Indiana, 89 percent; Kansas, 84 percent. Some States passed them by 
constitutional convention: South Carolina, Tennessee, Texas, Utah, 
Virginia, Washington, and Wisconsin.
  What is wrong with that? What is wrong is the paperwork quilt of 
different rights provided by different State Constitutions. The 
remaining States--18 of them--provide no basic rights for a victim of a 
violent crime. We provide a basic core of rights--of notice, of 
presence, to be heard, to be noticed of an attacker's release, to 
restitution if ordered by a judge--eight certain, basic, core rights 
that exist for every victim of a violent crime throughout the United 
States. For the first time in history, the Constitution would recognize 
a victim has core basic rights, that those rights are present in the 
Constitution, and that the victims are free to exercise those rights.
  In summary, I know this amendment is controversial. I know there are 
those who will say these State amendments are enough. I want to give a 
few examples of why the State amendments are not enough.
  Maryland has a State amendment. But when Cheryl Rae Enochs Resch was 
beaten to death with a ceramic beer mug by her husband, her mother was 
not notified of the killer's release 2\1/2\ years into the 10-year 
sentence. The mother was not given the opportunity to be heard about 
this release--in violation of the Maryland constitutional amendment.
  Arizona has a State constitutional amendment, but an independent 
audit of victim-witness programs in four Arizona counties, including 
Maricopa County, where Phoenix is located, found that victims were not 
consistently notified of hearings; they were not conferred with by 
prosecutors regarding plea bargains; they were not consistently 
provided with an opportunity to request postconviction notification.
  Ohio has a State amendment. But when the murderer of Maxine Johnson's 
husband changed his plea, Maxine was not notified of the public hearing 
and was not given the opportunity to testify at his sentencing as 
provided in Ohio law.
  A Justice Department-supported study of the implementation of State 
victims' rights amendments released earlier this year made similar 
findings:

       Even in States with strong legal protections for victims' 
     rights, the Victims' Rights study revealed many victims are 
     denied their rights. Statutes themselves appear to be 
     insufficient to guarantee the provision of victims' rights.

  The report goes on:

       Nearly two-thirds of crime victims, even in states with 
     strong victims' rights protection, were not notified that the 
     accused offender was out on bond.

  Therefore, the victim had no opportunity to protect himself or 
herself.

       Nearly one half of all victims, even in the strong 
     protection states, did not receive notice of the sentencing 
     hearing--notice that is essential if they are to exercise 
     their right to make a statement at sentencing.

  Finally:

       A substantial number of victims reported they were not 
     given an opportunity to make

[[Page 5872]]

     a victim impact statement at sentencing or parole.

  State amendments are not enough. The reason a Federal statute will 
not work is that it has not worked before and our area of coverage is 
too small. The best Federal statute we could pass would cover but 1 
percent of victims of violent crimes in this Nation.
  That leaves but one remedy. It is a difficult remedy. It takes time. 
It imposes an act of conscience on every Member of this body and the 
other body who believes the Constitution of the United States should 
not be amended: Is it worthy to make this amendment to afford the 
victim of a rape attack, the victim of an attempted murder attack, with 
the notice as to when that individual is going to be released from jail 
or prison? I think it is.
  Is this a worthy enough cause so that an individual can at least be 
noticed when a trial is going to take place, can at least be present, 
can at least make a statement, can at least have an order of 
restitution if ordered by a judge, and to at least have notice of these 
basic rights? I think so.
  I don't believe the Constitution of the United States was written 
purposefully to exclude victims. The victim was part of the trial. The 
victim brought the trial. The victim brought the investigation. The 
victim was present in court. And our country functioned that way until 
the mid-19th century and the evolution of the public prosecutor.
  The only way to remedy this significant omission, I contend, is to 
amend the Constitution of the United States and at long last show the 
Constitution is, in fact, a living document, that it does expand to 
take into consideration the evolution of circumstances within our 
country. This cannot be done, it cannot be achieved, without an 
amendment to the Constitution of the United States.
  I reserve the remainder of my time, and I yield the floor.
  Mr. HATCH. Mr. President, the people who have followed the victims' 
rights amendment closely know that I voted for this measure in the 
Judiciary Committee, and that I did so despite some reservations about 
its provisions and its language. No one has worked harder on this issue 
than the distinguished chairman of the Judiciary Committee's 
Subcommittee on Technology, Terrorism, and Government Information--
Senator Jon Kyl. He has been a tireless advocate for victims rights, 
and has done more than most will ever appreciate to make the Senate's 
consideration of this proposed resolution a reality. Both he, and his 
lead cosponsor and ranking member on the Subcommittee, Senator Dianne 
Feinstein, are to be commended. Frankly, they--and the committed 
network of victims' advocates--are why we are here today. It is because 
of their tireless commitment to this measure that I will vote to invoke 
cloture on the motion to proceed to consideration of S.J. Res. 3. I 
should be clear, however, that I do so with some reservations 
concerning the proposed text of the amendment. But I hope my concerns 
can be addressed during the floor debate on the resolution.
  Among my reservations are:
  Its scope: the amendment's protections apply only to violent crimes;
  Its vagueness: some of its definitions are unclear and will be 
subject to too much judicial discretion; and
  Its effects on principles of federalism: the proposed amendment could 
pave the way for more federal control over state legal proceedings.
  Given my reservations, some of my colleagues have asked how I could 
nevertheless approve the Senate's consideration of S.J Res. 3. I'd like 
to explain, beginning with a little background on the origins of the 
criminal justice system.
  Our Constitution provides the backbone for what has unquestionably 
evolved into the best criminal justice system that has ever existed on 
Earth. Decent and thoughtful people have worked for over two hundred 
years writing and re-writing the statutes, case law, rules and 
procedures that guide the judges and lawyers who run the system. Those 
laws and rules have, by and large, kept the courts appropriately 
focused on the twin goals of seeking the truth and protecting the 
accused from arbitrary or unreasonable government actions.
  Although our criminal justice system is the best, it is not perfect. 
There are many ways in which it could improve. One of the most 
important areas needing improvement is the manner in which the criminal 
justice system treats victims of crime.
  The fact that the drafters of the Constitution did not include 
specific rights for victims of crime is not surprising. At that time, 
there was no need for such rights because victims were parties to the 
legal actions against their perpetrators. There was no such thing as a 
public prosecutor; victims brought cases against their attackers. When 
the Constitution was drafted, victims of crime were protected by the 
same rights given to any party to litigation.
  The rights of victims were dramatically altered--along with the rest 
of the criminal justice system--with the advent of government-paid 
public prosecutors in the mid-1800s. Since then, the government, not 
the victim, has been the party litigating against criminals in court. 
Obviously this has been a tremendously important effect on society by 
ensuring that criminals are punished even when their victims could not, 
or would not, prosecute them. Today we would not have even a semblance 
of crime control without public prosecutors.
  Unfortunately, however, one side-effect of replacing victims with 
public prosecutors was to force victims to the sidelines of the 
criminal justice system. No longer are victims parties to the case. No 
longer do individual victims have legal representation in court. No 
longer are the victims an integral part of the process. Instead, 
victims have become relegated to the role of one-call witnesses who can 
be summoned--or not--by either side.
  The distance between victims and the criminal process has grown 
greater over time. Prosecutors are overworked, courts face backlogs of 
cases, and prisons are overcrowded. These practical constraints, 
together with strategic legal considerations, has led to an 
increasingly institutional view of crime--a view that focuses on 
processing cases rather than involving victims.
  In conclusion, Mr. President, I believe the time has come for the 
Senate to consider the victims rights amendment. The issue for the 
Senate should not be whether we pass a victims' rights amendment--I 
believe we should do so. But I believe we must ensure that whatever 
form our final product takes, we have fully debated and considered the 
matter. In the end, deliberations and our final passage of a victims' 
rights amendment will have profound, reaching effects on the criminal 
justice system. We need to be sure the results are as we would wish 
them to be.
  The PRESIDING OFFICER. The Senator from Vermont.
  Mr. LEAHY. Mr. President, I listened to my two distinguished 
colleagues. Not only are all colleagues ``distinguished'' colleagues, 
but these two are also personal friends. One is a Republican, one a 
Democrat. Both are individuals I like very much, individuals with whom 
I enjoy working on the Senate Judiciary Committee.
  However, notwithstanding our friendship and our service on the same 
committee, I must disagree with them on this constitutional amendment.
  I do not disagree with them at all on the intent of the amendment to 
give victims rights; to make sure they can be heard in sentencing, to 
make sure their views are sought out in every area from plea bargains 
to compensation. I know in the 8 years I was a prosecutor I did that. 
It was the standard procedure in my office. I insisted that victims be 
heard in the pre-sentence report, victims be heard by the court, 
victims be heard by the prosecutor's office if a determination was made 
to either bring extra charges or to drop some charges--whatever the 
reason might be.
  I must admit, I would have been very concerned had there been a 
constitutional amendment of this nature because I can almost picture 
the number of appeals, the number of delays, and

[[Page 5873]]

the number of other issues that would come up. In many ways, it would 
create, in my view, just the opposite effect from that which the 
sponsors want; that is, so many appeals could come out of this that 
everybody would lose sight of who is being prosecuted and why.
  Last Wednesday, we observed the fifth anniversary of the killing of 
168 Americans in the horrific bombing of the Alfred P. Murrah Federal 
Building in Oklahoma City, and we opened the Oklahoma City National 
Memorial.
  Every American was shocked at the initial bombing. Every American 
must have been moved by the speeches and the observance at the 
memorial. I remember, after that terrible incident, the Senate 
proceeded to consider antiterrorism legislation. The incident was in 
the spring, and by June, we were considering antiterrorism legislation. 
In fact, at that time the Senate accepted my amendment to include 
victims legislation in the antiterrorism bill. I worked with Senator 
McCain to increase assessments against those convicted of crime, with 
the assessments to go to the Crime Victims Fund. When the matter was 
completed the following year, we preserved our legislative improvements 
to help victims of terrorism in the United States, in fact around the 
world, as the Justice for Victims of Terrorism Act of 1996. We moved 
very quickly to respond.
  Last Thursday, we also observed the anniversary of the tragic 
violence at Columbine High School. That was one in a series of deadly 
incidents of school violence over the last few years. Scores of our 
Nation's children have been killed or wounded over the last 3 years 
from school violence, and that violence has shaken families and 
communities across our Nation. In the wake of the Columbine violence, 
the Senate moved to the consideration of juvenile crime legislation. We 
had one of the few real Senate debates in the past few years. We had a 
2-week debate. During that 2-week debate, we greatly improved the bill 
with numerous amendments, including a number directed at commonsense, 
consensus gun safety laws.
  On May 20 last year, within a month of the Columbine tragedy, the 
Senate acted to pass the Hatch-Leahy juvenile crime bill. We did it by 
a 3-1 margin, but since last May when we passed it, the Congress has 
kept the country waiting for final action on the legislation. Since 
last May, the Congress and the Senate have kept the country waiting for 
sensible gun safety laws. It has been now more than a year since the 
tragic event at Columbine High School in Littleton, CO; more than a 
year since 14 students and a teacher lost their lives in that tragedy 
on April 20, 1999. Still, the American people are waiting for action by 
this Congress.
  It has been more than 11 months since the Senate passed the Hatch-
Leahy juvenile justice bill by a bipartisan vote of 73-25. It had 
modest, but I believe effective, gun safety provisions in it. It has 
been more than 8 months since the House and Senate juvenile justice 
conference met. That was only a ceremonial meeting. We did it for the 
first and the last and the only time. Throughout the entire school year 
that has ensued, the Republican Senate chairman of the House-Senate 
conference and the Republican leadership of the Congress, have refused 
to call this conference back to work. The Senate and House Democrats 
have been ready for months to reconvene the juvenile justice conference 
and work with Republicans to craft an effective juvenile justice 
conference report that includes reasonable gun safety provisions. But 
the majority has refused to act.
  I think the lack of attention, a lack of effective action is 
shameful, particularly in light of the fact that Congress has spent far 
more time in recess than in session since the first ceremonial meeting 
of the conference.
  I spoke on the floor several times over the last year--on September 
8, September 9, October 21, March 21, March 28, March 29, April 5, 
April 6, April 13, and today--urging the majority to reconvene the 
juvenile justice conference. I have joined with Senators, both in 
writing and on the floor, to request the Senate leadership let us 
complete our work on the conference and send a good bill to the 
President. We should not delay simply because some powerful gun lobbies 
do not want us to pass even the most modest gun safety legislation; 
even the modest provision that closes this huge loophole we now have 
for gun shows where somebody in a flea market can sell firearms to 
felons.
  On October 20, 1999, all the House and Senate Democratic conferees 
sent a letter to Senator Hatch and Congressman Hyde, calling for an 
open meeting of the conference. On March 3 of this year, after another 
shocking school shooting involving 6-year-old classmates in Michigan, 
Representative Conyers and I wrote again to Senator Hatch and 
Congressman Hyde requesting an immediate meeting of the conference. The 
response has been resounding silence.
  Even a bipartisan letter on April 11 from the Republican chairman of 
the House Judiciary Committee, Henry Hyde, and the Ranking Democrat, 
John Conyers, to the Republican Senate chairman of the conference, 
Senator Hatch, has not succeeded in getting the conference back to 
work. We have to find time, or at least the will, to pass balanced, 
comprehensive juvenile crime legislation. This is something that could 
be signed into law today, or within a day after being passed. This is 
legislation we passed by a 73-25 margin, and then we hold it in 
abeyance because the gun lobbyists said do not touch this.
  What have we done in the meantime? We keep having a number of 
proposed constitutional amendments. Last month, it was a proposed 
constitutional amendment regarding the flag. I spoke at the beginning 
and end of that debate to urge the Senate to turn to completing our 
work on the juvenile crime bill, health care reform legislation, on 
minimum wage legislation, on privacy legislation, on confirming the 
Federal judges needed in our courts around the country, and all the 
other matters that have been sidetracked this year. But rather than 
doing the legislative work that we should do first and foremost, we are 
now going to turn our attention to another constitutional amendment, 
this one with regard to crime victims' rights.
  I believe constitutional amendments, if they are brought up, should 
be approached seriously. The distinguished Senator from Arizona and the 
distinguished Senator from California have approached it seriously. But 
that means a real, serious debate. If we are going to amend the 
Constitution of the United States, we should do it seriously. Instead, 
late on Thursday, after we voted to adopt an adjournment resolution, 
and everybody had left for the airport, the majority leader came to the 
floor to move to proceed to this matter. I do not think constitutional 
amendments should be a time filler to be called upon when we do not 
want to proceed to legislative items. Nor is a constitutional amendment 
the type of item that should be rushed through Senate consideration. It 
should be explored and thoughtfully considered. If we are going to 
start having constitutional amendments rather than legislative matters, 
then let's set aside a good period of time--a few weeks--to talk about 
this one.
  Let's talk about the others that should come up. I can think of at 
least two. Let's have a constitutional amendment debate on abortion. 
For those who think Roe v. Wade should be the law of the land, let's 
write it into the Constitution. For those who think it should not be, 
this is the chance to overrule the Supreme Court. Let's settle once and 
for all this whole constitutional issue on abortion. Let's have a 
constitutional amendment on that. I am perfectly willing to move 
forward with that. Even though I have stated my strong positions on 
this issue, let's have a debate on it.
  There are those who are concerned about whether we have too many gun 
rights and those who think we do not have enough. Maybe we should have 
a gun amendment to clarify the second amendment. Maybe we should get 
these issues out of the way once and for all. We can spend a few weeks 
on each one of these. We can be done by late August, and the Senate 
will have spoken as to how they think it should be done.

[[Page 5874]]

  The last two times the Senate debated the so-called balanced budget 
amendment, those debates consumed a number of weeks, as they should. 
This was a palliative I happened to oppose. We were told that without a 
constitutional amendment to balance the budget, we could never balance 
the budget. Many of us said if we did our work and wrote the 
legislation the right way we could. Of course, that is exactly what 
happened. We did not need a constitutional amendment after all. We are 
now debating how to spend the budget surpluses because we balanced the 
budget without a constitutional amendment.
  This proposed amendment is of similar length and additional 
complexity and will require some time to debate, as we did with the 
balanced budget amendment.
  In addition, of course, this is the first time this amendment will be 
debated by the Senate. It has never been debated by the House. So there 
is a lot of new ground to cover. If we are to pass it, I know the House 
will want to look to our debate. I assume there will be weeks of debate 
on it, as there should be. It is a legitimate issue.
  I think it can be handled statutorily, but if we are going to do it 
in the Constitution, we should spend the weeks necessary to make sure 
we get it right.
  By way of illustration, the Judiciary Committee took more than 6 
months to file its report on the proposed amendment, even though a 
similar measure had been the subject of a report last Congress. I note 
that the majority views in the committee report run over 40 pages. The 
principal sponsors, Senators Kyl and Feinstein, added a statement of 
their own additional views on top of those. I urge all Senators to read 
them because they are worth reading. I note that the minority views, in 
which I join with Senators Kennedy, Kohl, and Feingold, extend over 35 
pages. I think they are well worth reading. There is a lot of 
discussion in them.
  We will vote today on the majority leader's motion to invoke cloture 
on the motion to proceed. I will not oppose invoking cloture on the 
motion to proceed. In fact, I urge Senators to vote for cloture on the 
motion to proceed. I hope it will be a 100-0 vote. But once we proceed 
to consideration of this measure, my colleagues should understand that 
it is an important matter that will require some extensive debate, and 
we will see serious and substantial amendments to this proposal. I have 
heard from both sides of the aisle. I told the distinguished Senator 
from California that I will offer a statutory alternative in the days 
ahead that can move the cause of crime victims' rights forward 
immediately by a simple majority vote, without the additional 
complications and delays the constitutional amendment ratification 
process might entail, and without the need to return to Congress to 
draft, introduce, and pass implementing legislation. There will be 
other amendments, as I have said.
  I know the distinguished sponsors of this amendment have been through 
more than 60 drafts to date. This is not an easy issue. It is hardly 
fixed in stone. It has not had Senate scrutiny. In fact, a number of 
Senators told me when they came back from the recess that they were 
surprised to know this was coming up because it was added to the agenda 
after we had voted to adjourn for the Easter recess. Many Senators are 
surprised it is before us. I have told them the proposed constitutional 
amendment is important. I think its meanings and mandates have to be 
explored.
  In my personal view--and I actually note this with some sadness--the 
focus on the constitutional amendment has actually had the unintended 
consequence of slowing the pace of victims' rights legislation over the 
past several years. I am reminded of the debate we had year after year 
of the need for a balanced budget amendment to the Constitution. 
President Reagan, who submitted budgets with the biggest deficits in 
the Nation's history, would always give great speeches about needing a 
constitutional amendment to balance the budget. Of course, I used to 
tell him: There you go again. All you had to do was introduce a 
balanced budget and let us vote on it. Instead, he introduced budgets, 
as was his right as President, with enormous deficits, and then a few 
days later gave a speech saying: I wish we had a constitutional 
amendment to balance the budget so we could balance this budget.
  A President came along who did balance the budget. It was a very 
tough vote. I remember that vote in 1993. By a 1-vote margin in the 
House--no Republicans voted to balance the budget, which means cutting 
a whole lot of programs--no Republicans voted for it. It passed by a 1-
vote margin in the House. It was a tie vote in the Senate. Vice 
President Gore had to preside and cast the deciding vote for a balanced 
budget.
  It was tough. A lot of special interest groups from the right to the 
left saw their programs nailed, but it was the only way to balance the 
budget, and we balanced it. The stock market and the various financial 
markets took note: This is serious; they really are serious. That vote 
began this huge economic surge in this country. I do recall some on the 
other side saying: Why, if we vote to balance the budget, we are going 
to have enormous layoffs, 20 percent unemployment, we are going to have 
a depression, we are going to have a recession--all these things. 
Instead, the economy has created the most jobs ever in the history of 
our Nation. We have had the greatest economic expansion in our Nation's 
history and an enormous budget surplus. That is what happened, but it 
took a tough vote, not a palliative of a constitutional amendment to 
balance the budget; a tough vote.
  A lot of Democrats who were courageous enough to actually vote to 
balance the budget were defeated the next year because they had to cast 
such unpopular votes to balance the budget. They did the right thing, 
and their children and grandchildren will bless them for it.
  I have argued that rather than look again, in this case victims' 
rights, to a constitutional amendment, we should be looking at a 
statutory way, the same way we did with the balanced budget. I wish the 
Senate was considering the Victims Assistance Act, S. 934, and its 
extensive provisions to improve crime victims' rights and protections 
now and do that during this debate. Instead of during the next several 
weeks debating the constitutional amendment, why don't we debate S. 
934?
  I wish we would consider our Seniors Safety Act, S. 751, that helps 
protect our seniors from nursing home fraud and abuse and creates 
protections for victims of telemarketing fraud. These senior citizens 
who are abused in nursing homes and who are ripped off from 
telemarketing frauds are victims also.
  I wish the Senate would consider a number of the scores of additional 
legislative proposals that would assist crime victims. Instead of the 
weeks we will spend on this constitutional amendment, why don't we 
debate the Violence Against Women Act II, S. 51, that my friend, 
Senator Biden, has championed? That bill will continue and improve 
important and effective programs for domestic violence victims and 
other victims of crime. The aid to those victims of crime would be 
immediate.
  Senator Wellstone has introduced the International Trafficking of 
Women and Children Victim Protection Act, S. 600. It has received 
little attention, but it should be debated. He also sponsored the 
Battered Women's Economic Security and Safety Act, S. 1069, and the 
Children Who Witness Domestic Violence Protection Act, S. 1321. These 
bills were introduced to improve the safety and security of these 
victims, but they are not being considered.
  It is said that we do not have time, but we are going to spend 
several weeks on a constitutional amendment that would still have to go 
through the other body, and would still have to go to the States for 
approval and ratification. During those several weeks, we could be 
debating those pieces of legislation for victims.
  Senators Snowe, Hutchison, Grams, Ashcroft, Smith, Abraham, Hatch, 
Edwards, Durbin, Torricelli, and others have sponsored legislation to 
help

[[Page 5875]]

crime victims, but I do not think we are going to consider them. We are 
going to debate a proposed constitutional amendment. We will spend 
several weeks on something that is not self-executing but would require 
additional follow-on legislation in any event, but we are told we do 
not have time to debate, again, legislation which could apply help to 
victims this summer.
  So as we turn to this constitutional debate, I observe it is not a 
matter on which the immediate filing of a cloture motion would be 
appropriate. I urge all Senators--Republicans and Democrats alike--to 
vote for cloture on the motion to proceed. But if we are serious about 
debating this measure, then we should debate it. The distinguished 
Senator from Arizona should have all the time he needs to talk about 
it. The distinguished Senator from California should have all the time 
she needs to talk about it. Other Senators who strongly support it 
should have all the time they need. But a number of Senators who 
disagree with them ought to have time to speak, too.
  If it means setting aside other legislative agenda, then let's do so. 
We have a short legislative calendar filled with recesses as it is. Do 
away with a couple of the recesses and devote a significant portion of 
that time to this. It is not my first choice. I would prefer to go to 
legislative matters on the calendar. But if we are going to bring up a 
constitutional amendment, let's do it right.
  I hope once we turn to the measure, the majority leader will 
recognize the inappropriateness of filing a cloture motion on this 
unexplored, proposed constitutional amendment. When that course was 
followed in 1995 in connection with the constitutional amendment to 
impose term limits on Congress, it short circuited the debate and 
prevented any serious consideration or amendment.
  But then I suspect in that case it was because a lot of the people 
who said they were for term limits never wanted to actually vote on 
term limits. We have had people in this body who have been for term 
limits before I was born, people who have come back here 20 and 30 and 
40 years to the Congress saying: We have to do something about term 
limits. They are so determined they will stay here if it takes them 100 
years. If they have to serve for 100 years to get term limits, they 
will do it. It is probably why we have never voted on term limits, 
because it is a lot easier to talk about it than to vote on it. It is 
like a balanced budget; it is a lot easier to talk about it than to 
vote on it.
  But we have a serious matter here. It has never been considered by 
the Senate, so we should talk about it. I think it could erect 
technical problems for important amendments such as proposals of 
statutory alternatives. But both the supporters and the opponents 
should know that we should have debate on it.
  We have had a number of people, conservative commentators such as 
George Will and Stewart Taylor, who have spoken out strongly against 
it. We have had liberal commentators who have spoken out against it.
  We have editorials from the New York Times, the Washington Post, and 
others who have opposed it--people ranging from Chief Justice William 
Rehnquist to Bud Welch, the father of one of the victims of the 
Oklahoma City bombing.
  I ask unanimous consent that a partial list of those opponents be 
printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                    List of Opponents of S.J. Res. 3

       Bill Murphy, Past-President of the National District 
     Attorney's Association, in his personal capacity;
       The Judicial Conference of the United States;
       The National Center for State Courts (State Chief Justices 
     Association);
       Cato Institute;
       Bruce Fein, former U.S. Deputy A.G. under President Reagan;
       Second Amendment Foundation;
       Chief Justice William Rehnquist';
       Chief Justice Robert Miller, South Dakota Supreme Court;
       David Nelson, State's Attorney and Beck Hess, Victim 
     Witness Assistant, Office of the Minnehaha County, South 
     Dakota, State's Attorney;
       County of Carbon Montana County Attorney;
       Victim Services, the largest victim assistance agency in 
     the country;
       The Judicial Conference of the United States;
       The National Center for State Courts (State Chief Justices 
     Association);
       Over 300 Law Professors;
       NOW Legal Defense Fund;
       National Association for the Advancement of Colored People;
       National Clearinghouse for the Defense of Battered Women;
       Murder Victim's Family Members for Reconciliation;
       Louisiana Foundation Against Sexual Assault (Louisiana);
       North Dakota Council on Abused Women's Services;
       Arizona Coalition Against Domestic Violence;
       Iowa Coalition Against Domestic Violence;
       North Dakota Council on Abused Women's Services;
       Hawaii State Coalition Against Domestic Violence;
       New Mexico Coalition Against Domestic Violence;
       Virginians Against Domestic Violence;
       West Virginia Coalition Against Domestic Violence;
       Pennsylvania Coalition Against Domestic Violence;
       Wisconsin Coalition Against Domestic Violence;
       Justice Policy Institute;
       Center on Juvenile and Criminal Justice;
       National Center on Institutions and Alternatives;
       American Friends Service Committee;
       Friends Committee on National Legislation;
       National Association of Criminal Defense Lawyers;
       American Civil Liberties Union;
       Federal Public Defender, Western District of Washington;
       Beth Wilkinson, Prosecutor Oklahoma City bombing;
       Bud Welch, Father of victim of Oklahoma City bombing;
       SAFES (Survivors Advocating for an Effective System).

  Mr. LEAHY. Mr. President, I yield the floor and reserve the remainder 
of my time.
  The PRESIDING OFFICER (Mr. Enzi). Who yields time?
  Mr. KYL. Mr. President, let me take a few minutes to respond to the 
distinguished ranking member of the Judiciary Committee, Senator Leahy.
  He is absolutely correct that constitutional amendments should not be 
rushed. We have taken a long time to get to this point--4 years. As a 
matter of fact, in the Judiciary Committee alone we have heard from 34 
witnesses and have had 802 pages of testimony and submissions. In the 
House, there have been hearings. They have had 32 witnesses and about 
575 pages of testimony and submissions. In other words, there have been 
about 66 witnesses and nearly 1,400 pages of testimony.
  I commend the report of the Judiciary Committee to anyone who would 
like a really good read on this entire subject and the reasons why we 
need a Federal constitutional amendment.
  The bill passed out of the Judiciary Committee 12-5. We took our time 
getting it to the Senate floor to make sure everybody had their say. 
The distinguished ranking minority member needed additional time to 
file his comments to the report. That was granted. He did so.
  We agree there should be adequate time for the debate of this 
constitutional amendment, but we disagree that there should be a 
filibuster to use unnecessary time of the Senate.
  Senator Leahy talked about a lot of things. He talked about abortion, 
gun control, a balanced budget amendment and Ronald Reagan, the 
juvenile crime bill, nursing home fraud, and term limits. I would 
suggest that we ought to stick to the subject.
  We all know one good way to defeat a good idea is to talk it to death 
and threaten to delay other business of the Senate.
  I would suggest we stick to the exact question before us, and that is 
whether there should be a constitutional amendment protecting victims 
of crime.
  Senator Feinstein and I have laid out the case for this.
  As I heard Senator Leahy, there was only one fleeting reference to an 
argument in opposition. That was that the Senate had acted with 
alacrity in dealing with the problems that the victims

[[Page 5876]]

of the Oklahoma City bombing case were suffering because the judge 
there did not permit the victims to attend the trial. Basically, he 
gave them a choice, over a lunch hour one day, saying: You can either 
attend the trial or be present at the time of sentencing and speak to 
that issue, but you cannot do both. Take your pick. What a Hobson's 
choice. The prosecutor really could not help advise the victims. Some 
of them chose not to attend the trial. Others chose to attend.
  Senator Leahy is correct about one thing. The Congress did act 
quickly to pass a law basically telling the Federal judge that they did 
have a right to attend the trial and the right to attend the sentencing 
and to speak at that time and that he should not deny them that right.
  We passed that. The day after the Senate passed it, the President 
signed it into law. We were so concerned that these victims of that 
horrible tragedy have their rights protected that we passed a Federal 
statute--exactly what Senator Leahy is suggesting as an alternative to 
the Federal constitutional amendment that Senator Feinstein and I have 
presented.
  What has happened? What has happened is that we are worse off than we 
were before we passed the statute. The judge did not apply the statute 
to protect the victims of crime. In effect, what happened was that the 
defendant's right to exclude them, based in the U.S. Constitution, 
trumped the Federal statute which, of course, is subservient to the 
Federal Constitution. If that was the basis on which the court ruled, 
it would have been a correct basis. If he really felt the defendant's 
rights required that the victims not be present in the courtroom, and 
that those rights are in the U.S. Constitution, then he would be 
correct that that would trump a Federal statute--the one that the 
Congress passed.
  Clearly, the Oklahoma City bombing litigation leaves no doubt about 
the difficulties that victims face with mere statutory protection of 
their rights. For a number of the victims, the rights afforded in the 
act Congress passed in 1997 and the earlier victims' rights bill were 
not protected. They did not observe the trial of the defendant in that 
case, Timothy McVeigh, because of lingering doubts about the 
constitutional status of the statutes.
  The interesting thing is that because that case was later taken up on 
appeal, the case of these victims, and the Tenth Circuit ruled in that 
case denying the victims the rights notwithstanding the Federal 
statute, you literally have a situation in which it would have been 
better if Congress had not acted by statute because there is now a 
precedent on the books. This was the first time victims sought Federal 
appellate review of their rights since the Victims Bill of Rights was 
passed in 1990, the underlying statute on which the 1997 statute was 
based.
  Quoting now from Professor Paul Cassell:

       The undeniable, and unfortunate, result of that litigation 
     has been to establish--as the only reported federal appellate 
     ruling--a precedent that will make effective enforcement of 
     the federal victims rights statutes quite difficult. It is 
     now the law of the 10th circuit that victims lack 
     ``standing'' to be heard on issues surrounding the Victims' 
     Bill of Rights and, for good measure, that the Department of 
     Justice may not take an appeal for the victims under either 
     of those statutes. For all practical purposes, the treatment 
     of crime victims' rights in federal court in Utah, Colorado, 
     Kansas, New Mexico, Oklahoma and Wyoming have been remitted 
     to the unreviewable discretion of individual federal district 
     court judges.

  Professor Paul Cassell of the University of Utah Law School 
concludes:

       The fate of the Oklahoma City victims does not inspire 
     confidence that all victims rights will be fully enforced in 
     the future.
       . . . the Oklahoma City case provides a compelling 
     illustration of why a constitutional amendment is necessary 
     to fully protect victims' rights in this country.

  The sad truth is that Congress's efforts to protect the rights in a 
very specific case by Federal statute not only didn't protect their 
rights but made matters worse. The statutory alternative Senators 
Kennedy and Leahy have proposed is not the answer. There has been no 
refutation of the point I tried to make in my original 10-minute 
statement that authority after authority after authority--the Attorney 
General, the Governors, the attorneys general--have all said that 
despite their best efforts, the statutory and State constitutional 
remedies simply have not worked to provide protections to victims of 
violent crime. After 18 years of experimenting, of trying, of doing 
their best, it is obviously now necessary to move forward with the next 
step, which is to elevate these rights to the same Constitution that 
protects the rights of the defendants. Nothing less is going to work.
  I submit the arguments that Senator Feinstein and I made have not 
been refuted. If the only response is that we are going to have to take 
a long time talking about extraneous matters, then my suggestion is 
that there is no real argument by those who oppose this amendment. 
There is no real substance to the notion that we shouldn't move 
forward.
  I reiterate, I am pleased that Senator Leahy will encourage all of 
his colleagues, as I certainly will encourage mine, on both sides of 
the aisle to support the motion to proceed. We do need to proceed. When 
we proceed, we can have that debate. Senator Feinstein and I will renew 
our offer to continue to meet with the Department of Justice to get 
more suggestions from them. We have, in fact, incorporated many of 
their suggestions into the current text of the amendment. But it is 
time to move on. We can't keep putting it off. That is why we filed the 
cloture motion. That is why we want to proceed.
  I appreciate what Senator Leahy said, but I suggest that we need to 
move on with the debate on this amendment. Senator Feinstein and I are 
prepared to do so.
  The PRESIDING OFFICER. The Senator from California.
  Mrs. FEINSTEIN. Mr. President, if I may, I would like to have an 
opportunity to ask the Senator from Arizona a couple of questions. I 
thought he pointed out very ably the problem of a statute filling the 
void, the first problem being that the rights of the accused will 
always trump the rights of the victim. He pointed out very well and 
very ably and very specifically the situation that took place with 
respect to Oklahoma City.
  Then we turned to the FBI to try to get the amount of coverage that 
could be achieved in the statute for victims across this great land. We 
were told that really the best we could do would be to protect by 
statute the 1 to 2 percent of victims who were victimized by violent 
crimes.
  I think it is important that we discuss a little bit more why the 
Constitution will always trump a State law. I ask the Senator to lay 
that out once again.
  Mr. KYL. I thank the Senator. I am pleased to do so.
  I think she makes three very important points. One very important 
point she made is that if you have a Federal statute, you are only 
dealing with 1 to 2 percent of the victims of violent crime--those 8 
million victims each year. Of course, that is the number of Federal 
crimes. There aren't very many serious Federal crimes that would carry 
the penalties necessary to invoke this constitutional provision. A 
Federal statute would be very small and of no comfort to the millions 
of victims of crime involved in State court proceedings.
  Secondly, there are occasions when, as in the Oklahoma City bombing 
case, a defendant's rights are asserted based on an amendment to the 
Constitution. Sometimes, for example, the judge will say: Well, I am 
going to exclude witnesses. I will exclude victims from the courtroom 
because the defendant thinks it will create undue emotion, that it will 
jeopardize his right to a fair trial if the jury sees the victim or the 
family of the victim. That was the case in the Oklahoma City bombing 
case and in scores of others Senator Feinstein has brought to the 
attention of the Senate.
  Of course, the defendant and his family are permitted to sit there 
all dressed up and supportive of the defendant at the time of 
sentencing and to stand up and say what a fine fellow

[[Page 5877]]

he is. The judge takes that into consideration. We are simply saying 
the victims ought to be able to stand before the judge and recount the 
horror, the tragedy, the weakness, the loss they have suffered for the 
judge to take into account as well at the time of sentencing. If the 
defendant's constitutional rights are deemed always to be superior 
because they are embodied in the U.S. Constitution and the victim's 
rights are always secondary, then the victim's rights will be honored 
in the breach rather than the observance, to quote one of the people I 
quoted earlier.
  That is why the third point is so important. Even when there isn't a 
direct conflict--and there will rarely be a direct conflict--the 
primary situation will be presence in the courtroom at the time of 
trial. But in most situations there won't be the direct conflict 
between the defendant's right and the victim's right. It simply is a 
matter of inertia.
  Perhaps Senator Feinstein can find the quotation she read before. I 
think it was Professor Tribe whom the Senator quoted, who talked about 
judicial indifference, inertia. Well-meaning judges and prosecutors 
don't mean to deny victims the notice of the proceedings and the right 
to be present, but it becomes a secondary matter. We give the Miranda 
warning to the defendant. We make sure the defendant has legal counsel 
that people hire on his behalf, and we make absolutely certain that 
none of the defendant's rights are intruded upon, because if they are, 
the case will be overturned on appeal. And that is as it should be. But 
because of that attention to the constitutional rights of the 
defendant, we forget the victim. It is in that sense that the victims' 
rights are simply not being honored, why 60 percent--even in the States 
with good provisions--of the victims do not even get notice. That is a 
horrible statistic. What if we said 60 percent of the defendants didn't 
get their court-appointed lawyer, that it was too inconvenient or too 
costly? Sixty percent is a pretty good percentage. Clearly, we would 
find that inadequate. Fundamental rights are fundamental rights and 
they need to be protected.
  So I think the Senator from California is correct that even though we 
don't mean to deny these rights, either because of the attention paid 
to the defendants or simply because of the fact there are other things 
more important to do than make sure victims have notice of these 
proceedings, they are denied their rights and the ability to 
participate.
  A final point. There has been the contention that somehow it is going 
to become very expensive if--as we do with defendants--society has to 
pay for their rights. We do that for defendants; we pay for their 
attorneys, for their transcripts, and everything they need for their 
appeals. What we did here was not guarantee that victims have the right 
to attend the trial. For example, as are most of the provisions of the 
Constitution, we have said that the Government may not deny them the 
right to participate. They have to get there. They have to get there on 
their own. It is just that the Government can't deny them the right to 
sit on the bench in the courtroom if they show up.
  Mrs. FEINSTEIN. Let me stop the Senator on that point because I think 
he has very well expressed what we are trying to do. We have discussed 
this before. I think the whole body should hear this. We know that 
those who are accused have basic rights. We know that the prosecution 
usually wants to try to get the victim in the courtroom. The defense 
attorney wants to keep the victim out of the courtroom. Supposing a 
situation arises where you have an emboldened or abusive victim, or one 
who is overly emotional, under our amendment, how would this work? What 
rights would the judge have in this situation?
  Mr. KYL. I thank the Senator for that question because people not 
familiar with the process inside a courtroom may wonder if this 
amendment would permit a victim to cause a big scene in court, thus 
disrupting the trial and working to the disadvantage of the defendant. 
Of course, as the Senator knows, a judge has total control of the 
courtroom and has the ability to set whatever rules are necessary to 
maintain decorum and dignity within the courtroom and certainly to 
ensure the protection of the fair trial rights of the defendant. That 
is why a judge can always say--and we have seen it on TV hundreds of 
times--``order in the court,'' in effect saying, if you can't sit there 
quietly and unemotionally watching what is occurring, then you have to 
leave. Because in the court we cannot have undue displays of emotion. 
So the judge has within his total authority the ability to control 
either the defendant from his or her outbursts or any emotional 
outbursts of anybody else in the courtroom, including victims.
  Mrs. FEINSTEIN. I thank the Senator. The Senator and I worked 
extensively with both Laurence Tribe, a professor of constitutional law 
at Harvard University, and Paul Cassell, a professor of law at the 
University of Utah College of Law. Both are very skilled and 
knowledgeable in this area. I happened to find an article that they 
wrote together in a newspaper. I thought it might be interesting to 
hear their view. I would like to read it to you and ask for your 
response:

       We take it to be common ground that the Constitution should 
     never be amended merely to achieve short-term, partisan, or 
     purely policy objectives. Apart from a needed change in 
     governmental structure, an amendment is appropriate only when 
     the goal involves a basic human right that by consensus 
     deserves permanent respect, is not and cannot adequately be 
     protected through State or Federal legislation--

  I think we have shown why that can't happen--

     would not distort basic principles of the separation of 
     powers among the Federal branches or the division of powers 
     between the national and state governments or the balance of 
     powers between government and private citizens with respect 
     to their basic rights.
       The proposed Victims Rights Amendment meets these demanding 
     criteria. It would protect basic rights of crime victims, 
     including their rights to be notified of and present at all 
     proceedings in their case and to be heard at appropriate 
     stages in the process. These are rights not to be victimized 
     again through the process by which government officials 
     prosecute, punish and release accused or convicted offenders.

  Then it goes on to say:

       These are the very kinds of rights with which our 
     Constitution is typically and particularly concerned--rights 
     of individuals to participate in all those government 
     processes that strongly affect their lives. ``Participation 
     in all forms of government is the essence of democracy,'' 
     President Clinton concluded in endorsing the amendment.

  Now, what we come down to, essentially, is how do you express these 
things in a way that gives victims these certain basic rights? I think 
we have tried to do that. We put it up on a schedule here of crime 
victims' rights. I wish to quickly go over this. The rights of the 
accused are on the left. The rights we would afford victims are on the 
right. In a sense, we achieve a kind of balance. Now, the question 
comes when and if these rights come into conflict. The fact is, I think 
we both believe it will be rare that these rights come into conflict. 
As was said, with an emotional victim, there is in the law already the 
opportunity for a judge to handle this situation.
  I have had a very hard time, because the Senator and I have had a 
number of critics on this; we have had a number of newspapers that have 
editorialized and said that what we are trying is trivial, not 
important. But let me tell you something. If you are a rape victim and 
you have reason to believe that individual may come back after you, it 
is not unimportant that you have notice when that individual is 
released from prison or from jail. It is not unimportant at all. I 
indicated earlier a case of an individual who has had to change her 
name and live in fear and anonymity because of this. The Constitution 
should protect that victim, and that is what we try to do. So I have 
had a very hard time seeing instances where there is actual conflict.
  My question of the Senator is, Can the Senator expand on this more 
and indicate where there is conflict? People have said, ``You diminish 
the rights of the accused.'' I don't see us diminishing the rights of 
the accused. Their

[[Page 5878]]

rights are very specific. We don't touch on these. There is the right 
to counsel, the right to due process, the right to a speedy trial. We 
want that, as well, because we know that the speed of the trial is an 
important deterrent to violence. We know that if a trial is not speedy, 
evidence grows cold, witnesses disappear. It is much more difficult to 
make a case if there is a long hiatus between arrest and trial. In 
fact, Federal law recognizes that by moving trials along in an 
expeditious way.
  Double jeopardy. We certainly don't interfere with that. We certainly 
don't interfere with the prohibition against self-incrimination or 
against unreasonable search and seizure, probable cause, a jury of 
peers, the right to be informed, the right to confront witnesses, to 
subpoena witnesses, a prohibition against excessive bail, the right to 
a grand jury. There are a few other rights written into the 
Constitution. But our rights are so basic for a victim, such as the 
right to have notice when a trial takes place, the right to be present 
in the courtroom, the right to make a statement at an appropriate place 
in the trial, the right to have notice if your assailant is released. 
These are certain basic, core rights that in no way, shape, or form, it 
seems to me, interfere with the constitutional rights granted to a 
defendant or to an accused to protect them from excessive government 
under the Constitution of the United States.
  So I have been very perplexed as to why we see bubbling out there 
this argument that we are setting up some collision of rights. We are 
simply trying to provide a victim with certain basic rights that are 
spelled out and are specific.
  Would the Senator care to elaborate on that?
  Mr. KYL. I agree it is perplexing how one could conclude a 
defendant's rights would be trampled on in any way by our proposal. It 
does not do that.
  The article in the Los Angeles Times, quoting Professors Tribe and 
Cassell, makes the point that ``a victims' rights amendment must, of 
course, be drafted so the rights of victims will not furnish excuses 
for roughshod treatment of the accused. The Senate Resolution is such a 
carefully crafted measure, adding victims' rights that can exist side 
by side with defendants'.''
  Precisely the point. There is only one conceivable circumstance I 
know of in which there could actually be an assertion of two 
constitutional rights, one by the defendant and one by the victim, 
which could theoretically come in conflict, and that is the right to be 
present at the trial. Courts deal with that today. They would balance 
the interests tomorrow. We have the same thing existing with respect to 
the press. We have the right of free press. Say victims want to attend 
the trial. Sometimes, as we know, judges don't permit that, but it is 
in the Constitution. That is right. But the defendant has a right to a 
fair trial as well.
  The courts will balance those two interests and generally come to an 
accommodation that enforces both rights.
  Mrs. FEINSTEIN. Would the Senator finish reading that? I think the 
next points are very important to our cause. They should be heard.
  Mr. KYL. I think the two distinguished law professors make a very 
important point. They point out the example of paralleling a 
defendant's constitutionally protected right to a speedy trial. Our 
amendment confers on victims the right to consideration of their 
interest in a trial, free from unreasonable delay.
  By definition, the professors note, these rights could not collide 
since they are both designed to bring matters to a close within a 
reasonable time. If any conflict were to emerge, courts retain ultimate 
responsibility for harmonizing the rights at stake.
  We have also gone one other step. That is, whereas the defendant had 
an absolute right to a speedy trial--and frequently, also, courts 
determine he has a right to delay things--we have provided for victims 
merely that the judge must ``consider'' their desire to bring the trial 
to a speedy conclusion.
  In this case, we have created a right of victims which, indeed, is 
subservient to the right of the defendants. Theirs is absolute. The 
victims have a right to have their views considered. We have been very 
careful to ensure we don't trample on defendants' rights.
  I make one more point because the Senator reminded me of something 
that is very important. In the statement by Professor Mosteller, he 
makes a relative point that relates to this. ``In theory, victims' 
rights could be safeguarded without a constitutional amendment. It 
would only be necessary for actors within the criminal justice system--
judges, prosecutors, defense attorneys, and others--to suddenly begin 
fully respecting victims' rights. The real world question, however, is 
how to actually trigger such a shift in the Zeitgeist. For nearly two 
decades, victims have obtained a variety of measures to protect their 
rights. Yet, the prevailing view from those who work in the field is 
that these efforts have `all too often been ineffective.' Rules to 
assist victims `frequently fail to provide meaningful protection 
whenever they come into conflict with'''--and here I break the 
quotation--not the defendant's rights. They are not conflicting with 
defendant's rights. That is not why they are denied, but rather 
``whenever they come into conflict with bureaucratic habit, traditional 
indifference, or sheer inertia.''
  That is what is preventing these rights from being fully affected--
not that they conflict with the defendant's rights.
  Here is the conclusion: The view that State victims provisions have 
been and will continue to often be disregarded is widely shared, as 
some of the strongest opponents of the amendment seem to concede the 
point. For example, Ellen Greenlee, president of the National Legal Aid 
and Defenders Association, bluntly and revealingly told Congress that 
the State victims amendments, ``so far have been treated as mere 
statements of principle that victims ought to be included and consulted 
more by prosecutors and courts. A State constitution is far . . . 
easier to ignore than the Federal one.''
  That is the bottom line point.
  State constitutions, even Federal statutes, as we found in the 
Oklahoma City bombing case, are far easier to ignore than the U.S. 
Constitution. That is something no judge and no prosecutor can ignore. 
That is why we want to elevate these rights--not because they conflict 
with the defendant's rights, not because they take anything away from 
any accused in the courtroom, but rather because these elemental rights 
of fairness are not currently being enforced by the judges and 
prosecutors because they just don't have the stature of the U.S. 
Constitution.
  Mrs. FEINSTEIN. I thank the Senator.
  If the Senator recalls, in our earlier discussions with the Justice 
Department, we were very concerned that the rights of the accused not 
be violated, not be diminished, and we quite consciously left out any 
specific remedy in this situation so that if someone doesn't exercise 
their right either to be present or to make a statement, in effect, 
they have no remedy, or after they make their statement, if the facts 
in the trial are such and the jury comes in with a decision, they have 
no right of a remedy.
  So the basic core rights we provide are, in a sense, certain 
procedural rights that give them a place in the process.
  Let me read what these two law professors have said on this point:

       The framers of the Constitution undoubtedly assumed the 
     rights of victims would receive decent protection, but 
     experience has not vindicated this assumption. It is now 
     necessary to add a corrective amendment. Doing so would 
     neither extend the Constitution to an issue of mere policy, 
     nor provide special benefits to a particular interest group, 
     nor use the heavy artillery of constitutional amendment where 
     a simpler solution is available, nor would it put the 
     Constitution to a purely symbolic use or enlist it for some 
     narrow partisan purpose. Rather, the proposed amendment would 
     help bridge a distinct and significant gap in our legal 
     system's existing arrangements for the protection of basic 
     human rights against an important category of government 
     abuse.

  This, I think, goes right to the question of remedy. We don't provide 
for a remedy, we simply say you have these basic rights to participate 
in this manner.

[[Page 5879]]


  Mr. KYL. If I could put an exclamation point on that.
  The point Senator Feinstein makes is this: During the pendency of the 
proceedings, the victim has the right to assert these rights. For 
example, if you have a week-long trial and the victim finds out about 
the trial after the second day, the victim can't go back and say you 
have to start the trial all over again. All the victim can do is say, 
hey, I have a right to be there for the rest of the trial.
  That is unlike the defendant's rights. Here is the exact language we 
included: ``Nothing in this article shall provide grounds to stay or 
continue any trial, reopen any proceeding, or invalidate any ruling''--
and there are only two exceptions--``except with respect to conditional 
release or restitution or to provide rights guaranteed by this article 
in future proceedings without staying or continuing a trial. Nothing in 
this article shall give rise to or authorize the creation of a claim 
for dam-
ages . . .''
  There are only two exceptions. One is prospective, so long as it does 
not continue or delay the proceedings. In other words, you have the 
right to say: Judge, this trial is starting, and I have a right to be 
there. And the other one is with respect to a conditional release.
  I close with this point: You need the right to enforce it with 
respect to a conditional release.
  Here is a true story. Here is how it would work. Patricia Pollard of 
Flagstaff, AZ, was picked up one night by a man and his wife, 
ironically, and the man brutally raped her, sliced her up with an open 
beer can, and left her to die. She lived. He was eventually prosecuted. 
After the Arizona legislature passed the provision which enabled 
victims to be notified, the parole board held a hearing on his 
conditional release. They decided to conditionally release her 
assailant from the Arizona State Penitentiary, but they did not give 
her notice.
  The Governor's office found out about this, located Patricia Pollard 
in California, brought her back, and arranged for another meeting of 
the parole board after they had already made their decision. They 
agreed to hear her. She spoke about what he had done to her and what 
she feared he would do to others. The parole board reversed its 
decision.
  I asked Patricia Pollard whether she did that because she feared for 
her life, that he would come after her again. She said: Well, he might 
have tried to track me down. But in truth, his crime against me was a 
random kind of crime. I was available for him to victimize. I simply 
could not have lived with myself if I had not gone there and told these 
people what he could do to someone else because I know that had he 
gotten out, he would have done it to somebody else.
  That is why we provide this limited exception, the only situation, 
really, where something can be done retroactively--where a person was 
not given notice to attend the parole or conditional release 
proceedings and the individual has not yet been released, you can go 
back in and tell your story and just maybe it will make a difference. 
That is what this amendment is all about, protecting the rights not 
only of the victims of crime but of the rest of society as well.
  Mrs. FEINSTEIN. I thank my colleague, yield the floor, and reserve 
the remainder of our time.
  The PRESIDING OFFICER. The Chair recognizes the Senator from North 
Dakota.
  Mr. DORGAN. Mr. President, I have listened to the presentations on 
the floor. Let me say the passion with which the Senator from 
California, Mrs. Feinstein, and the Senator from Arizona bring this 
issue to the floor is a passion I understand. I certainly respect their 
views.
  I have studied this issue at some length. I must say the Senator from 
California visited with me, I guess, half a dozen times about this 
issue over the past year or so. But I have reached a different 
conclusion. It is a difficult trail to get to this point, but my view 
is the issue is not whether victims in this country have rights in 
court proceedings, but how we achieve those rights.
  It is true that criminals are accorded a whole series of rights in 
this country. I do not quarrel with that. I do not want us to put 
innocent people behind bars. It is difficult to convict in this 
country, and our Constitution establishes certain rights. We try, as a 
country, to make certain we only put those guilty of crimes, behind 
bars.
  It is also true--and I say this to the Senator from California and 
the Senator from Arizona--it has been a longer process and a more 
difficult track, to make certain that victims and victims' families 
have their rights protected in our court system. I have offered 
legislation on this issue previously. In fact, I authored language 
included in the 1994 crime bill, which is now law, that gives crime 
victims the right to testify at federal sentencing hearings. My 
provision gives crime victims and their families the right in Federal 
court to present testimony about ``What this crime meant to me or to my 
family'' and ensures that judges and parole boards formally consider 
the impact of a crime on its victims when making sentencing and parole 
decisions.
  I sat in a court at the manslaughter trial of the man on trial for 
the death of my mother. I am very sensitive to this issue. I 
understand--being a family member, sitting in a court, watching the 
trial of the man who was responsible for the death of my mother--I 
understand the concern a family member has about the rights of the 
victim and the rights of the victim's family to be present in that 
court. I understand the desire to present testimony during the 
sentencing phase, to have an understanding about when someone is let 
out of prison. I understand all that, and I am very sensitive to it 
because I have been through it personally, as a result of the tragic 
death of my mother.
  I come to the floor of the Senate today saying I strongly support 
victims' rights. We are moving in this country in a variety of ways to 
achieve those rights. Thirty-three States have now amended their state 
constitutions to specifically describe the rights of victims and their 
families. Some say that approach does not work very well and is not 
universal; that sometimes it does not achieve our goal. I understand 
that argument. I understand the argument that the perpetrator of a 
heinous and violent crime is brought into the court, now some months 
later after the crime was committed, and his or her hair is combed, 
they are in a new suit, they look as if they just finished singing in a 
church choir, and all their acquaintances testify to what a remarkable 
person this is. It happens all the time in trials.
  This animal who committed the violent murder on a Saturday night, in 
court 1 month or 2 or 6, or a year later, looks completely different 
and has a whole set of rights. I understand all that.
  My concern is about the Constitution of the United States, and 
whether we should address this by changing the U.S. Constitution, or 
whether we should address it by continuing to make the changes, both 
with respect to Federal law and also mandating changes with respect to 
State law and State constitutional changes that accomplish the same 
result.
  I have in my hand three pages of constitutional amendments that have 
been introduced in this session of Congress. We have had several of 
them, frankly, on the floor of the Senate. These are very important 
issues. Amending or changing the Constitution of this country ought to 
be done rarely and then only in circumstances where it is the only 
opportunity to achieve the change we want as a society. These are three 
pages of constitutional amendments that are proposed by my colleagues 
now.
  We have had over 11,000 proposals to change the Constitution since it 
was written; 11,000 proposals. One of them, for example, said let's 
have a constitutional amendment that provides the Presidency of our 
country should be rotated. One term it shall be held by someone who is 
a southerner, from the southern States, and the next term followed by 
someone who comes from a northern State. That was a proposed 
constitutional amendment. I could describe more, of course. 11,000 
times, the

[[Page 5880]]

Members of Congress have felt the need to change the U.S. 
Constitution--this document which begins:

       We the People of the United States, in Order to form a more 
     perfect Union. . . .

  We all understand the words. It was written by 55 white men just over 
two centuries ago in a room called the Assembly Room in Constitution 
Hall. My colleagues have heard me talk about it before, but I will say 
it again. In that room, George Washington's chair is still sitting at 
the front of the room where he presided over the Constitutional 
Convention. Go there today in Philadelphia and look at his chair. Ben 
Franklin sat over there; there James Madison. Thomas Jefferson was in 
Europe at the time so he didn't participate except through his 
writings, which then became, as we know it, the Bill of Rights.
  But since those 55 men wrote the Constitution of the United States 
over two centuries ago, we have had so many proposals for change. I 
have mentioned to my colleagues on the 200th birthday of the writing of 
the Constitution, I was one of the 55 people who were authorized to go 
in for a ceremony, into this Assembly Room. This time, it was 55 men, 
women, minorities. I got chills sitting in this room because I had 
studied in a very small school the history about Ben Franklin, Madison, 
Mason, George Washington--the father of our country--and now I was 
sitting in the Assembly Room in Constitution Hall in Philadelphia where 
they wrote the Constitution of the United States.
  Since that experience, I have had difficulty coming to the conclusion 
that we can improve upon the basic framework of the Constitution of the 
United States. Other countries try to replicate this Constitution; we 
try to amend it. Some of my colleagues apparently think it is a rough 
draft available for amendment at the whim of someone's interest in the 
House or the Senate. It is much more important than that, and we ought 
to amend the Constitution, in my judgment, rarely, and then when it is 
the only solution.
  As I mentioned, 33 States have amended their Constitution to provide 
for victims' rights. We can provide for the Federal portion, and the 
Senators from Arizona and California are absolutely right, that is a 
very small portion of crime in the criminal justice system. We can also 
mandate--and I am perfectly prepared to do that--that the States must 
do the same in exchange for a certain number of incentives which we in 
the Congress provide. I am perfectly prepared to do that.
  I do want to clear up a couple of misconceptions that have been part 
of the discussion with respect to the victims' rights amendment. The 
proposal to change the Constitution, in some measure, rests on the 
discussion about, among other things, the folks who were convicted in 
the Oklahoma City bombing case.
  I want to describe what happened in that case because like many 
others, I saw the initial ruling and comments of the judge in the 
Federal court in Denver, and was appalled. He essentially said that 
those who were victims or family members of victims who wanted to 
witness the trial would not necessarily then be granted the opportunity 
to testify during the sentencing phase of the trial. I was concerned 
about that. I felt that was an abrogation of victims' rights.
  What happened as a result of that is Congress passed a piece of 
legislation called the Victim Rights Clarification Act of 1997. We did 
that almost immediately. It reversed a presumption against crime 
victims observing any part of the trial proceedings if they were likely 
to testify during the sentencing hearing.
  This piece of legislation that was passed almost immediately after 
the judge's ruling prohibited courts from excluding victims from the 
trial on the grounds they might be called to provide a victim's impact 
statement at sentencing. The result of the legislation was that the 
victims in the Oklahoma City bombing trial were allowed to observe both 
the trial of Timothy McVeigh and Terry Nichols and to provide impact 
statements through testimony.
  In this circumstance, the legislation we passed in Congress worked 
exactly as Congress intended it to work. The testimony by a former 
prosecutor at the Oklahoma City bombing trial, Ms. Wilkinson, is 
something I want to recount because it is important to understand what 
happened, inasmuch as this example has been used.
  It is important to look at how the Victim Rights Clarification Act 
was actually applied in the Oklahoma City case.
  On June 26, 1996, Judge Matsch held that potential witnesses at any 
penalty hearing were excluded from pretrial proceedings and the trial 
itself to avoid any influence from that experience on their testimony.
  That is what I described earlier, and I felt the same revulsion about 
that judge's decision as I think my colleagues did, and the result was 
that we passed the Victim Rights Clarification Act almost immediately. 
The President signed it into law on March 19, 1997. One week later, 
Judge Matsch reversed his exclusionary order and permitted observation 
at the trial proceedings by potential penalty-phase impact witnesses. 
In other words, the judge changed his mind immediately after the 
President signed the legislation.
  Beth Wilkinson, a member of the Government team that successfully 
prosecuted, said:

       What happened in [the McVeigh] case was once you all had 
     passed the statute, the judge said that the victims could sit 
     in, but they may have to undergo a voir dire process to 
     determine whether rule 402. . .would have been impacted and 
     could be more prejudicial.

  This is what the prosecutor said. It is important to say this:

       I am proud to report to you that every single one of those 
     witnesses who decided to sit through the trial survived the 
     voir dire, and not only survived, but I think changed the 
     judge's opinion on the idea that any victim impact testimony 
     would be changed by sitting through the trial. [T]he 
     witnesses underwent the voir dire and testified during the 
     penalty phase for Mr. McVeigh.
       It worked in that case, but it worked even better in the 
     next case. Just 3 months later when we tried the case against 
     Terry Nichols, every single victim who wanted to watch the 
     trial either in Denver or through closed-circuit television 
     proceedings that were provided also by statute by this 
     Congress, were permitted to sit and watch the trial and 
     testify against Mr. Nichols in the penalty phase--all without 
     having to undergo a voir dire process.

  The point is, when the judge in the Oklahoma City bombing trial, 
which was conducted in Denver, made his initial ruling, there was a 
great amount of press about it, and all of us, including myself, was 
aghast at this ruling. Congress passed a piece of legislation almost 
immediately, the President signed it, and the judge reversed his 
ruling, and every single one of the victims or victims' families who 
wished to testify during the penalty phase was allowed to testify. That 
is critically important to be on the record.
  The urge to amend the Constitution ought to be an urge based on all 
of the information available, and there is plenty of information 
available, it seems to me, based on this case and also based on the 
fact that 33 States have now changed their constitution and more will 
do so. In fact, all could do so if we decided to provide a mandate that 
would require them to do so. We are making significant progress in this 
area.
  I understand, as I said when I started, the passions of the Senator 
from Arizona and the Senator from California. I have those same 
passions, and I want victims to have the same rights. I believe, 
however, that amending the Constitution should always be a last resort, 
not a first resort. I do not believe, despite all that has been said, 
that it serves this document very well to bring a piece of legislation 
to the floor of the Senate on a Tuesday and have a cloture vote on the 
motion to proceed. Presumably, we will have a cloture vote on the bill 
itself and probably have 8 hours, maybe 10 hours, maybe 14 hours, which 
would be a lengthy period of time for discussion in this Senate, and an 
attempt, I am sure, to stifle amendments, and then we would say: All 
right, now the Senate has considered changing the U.S. Constitution.
  I do not think that is what Washington, Franklin, Madison, Mason, or 
others would have wanted us to do in

[[Page 5881]]

consideration of changing this sacred document.
  My hope is we will have an interesting and significant discussion 
about this and we will, from this debate, not only turn back the 
constitutional amendment but probably stimulate a great deal more 
activity on the part of the States. As I said before, I am willing to 
either offer an amendment or join others in offering an amendment that 
will require the States to make these changes. That would accomplish 
exactly the same thing without amending the U.S. Constitution. We can, 
in any event, make certain all this applies with respect to the Federal 
statute and Federal crimes.
  My hope is, at the end of it, we will not only have denied the 
impulse to change the Constitution, but we will have created new energy 
and new incentives to make certain that victims' rights gain ground in 
State after State across this country. I will be happy to join others 
in the coming days, weeks, and months in an effort to accomplish that, 
because I have strong feelings about this issue. Mr. President, I yield 
the floor.
  The PRESIDING OFFICER. The Chair recognizes the Senator from Iowa.

                          ____________________



                                ABORTION

  Mr. HARKIN. Mr. President, I wish to depart from the debate on the 
issue before us, which is an important issue. I appreciate the remarks 
made by my colleague from North Dakota. I listened intently to what he 
had to say, and I can understand his deep feelings about this issue.
  I want to talk about another issue because today, across the street 
from where we sit in the Halls of the Senate, the U.S. Supreme Court is 
hearing arguments on a case involving the so-called partial-birth 
abortion law of the State of Nebraska. That law, passed by the Nebraska 
Legislature, is quite similar to the version the Senate and the House 
have debated over the years. In fact, it is very similar to the one 
passed by the Senate last October.
  However, the real issue in the case before the Supreme Court and in 
the legislation before Congress is not about banning late term 
abortions. The real issue is about a systematic effort to overturn Roe 
V. Wade and to criminalize all abortions. The real issue is about 
whether we trust women, in consultation with their faith and their 
family, to make this very difficult, personal decision or do we put 
that trust in politicians? That is what this is really all about.
  Last October 21, during debate on the so-called partial-birth 
abortion bill in the Senate, I, along with Senator Boxer, offered a 
resolution to this so-called partial-birth abortion bill. Our 
resolution was very simple. It stated that it was the sense of the 
Senate that Roe v. Wade was an appropriate decision and should not be 
repealed.
  Let me read for the record the entire text of that resolution because 
it was very simple and very straightforward.

       (a) Findings: Congress finds that--
       (1) reproductive rights are central to the ability of women 
     to exercise their full rights under Federal and State law;
       (2) abortion has been a legal and constitutionally 
     protected medical procedure throughout the United States 
     since the Supreme Court decision in Roe v. Wade (410 U.S. 113 
     (1973));
       (3) the 1973 Supreme Court decision in Roe v. Wade 
     established constitutionally based limits on the power of 
     States to restrict the right of a woman to choose to 
     terminate a pregnancy; and
       (4) women should not be forced into illegal and dangerous 
     abortions as they often were prior to the Roe v. Wade 
     decision.
       (b) Sense of Congress: It is the sense of Congress that--
       (1) Roe v. Wade was an appropriate decision and secures an 
     important constitutional right; and
       (2) such decision should not be overturned.

  That is the full text of the resolution that I and Senator Boxer 
offered last October 21.
  By invalidating the laws that forced many women to seek unsafe, and 
often deadly back-alley abortions, Roe was directly responsible for 
saving women's lives. It is estimated that as many as 5,000 women a 
year died from illegal abortions before Roe.
  Roe v. Wade is the moderate, mainstream policy on which American 
women have come to rely. It recognized the right of women to make their 
own decisions about their own reproductive health. And very 
importantly, it provides specific protections for the life and the 
health of women.
  So the vote on the Harkin-Boxer amendment last October to finally put 
the Senate on record about its support for the mainstream Roe decision 
was very important. It was the first vote directly ever held here on 
whether the Senate wants to go back to the days of back-alley 
abortions.
  Our amendment barely passed, 51-47. Fifty-one said yes, Roe v. Wade 
was a good decision, it should not be overturned. Forty-seven Senators 
voted against that resolution, basically saying they did not agree with 
Roe v. Wade and that it should be overturned.
  Frankly, I was shocked at how close the vote on our amendment was. In 
fact, in offering the amendment, I thought: Here is a chance for an 
overwhelming vote of support by the Senate in confirming the Supreme 
Court decision on Roe v. Wade.
  But after that close vote, I then realized that the vote really 
lifted the veil of moderation of antichoice Senators. For so many who 
were saying, that they support Roe v. Wade and a woman's right to 
choose, they just want to ban partial birth abortion, here was the 
chance to express that. With 47 votes against Roe v. Wade, the veil has 
been lifted. Now we know what is the real agenda. The agenda is to 
criminalize choice, criminalize freedom of choice for women.
  While the Nation's attention is refocused on the issue of choice with 
today's Supreme Court case, I also want to shed some light on what has 
been going on behind the scenes in Congress since the Senate very 
closely approved our amendment.
  What would normally happen is that after the Senate passed the bill 
with our amendment, the House would act on the Senate-passed bill and 
request a conference with the Senate to work out the differences 
between the two bodies. Instead, the House of Representatives avoided a 
vote on our amendment. They took up a clean bill and sent it over here 
in order to avoid a conference. So it is clear that the Republican 
leadership in the House does not want to have to take a vote on this 
issue. In fact, the House has never had a vote on the issue of support 
for Roe v. Wade.
  Why else would the House majority take the unusual step of punting 
the bill back to the Senate for a unanimous consent instead of taking 
it to conference? It is clear the Republican leadership in the House 
did not want to have a vote, which would be allowed under the House 
rules to instruct the House conferees to support my amendment in 
conference, thus putting the House on record, once and for all, as to 
whether or not they support Roe v. Wade.
  Again, the Republican leadership in the House wants to continue to 
hide their true agenda. They want to hide behind a false cloak of 
moderation on the issue of choice.
  Senator Boxer and I have objected to this latest maneuver. Let me be 
clear. Every time the so-called partial-birth abortion bill, or any 
other antichoice legislation, comes to the Senate floor, I will offer 
my amendment, and there will be another vote on the Roe v. Wade 
resolution. People in the leadership know that. That is why they have 
not bothered to bring up any of their antichoice legislation since the 
last vote on October 21. They know I will offer my amendment every 
single time to lift their veil of moderation.
  So today I am challenging the House Republican leadership to allow a 
vote on our amendment. Let's let people know where their 
representatives stand on the basic issue of choice, the basic issue of 
Roe v. Wade. Because Roe v. Wade is the moderate, mainstream policy on 
which American women have come to rely. The Roe v. Wade vote in the 
Senate should send a wakeup call to all Americans that this policy is 
in jeopardy. They need to act to maintain it.
  In this most personal of decisions, we need to trust women, not 
politicians,

[[Page 5882]]

to make the choice. That is what this is all about. Whether it is the 
case in front of the Supreme Court or whether it is the vote in the 
Senate, the issue is simply this: Do you trust politicians, whether 
they are in a State government or in the Federal Government, to make 
this decision for women or do you trust women?
  People of strong faith and good conscience have very different views 
on the issue of abortion. I respect both sides on this often divisive 
issue. I have struggled with it personally myself.
  Whether or not we agree, we should all work together to find 
commonsense, common ground steps to reduce the number of abortions and 
to protect the health and well-being of women and children. That means 
fully funding maternal and child health programs, fully funding the 
Women, Infants, and Children's feeding programs, fully funding 
contraceptive coverage, family planning services, and better adoption 
options, just to name a few of the policies we ought to be about.
  But the bottom line is this: Roe v. Wade was an enlightened decision. 
It is moderate. It puts the basic decisions on reproductive health 
where it belongs, with the woman and not with the Government.
  Today, as the Supreme Court, across the street, listens to the 
arguments on the Nebraska partial-birth abortion law, let us resolve 
that we are going to maintain a woman's basic right to choose, that we 
will not let the politicians take it over, that we will not return to 
the dark days of back-alley abortions and the criminalization of a 
woman's own right to choose her reproductive health. That is what this 
issue is about.
  The women of this country are counting on us to make sure we uphold 
the decision in Roe v. Wade. We cannot afford to let them down.
  I yield the floor and suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The bill clerk proceeded to call the roll.
  Mrs. BOXER. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mrs. BOXER. Mr. President, I came to the floor of the Senate because 
I noted that my friend, Senator Harkin from Iowa, was talking about a 
very important subject, a woman's right to choose. This right has been 
protected. After the case Roe v. Wade in 1973, a woman has had that 
right.
  Today we are looking at a different type of constitutional amendment. 
Senator Harkin made the point that, in fact, we have a case being heard 
at the Supreme Court which is going to essentially look at a woman's 
right to choose. I think it is appropriate that he would come over to 
make a few points, and I would like to engage him in a colloquy, if he 
would be willing to do that.
  First, I ask him to reiterate for me the basic point he made. We see 
in the Senate tens of votes we have to face on the issue of a woman's 
right to choose and the different aspects of it, whether a person who 
lives in the District of Columbia can use her insurance paid by the 
city to obtain a legal abortion, whether a Federal employee has that 
right, whether a woman in the military has the right to use a clean 
medical facility to exercise her rights, whether a woman in the late 
stage of a pregnancy that has turned desperately wrong has the right to 
have her health protected. We stand here on so many occasions casting 
these votes, having this debate ostensibly about a narrower issue 
surrounding a woman's right to choose.
  I wonder if my friend believes that is the real goal of the people 
who continually bring up this matter or whether it is, in fact, 
something quite deep, which is trying to erode a woman's right to 
choose, that basic right that was given to her after the Roe v. Wade 
decision in 1973.
  Mr. HARKIN. I thank the Senator from California for her long and 
strong support for the decision in Roe v. Wade. The Senator from 
California has been one of the most persistent and enlightened voices 
in the Senate--indeed, in the country--on protecting a woman's basic 
right to choose. I follow in her footsteps in many of these issues.
  The Senator from California has really put her finger on it, the 
point I was trying to make today. This partial-birth abortion law that 
the Supreme Court is reviewing today, as well as the legislation before 
Congress--is just a smokescreen. It's a smokescreen which anti-choice 
Members and groups are hiding behind in order to get their eventual 
goal, which is the total repeal and overturn of Roe v. Wade, to take 
away the essential and basic fundamental rights about which the Senator 
just spoke.
  Without Roe v. Wade and without that constitutionally protected right 
of women to have control over their own reproductive health, many of 
the things about which the Senator just spoke would be gone. There 
wouldn't be any right for women in the military, there wouldn't be any 
right for women in the District of Columbia or anywhere else, to have 
the kind of health coverage that would protect them in dire need when 
they need help, when perhaps a pregnancy has gone terribly wrong and 
they need immediate and very intensive medical help.
  That was why I wanted to talk about it today. I don't want to 
interfere in the Supreme Court decision. That is for them to decide 
over there. What I wanted to point out was that in conjunction with 
that, here in the Halls of Congress there is a very dangerous game 
being played out where proponents of so-called partial-birth abortion 
really have want to overturn the basic right to choose for women. That 
is why the two of us joined together last fall to offer that amendment.
  I say this because the Senator and I worked together on this 
amendment. We offered the amendment in good faith, thinking we were 
going to get an overwhelming vote of the Senate saying, yes, we support 
Roe v. Wade. I think both of us were shocked at how close we came.
  Mrs. BOXER. I was stunned that Roe v. Wade is hanging by a thread in 
the Senate: 51-49; is that correct? It was very close.
  Mr. HARKIN. Mr. President, 51-47; there were a couple of people who 
were not here.
  Mrs. BOXER. There were a couple of Members who were not here. To 
think that a basic right won by women when we were very young, in 1973, 
all those years ago, would be hanging by a thread in the year 2000 is 
really amazing. I really do pray that the Supreme Court, as they 
independently decide these issues in this particular case of the 
Nebraska statute will recognize that what the Senator from Iowa says is 
absolutely true. It is so important.
  We have a big debate over some made-up terminology that doesn't even 
exist in medical books. There is no such thing as partial-birth 
abortion. There is either a birth or an abortion. That is it. The 
description of the method used is really a method that is used in the 
early stages of a pregnancy as well. So if, in fact, that Nebraska case 
is upheld, women will be denied what is considered by many doctors to 
be the safest method. That undermines Roe because Roe was a very 
moderate decision. It basically said that before that fetus is viable, 
the woman has an unfettered right to choose. But at any stage in the 
pregnancy, one thing has to come first: the woman's life and the 
woman's health.
  I say to my friend, when we get into a pattern of outlawing specific 
procedures and playing doctor--by the way, we do have one doctor in 
this Senate, but he is not an OB/GYN--when we start to play doctor in 
the Senate, we are going to endanger women's health.
  If we start outlawing procedures we don't like--by the way, there is 
no medical procedure--something that is gruesome or you don't get upset 
by--if we start doing that, we will overturn Roe right here because we 
will be saying a woman's health really is subordinate, doesn't matter, 
and what does it matter if a woman can't have a particular procedural 
and as a result she is paralyzed or can never bear another child? It 
would be a disaster, and it would be overturning this basic right.
  So I want to say to my friend that I appreciate his leadership. I 
enjoy working with him on this because we feel so

[[Page 5883]]

deeply about it. Before he leaves, I will make one more comment. I 
trust my friend mentioned this, but I am not sure because I was on my 
way over here. The House of Representatives denied the House the 
opportunity to vote on the Harkin-Boxer amendment. The House of 
Representatives in this year has used a gag rule, if you will, to deny 
the Members of the House a chance to stand up for or against Roe v. 
Wade. I wonder what they are so afraid of. Are they afraid that some of 
their Members are so to the right on this issue and so against public 
opinion, it would hurt them in their reelection?
  Now is the time to be heard, when Roe is hanging by a thread, and we 
need to have a vote over there. I hope my friend will continue to press 
this point, as we say together that it is wrong to deny the House a 
chance to vote up or down on Roe.
  I ask my friend for his closing comment on that.
  Mr. HARKIN. Again, I appreciate the Senator's very lucid and clear 
delineation of exactly what is going on here. It was a gag rule in the 
House. That is what they did. Under their rules, the Republican 
leadership would not allow a vote on our amendment. Again, I think it 
is because they don't want their veil of moderation lifted. They want 
to say this is only about partial birth. It is not, and we know it. It 
is about Roe v. Wade. Yet they don't want to have their people out 
there voting on it.
  I think the American people have a right to know where we stand on 
this most fundamental right of women in this country.
  Again, I thank my friend from California for her long and strong 
leadership on this issue. It is vitally important to all of us in this 
country that the basic, fundamental, constitutional rights that were 
enumerated in Roe v. Wade for the women of this country remain, and 
remain strong, and not be undermined in this body. So I thank the 
Senator for her strong leadership in this effort.
  Mrs. BOXER. I thank my friend. I see the Senator from Arizona on the 
floor, so I will wrap up.
  I think it is interesting and important, as we look at new amendments 
to the Constitution, that we think about the rights we already take for 
granted. The women in this country have counted on the Constitution to 
protect their right to choose. I only hope they will continue to have 
that right. It is, in fact, hanging by a thread here in the Senate with 
only 51 votes supporting that basic decision.
  So I say it is a day to look at our rights, as we are looking at 
victims' rights, or their lack of rights, and what ways we want to make 
sure victims have rights, and that we also consider if a woman is 
denied a fundamental right to have control over her own body, if she is 
denied that, she will be a victim--a victim of this Government thinking 
that, in fact, it knows better than she or the people who love her, and 
that the Government would think it would know better than her family, 
her God, and her conscience to make such a basic decision.
  So it is a good day to talk about Roe v. Wade. As we look at new 
rights we are giving people, let's also make sure we don't take away 
any rights.
  I thank the Chair and yield the floor.
  The PRESIDING OFFICER. The Chair recognizes the Senator from Arizona.

                          ____________________



  PROPOSING AN AMENDMENT TO THE CONSTITUTION OF THE UNITED STATES TO 
   PROTECT THE RIGHTS OF CRIME VICTIMS--MOTION TO PROCEED--Continued

  Mr. KYL. Mr. President, the proponents of the crime victims' 
constitutional rights amendment, as I understand it, have about 6 
minutes remaining. Senator Feinstein has asked that I conclude our 
portion of this opening debate.
  People who are viewing this might wonder what the last 35, 40 minutes 
have been about. This wasn't supposed to be about abortion. How did 
that get involved in the crime victims' rights amendment? Perhaps 
Senator Leahy began this trend when he first spoke this morning about 
the possibility of gun control, abortion, and the balanced budget 
amendment.
  I think the point is that people who are not motivated to adopt a 
constitutional set of rights for crime victims are willing to try to 
use our hard work, our efforts, and our energy to bring this proposed 
constitutional amendment to the Senate--which is very difficult to do--
as a means of trying to tack on their favorite proposal, or to delay 
the Senate action on the crime victims' rights amendment to the point 
that we will have to move on to other pressing business. Either of 
those possibilities, I think, would be very sad.
  Let me recount what has happened here. For almost 4 years, Senator 
Feinstein and I have worked very patiently to bring forward a crime 
victims' constitutional rights amendment. It is very difficult to get a 
constitutional amendment to the floor of the Senate. We have had 66 
witnesses appear at hearings, with I think something like 15 pages of 
testimony transcript. We have had hearing after hearing. We have gone 
through 63 different drafts to make this as perfect as we could. We 
have gotten it out of the Judiciary Committee on a strong, bipartisan 
vote. Then we got the majority leader to give us some floor time, which 
is very precious.
  In other words, we put a lot of work into this in support of victims 
of violent crime in our society. Throughout this building, and in 
others, there are scores of victims and victims' rights organizations 
around television sets watching these proceedings, having finally 
gotten what they hope to be their ``day in court''--an argument about 
the crime victims' rights amendment and a vote on that.
  What is beginning to emerge is a very disturbing tactic by those who 
oppose us, and that is either to try to delay this to the point that 
the majority leader will have to move on to something else, by offering 
all kinds of extraneous amendments, or by seeking to achieve what they 
have never been able to achieve through the normal legislative process, 
by using our proposal as a vehicle to attach their idea onto--in this 
case, perhaps, abortion. What better way to kill ours while getting 
some time to discuss their proposal.
  Some of these same proponents are those who argue most vigorously 
against so-called riders to appropriations bills. They say, well, you 
should not have an extraneous amendment on an appropriation bill. If 
you are going to bring something to the floor, you should not debate 
something else. You should not amend it with something extraneous. We 
are willing to allow germane amendments to victims' rights in an effort 
to resolve how to best protect victims' rights. But what I fear I have 
seen here is a tactic either to defeat what we are trying to do or to 
use what we are trying to do to advance an entirely different agenda. 
That would be wrong.
  The people watching this debate must be saying: There they go again. 
What are these Senators doing? They had a proposal to bring forth a 
crime victims' rights amendment to the floor, and, by procedural 
legerdemain, is that going to be prevented, overcome by an abortion 
amendment or something of that sort? We hope not. The bottom line is 
that there is a reason all of the people who support this amendment 
have said it is now time for a Federal constitutional rights amendment.
  As we have seen this morning, States have been unable to protect the 
rights of crime victims with State statutes and their own State 
constitutional amendments. Attorneys general and prosecutors support 
this. Law enforcement supports it. The Attorney General of Wisconsin, 
Jim Doyle--a very respected Democratic attorney general--said this 
before the Judiciary Committee:

       I believe that most prosecutors strongly support victims' 
     rights.

  He notes some of the concerns of prosecutors. He said:

       I believe these concerns are more than adequately addressed 
     in S.J. Res. 3.

  The bottom line is that we have support from victims' rights groups, 
prosecutors, attorneys general, and Governors, and it is time now to 
decide

[[Page 5884]]

whether we want to protect crime victims or not. We have an opportunity 
by bringing this matter to the floor. At 2:15, we will have a vote on 
what is called a cloture motion on a motion to proceed. If 60 
colleagues agree, we will be able to go forward and debate the motion 
to proceed, which I assume will be adopted later today. Then we can 
proceed with debate on the constitutional amendment itself. We look 
forward to that. If people want to bring forward relevant amendments to 
that, so be it. That is what the process is about. But I fear what will 
happen if, instead, we get a series of nongermane amendments or 
attempts to delay this, to the point that we run out of time and, in 
effect, a filibuster has killed any hope these crime victims have of 
protecting their rights in our courts.
  We have waited too long. Eighteen years ago President Reagan's 
Commission on Crime Victims recommended the constitutional amendment to 
address these rights. Eighteen years is long enough to wait. I hope 
when we finally have an opportunity on the Senate floor, that 
opportunity is not snatched away by people who want to pursue other 
agendas.
  The PRESIDING OFFICER. The time of the proponents is expired; the 
opponents have 9 minutes.
  Mr. KYL. I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  The PRESIDING OFFICER. The Chair, in his capacity as a Senator from 
Wyoming, requests the quorum call be lifted, and without objection it 
is so ordered.

                          ____________________



                                 RECESS

  The PRESIDING OFFICER. Under the previous order, the Senate will now 
stand in recess until the hour of 2:16 p.m.
  Thereupon, the Senate, at 12:23 p.m., recessed until 2:16 p.m.; 
whereupon, the Senate reassembled when called to order by the Presiding 
Officer [Mr. Inhofe].

                          ____________________



  PROPOSING AN AMENDMENT TO THE CONSTITUTION OF THE UNITED STATES TO 
   PROTECT THE RIGHTS OF CRIME VICTIMS--MOTION TO PROCEED--Continued


                             Cloture Motion

  The PRESIDING OFFICER. Under the previous order, the Chair directs 
the clerk to read the motion.
  The assistant legislative clerk read as follows:

                             Cloture Motion

       We the undersigned Senators, in accordance with the 
     provisions of rule XXII of the Standing Rules of the Senate, 
     do hereby move to bring to a close debate on Calendar No. 
     299, S.J. Res. 3, a joint resolution proposing an amendment 
     to the Constitution of the United States to protect the 
     rights of crime victims:
         Trent Lott, Jon Kyl, Judd Gregg, Wayne Allard, Robert 
           Smith of New Hampshire, Richard Shelby, Gordon Smith of 
           Oregon, Bill Frist, Mike DeWine, Ben Nighthorse 
           Campbell, Jim Bunning, Chuck Grassley, Rod Grams, 
           Connie Mack, Craig Thomas, and Jesse Helms.

  The PRESIDING OFFICER. By unanimous consent the mandatory quorum call 
under the rules has been waived.
  The question is, Is it the sense of the Senate that debate on the 
motion to proceed to S.J. Res. 3, a joint resolution proposing an 
amendment to the Constitution of the United States to protect the 
rights of crime victims, shall be brought to a close?
  The yeas and nays are required. The clerk will call the roll.
  The assistant legislative clerk called the roll.
  Mr. NICKLES. I announce that the Senator from Delaware (Mr. Roth), 
the Senator from Arizona (Mr. McCain), and the Senator from Vermont 
(Mr. Jeffords) are necessarily absent.
  Mr. REID. I announce that the Senator from Delaware (Mr. Biden), the 
Senator from Nebraska (Mr. Kerrey), and the Senator from Maryland (Ms. 
Mikulski) are necessarily absent.
  The PRESIDING OFFICER. Are there any other Senators in the Chamber 
who desire to vote?
  The yeas and nays resulted--yeas 82, nays 12, as follows:

                      [Rollcall Vote No. 86 Leg.]

                                YEAS--82

     Abraham
     Akaka
     Allard
     Ashcroft
     Bayh
     Bennett
     Bond
     Boxer
     Breaux
     Brownback
     Bryan
     Bunning
     Burns
     Campbell
     Chafee, L.
     Cleland
     Cochran
     Collins
     Conrad
     Coverdell
     Craig
     Crapo
     Daschle
     DeWine
     Domenici
     Edwards
     Enzi
     Feinstein
     Fitzgerald
     Frist
     Gorton
     Graham
     Gramm
     Grams
     Grassley
     Gregg
     Hagel
     Hatch
     Helms
     Hutchinson
     Hutchison
     Inhofe
     Inouye
     Johnson
     Kennedy
     Kerry
     Kohl
     Kyl
     Landrieu
     Leahy
     Levin
     Lieberman
     Lincoln
     Lott
     Lugar
     Mack
     McConnell
     Murkowski
     Murray
     Nickles
     Reed
     Reid
     Robb
     Roberts
     Rockefeller
     Santorum
     Sarbanes
     Sessions
     Shelby
     Smith (NH)
     Smith (OR)
     Snowe
     Specter
     Stevens
     Thomas
     Thompson
     Thurmond
     Torricelli
     Voinovich
     Warner
     Wellstone
     Wyden

                                NAYS--12

     Baucus
     Bingaman
     Byrd
     Dodd
     Dorgan
     Durbin
     Feingold
     Harkin
     Hollings
     Lautenberg
     Moynihan
     Schumer

                             NOT VOTING--6

     Biden
     Jeffords
     Kerrey
     McCain
     Mikulski
     Roth
  The PRESIDING OFFICER. On this vote the yeas are 82, the nays are 12. 
Three-fifths of the Senators duly chosen and sworn having voted in the 
affirmative, the motion is agreed to.
  Mr. FEINGOLD. Mr. President, today I voted against a motion to close 
debate on the motion to proceed to S.J. Res. 3, a victims' rights 
constitutional amendment. Only twelve Senators voted no, although a far 
larger number oppose this resolution. I was prepared to vote yes on the 
motion, because the rights of victims are terribly important and a 
resolution like this ought to be thoroughly debated. But before the 
vote I learned that the language of this resolution to amend the 
Constitution is still being negotiated. This ought to be a solemn, 
soberly undertaken effort, for it presumes to revise the work of 
Madison and Hamilton and those great Americans who put to paper the 
ingenious design of the American republic in that hot Philadelphia room 
224 years ago. But instead, we were asked today to begin that debate in 
earnest while the supporters of the resolution were still off in a room 
somewhere trying to agree on the language of the resolution.
  So I said no. I said no to this casual, cavalier approach to amending 
the Constitution. It does not respect the seriousness of the process 
and has led to constitutional profligacy in the Congress--to hundreds 
of constitutional amendments being offered as if they were not gravely 
important, as if they were not an attempt to edit the organic law that 
has held our democracy together for two centuries. In the opening days 
of some recent Congresses, we have seen constitutional amendments 
introduced at a rate of more than one per day.
  A few weeks ago, we considered a constitutional amendment to allow 
prohibition of flag desecration. I opposed that amendment, but I didn't 
oppose cloture on the motion to proceed. I voted for cloture because 
the backers of the flag amendment, wrong as I thought they were, at 
least showed some respect for the process. They believed there was a 
need for the amendment and they were able to point to particular events 
and precedents that they believed needed to be addressed. But no court 
has struck down the dozens of state constitution provisions and 
hundreds of statutes that protect victims' rights across America today, 
so why rush to amend the Constitution? The backers of the flag 
amendment argued, correctly, that their goal of allowing prohibition of 
some forms of speech could be realized only by a constitutional 
amendment. They offered a resolution that had been refined over time, 
whose supporters at least, had agreed upon. All of us were aware, long 
before the vote, what the resolution said. The vote on proceeding to 
the flag debate was not held in a fluid situation, where negotiations 
about language that might end up in our Constitution were still taking 
place. So we

[[Page 5885]]

voted as Senators to proceed and we did proceed to a sober, deliberate 
and thoughtful debate and an informed vote about the flag amendment.
  Today, on the victims rights amendment, the process was not 
respected. The Senate acquiesced in a casual exercise in constitutional 
improvisation, shunning the statutory alternatives that are readily 
available, to embrace the near immutability of constitutional language. 
So I voted no--to say we are not ready to have this debate, but we will 
have the debate and we may now add one more reason to the many reasons 
to oppose this resolution: its proponents have not respected the 
process and we are obliged to assume that their constitutional 
amendment, even if it were right in its general substance, must be 
flawed in its language and details.
  Mr. LEAHY. Mr. President, what is the parliamentary situation now?
  The PRESIDING OFFICER. The question is the motion to proceed to S.J. 
Res. 3.
  Mr. LEAHY. Mr. President, there having been a cloture vote on that 
motion to proceed, what is the time situation?
  The PRESIDING OFFICER. Each Senator would have up to 1 hour of 
debate, with a maximum of 30 hours total.
  Mr. LEAHY. And within that 30 hours, am I correct, under the 
precedent of the Senate, Senators can yield part of their time to other 
Senators but not in such a way as to enlarge the 30 hours?
  The PRESIDING OFFICER. As long as it does not extend beyond a total 
of 30 hours. The yielding of time must go to the managers.
  Mr. LEAHY. The leaders or their designees?
  The PRESIDING OFFICER. The leaders or their designees.
  Mr. LEAHY. I thank the Chair. Mr. President, I will claim such part 
of my hour as I might consume.
  It was less than a month ago, I recall, I stood on the floor of the 
Senate to defend the Bill of Rights against the proposed flag amendment 
to our Constitution. The Senate voted March 29 to preserve the 
Constitution and refused to limit the first amendment and the Bill of 
Rights by means of that proposed amendment. Apparently, preserving the 
Constitution in March does not mean the Constitution is safe in April. 
So here I am again as we begin to debate yet another proposed amendment 
to the Constitution. Yet, again, I am here to speak out in favor of the 
integrity of our national charter.
  I support crime victims' assistance and rights, but I do not support 
this proposed amendment to the Constitution. Just as opposition to a 
flag desecration amendment does not mean a Senator is in favor of flag 
burning, opposition to a victims' rights amendment does not mean that a 
Senator opposes justice for victims of crime. In fact, during the 
course of this debate, we will have a statutory alternative to the 
proposed constitutional amendment that would serve to advance crime 
victims' rights.
  I have been in the Senate for 25 years. I think it is safe to say 
that I have been a very strong advocate for victims' rights during that 
time. My initial involvement with victims' rights began more than three 
decades ago when I served as State's attorney for Chittenden County, 
Vermont. According to our population and under our procedures at that 
time, by virtue of the office, at the age of 26, I became the chief law 
enforcement officer for the County. I saw firsthand the devastation of 
crime. I have worked ever since to ensure that the criminal justice 
system is one that respects the rights and the dignity of victims of 
crime and domestic violence, rather than one that presents additional 
ordeals for those already victimized.
  I will continue to work for victims of crime and domestic violence in 
the course of this debate. I support crime victims and their rights, 
but I oppose this constitutional amendment. As a prosecutor, I was able 
to make sure victims were heard, that sentencing decisions were made 
with the rights of victims in mind, that plea bargains were not entered 
into without the rights of victims in mind. They were all heard. I also 
knew we could do that individually, or by State statute, or by State 
constitution. But we didn't have to amend the United States 
Constitution.
  The proposed amendment, S.J. Res. 3, goes on for over 60 lines. I 
believe the most important part of our national charter, the 
Constitution, is the first amendment. This magnificent part of our 
document, in just five or six lines, says that we have the right of 
free speech, we have freedom of religion--that is, to practice any 
religion we want, or none if we want--we have the right to petition our 
Government, and we have the right of assembly. These rights, enunciated 
in just five or six lines in the Constitution, preserve the diversity--
actually, they almost demand diversity in our country, and they protect 
diversity in our country. If you have diversity, especially diversity 
that is protected, you have democracy. Those five or six lines are the 
bedrock of our democracy and our freedom.
  Contrast this with S.J. Res. 3. As I said earlier, I don't doubt the 
sincerity of my two friends, the chief sponsors of this; they are my 
friends and they are two people I respect. But this is over 60 lines. 
It is like a complicated statute, which will be made more complicated 
as the courts get a hold of it, as prosecutors have to figure out what 
is going on, and as defense attorneys look for loopholes. No place in 
it does it mention what we have always built our criminal justice 
system on--the protection of the rights of the accused.
  James Madison, the great framer of the Constitution, instructed that 
a constitutional amendment should be limited to ``certain great and 
extraordinary occasions.'' Well, we have one thing that is great and 
extraordinary and that is our country and our democracy. It has made us 
the most powerful and influential nation on Earth today. But these are 
not great and extraordinary occasions that demand the amending of the 
United States Constitution.
  I find it distressing that we so ignore James Madison's instructions 
and advice and that there are almost 60 proposed constitutional 
amendments pending before this Congress alone, including an amendment 
to make it easier to adopt other amendments in the future. Now, if we 
are going to do this, let's do it on everything. Let's have an 
amendment on gun control. Let's have an amendment on abortion. Let's 
have an amendment on reapplying from where Senators can serve. Let's do 
a number of other things. Some of the amendments that have been 
proposed look as if they were before a local board of select people. We 
should not be so eager to amend our Constitution. Look at Article V of 
the Constitution and read the first part of the first sentence. It 
says:

       The Congress, whenever two-thirds of both Houses shall deem 
     it necessary. . . .

  Does anyone think the American people would ``deem this necessary''?
  At one time, after the President at the time sent up unbalanced 
budget after unbalanced budget, Congress said the only way to stop us 
from spending was to have a constitutional amendment to balance the 
budget. Fortunately, we do not have such a constitutional amendment 
today. Instead, we have a President who had the guts to send up a 
balanced budget, and we had a Congress who had the guts to back him up 
and pass it. That is how to do it--the old-fashioned way.
  I believe this particular proposed constitutional amendment regarding 
crime victims' rights fails to set the standards set by our founders in 
Article V of the Constitution. It cannot be necessary. Let me state 
why: Over the last several years, we have been making great strides in 
protecting crime victims' rights. We have accomplished much in 20 years 
to advance the cause of crime victims' rights, through State law and 
Federal statutory improvements, through increased training or 
education, and through implementation efforts. There is no basis today 
for concluding that this constitutional amendment is necessary for 
providing crime victims' rights in the criminal justice process.

[[Page 5886]]

  There is a growing fascination in the Congress with amending our 
Constitution first and legislating second. No Member knows how long he 
or she will be in the Senate. I have been privileged in the State of 
Vermont. My friends in the State of Vermont have sent me here for over 
25 years. They do remind me that Vermont is the only State in the Union 
that has elected only one member from my party to the Senate, but I am 
thankful they do it by ever increasingly large margins. I don't know 
how long I will be here; no Member does.
  As long as I am here, I will take upon myself the duty to say to the 
Senate: Slow down on this idea of amending the Constitution. Slow down.
  Whatever short-term political gain Members may feel today, your 
children and your children's children will in all likelihood live by 
what you do. The temptation was there for the framers of the 
Constitution. I am sure they looked at the differences between the 
States and thought, if I amend the Constitution just this way, my State 
has an advantage or I have an advantage over this person. Instead, they 
resisted the temptation. Maybe that is why we are the oldest currently 
existing democracy in the world. Maybe that is why we have a First 
Amendment, something not duplicated in any other nation on Earth. Maybe 
that is why we protect ourselves and our rights as we do, because we 
know we have resisted over the years the 11,000 suggested amendments to 
the Constitution. Of those 11,000 amendments, one has to assume that 
somebody in every single instance thought their amendment was extremely 
important. Every one of those 11,000 times, somebody somewhere thought: 
This is the amendment to the Constitution that we really need; this is 
the amendment that falls under Article V which says it is necessary.
  I was the 21st person in the history of this country to vote 10,000 
times in the Senate. Those 10,000 votes were not all necessary for this 
country. Sometimes they were votes called by the Sergeant at Arms, and 
sometimes they were to adjourn. Sometimes they were votes to commend 
ourselves for doing something we were paid to do anyway. Of course, 
sometimes they were extraordinarily important votes.
  I took pride in being the 21st person in our Nation's history to vote 
that many times. But I wouldn't have taken pride to think I voted 
almost the same number of times for a different constitutional 
amendment. Yet 11,000 constitutional amendments have been before the 
Senate. Imagine our Constitution if the 11,000 amendments had passed. 
Heck, take half of them. Imagine our Constitution if 5,500 passed. 
Impossible. Say 10 percent, 1,100, passed; 5 percent, 550; 1 percent, 
110, passed. If we had taken a tiny fraction of these 11,000 that were 
so essential to this Nation, our Constitution would not be something 
that would be revered around the world, that other countries would try 
to emulate; it would be a laughingstock.
  Until we do our job with statutes, until we find the ways within the 
State, until we explore other ways to help with victims' rights, until 
we follow through with the commitment of necessary resources, until we 
look at all those States that have passed their own victims' rights 
laws, until we accept the fact that not one single court has found 
those unconstitutional, thus saying we don't need a constitutional 
amendment, until we do that, why do we amend the Constitution again?
  As I said, I don't know how much longer I have in the Senate. 
However, I will stand on this floor, constitutional amendment after 
constitutional amendment. This is a wonderful document. Don't change 
it. Don't change it unless an amendment falls under Article V and 
really is necessary. This is not necessary.
  It is ironic, at the height of the key dynamic changes in increased 
rights and protections for crime victims over the last decade, the 
efforts on behalf of this constitutional amendment have had the 
unfortunate, and I believe unintended, fact of slowing that process and 
dissipating those efforts.
  Who suffered? The crime victims. Crime victims are among the most 
sympathetic figures. And they should be. They are also some of the most 
politically powerful groups in our society today. We are all supportive 
of crime victims. That probably takes political courage, to say we 
should ask some questions, because it takes little political courage to 
say you are in favor of crime victims; we all our. It is not whether we 
support crime victims, because we all do. Certainly, those of us like 
myself who have been prosecutors, who have seen firsthand the beaten 
victims, the stabbed victims--I even had a murder victim die in my arms 
while he was telling me who killed him--understand victims. But this 
debate is not about those victims. It is whether the Senate will 
endorse the amendment to the United States Constitution. I will do all 
in my power to make sure we do not amend the Constitution.
  April is an especially sensitive time of year for crime victims and 
those who advocate for them. Frankly, I feel every day we should be 
advocating for them. Two weeks ago was the 20th anniversary of Crime 
Victims' Rights Week. During that time, I was one of the few Senators 
who came to the floor to try to make progress on crime victims' rights 
by proposing an improved version of the Crime Victims Assistance Act, 
S. 934.
  Last week, we observed the fifth anniversary of the bombing of the 
Alfred P. Murrah Federal Building. Some of us have worked long and hard 
for the victims of crime and terrorism around the world. I was proud to 
be the author of the Victims of Terrorism Act amendment to the anti-
terrorism bill that passed the Senate in the wake of that tragedy of 
June, 1995, which served as the basis for what became the victims 
provisions ultimately enacted in 1996.
  I worked with Senator Nickles and others to provide closed circuit 
television coverage of the Oklahoma City bombing trials. I supported 
special assistance for victims and their families to attend and 
participate in the trials, including enactment of the Victims Rights 
Clarification Act in 1997 to help ensure those who attended the early 
portion of the trial could also testify or attend during the sentencing 
phase.
  I do not need to be told by anybody that I have to be sympathetic 
with victims of crime. I have done that throughout my professional 
career. I have done it in legislation. I did it for 8 years as a 
prosecutor.
  But I also look at some of the things we are not doing here in 
Congress. Last Thursday, we observed the first anniversary of the 
tragic violence at Columbine High School in Colorado. That anniversary 
served as a reminder of the school violence we have witnessed too often 
over the past few years. Yet the Senate and House have not completed 
their work on the juvenile crime bill, a bill that passed the Senate 
last May by a margin of almost 3 to 1.
  The Hatch-Leahy bill passed this body 73-25. Since then, the 
Republican leadership continues its refusal to convene the House-Senate 
conference necessary to complete action on this measure. Tell that to 
the families who were at the zoo here in Washington D.C. yesterday. 
Tell them the gun lobby will tell us when we can meet and when we 
cannot, in the United States Congress. Tell those families.
  We, oftentimes, have emotional issues that come before us. This past 
weekend Elian Gonzalez was reunited with his father, Juan Miguel 
Gonzalez. You know what happened there. The great uncle had temporary 
custody, custody was revoked, he refused to do a voluntary transfer of 
the child, the Attorney General finally had to act to reunite them and 
say the United States would uphold its own laws. I think it was done in 
the right way. Everybody is running around: We'll have a special 
citizenship bill, special amnesty bill, special whatever else. I say, 
remember what the Senate is supposed to be. Remember that wonderful 
story about the cup and saucer. We are the saucer that allows the 
cooling of the passions, and we should approach debate of a proposed 
constitutional amendment with the seriousness and deliberation that it 
requires.
  We could go, instead, back to some of the legislative things we could 
do right

[[Page 5887]]

now, that could be signed into law right now, that might help victims 
of crime.
  I see the distinguished senior Senator from New Jersey, a man who, 
throughout his career here in the Senate, has worked so hard, not just 
for victims of crime but for those laws that might ensure that at least 
we have a diminution of crime, especially gun crimes. I am perfectly 
willing to reserve my time and yield to the distinguished Senator if he 
would care to speak.
  Mr. President, I reserve the remainder of my time.
  The PRESIDING OFFICER (Mr. Crapo). The Senator from New Jersey.
  Mr. LAUTENBERG. Mr. President, first, I thank the distinguished 
Senator from Vermont, the ranking member of the Judiciary Committee. He 
has a homespun way of talking at times, but he always brings good sense 
and good judgment to the debate. I appreciate his comments about how we 
have to be so mindful of our responsibilities under the Constitution, 
and we ought not to trifle with amendments to the Constitution. The 
Constitution is the fundamental text of our democracy and we ought not 
to amend it if there are other ways to address the problem.
  Some of those listening may have trouble following all of our twists 
of logic, but one thing should be clear--we all know we have too many 
victims in our society. We know we have families torn apart, even if 
they are not directly victims themselves. Look at Columbine High 
School. Who were the victims? Were they just the young people and the 
teacher who were killed and their families? Were they the only victims? 
Or was the whole high school population of Columbine a victim? Or was 
the whole community of Littleton, Colorado that was the victim? Was the 
whole country a victim? I think so.
  All of us had images seared into our psyches that I think for most of 
us will last a lifetime. Were we victims of a sort? Were we victims of 
our lack of understanding of how we got to that point? Are we 
victimized by violence that does not touch us immediately? I think so 
because otherwise we would not see these magnetic detectors all over 
the place. We wouldn't have security guards all over the place, and we 
wouldn't be spending money building ever more prisons--money that could 
be used for education or health care or prescription drugs or to help 
young people in our society. So we are all victimized by crime.
  That is the problem with the constitutional amendment that is 
proposed--defining who is the victim. Once again, is it the family 
whose house was broken into and the terrible deeds that followed? Or is 
it everybody in the neighborhood? Or is it young child who lost a 
friend who was 6 years old, who do not understand why the friend was 
murdered by another 6-year-old child? Who is the victim? Even the 
family of a perpetrator of a terrible crime is often a victim.
  Given the difficulty of defining who is a victim, it might be better 
to address this statutorily. We ought to write a statute that very 
clearly says: Yes, victims' rights have to be protected. We have said 
it so many times over the years, writing laws as opposed to amending 
the Constitution. That is the question, really. No one is saying we 
should not take care of the victims. But the question is whether you 
try to address the problem by statute or if you take the much more 
drastic step of amending the Constitution.
  And when we talk about victims we should remember all of the people 
who have suffered because of the proliferation of guns.
  Look at what happened yesterday at the National Zoo. Seven young 
people were shot. I have my four children and their spouses and seven 
grandchildren, the oldest of whom is 6, coming to Washington in a few 
weeks commemorating, with the grandfather of the family, my career in 
the Senate. We are going to celebrate. Because they are all so young, 
to amuse them I said we would go to the zoo. I am not as enthusiastic 
about going to the zoo today as I was a couple of weeks ago when we 
thought about this.
  I am worried about what might happen in public gatherings. The two 
oldest of my grandchildren--again, they are little kids--are in school. 
I call my daughters and say: How are the kids? When I see something 
that goes awry in a school and a 6-year-old child can kill another 6-
year-old child because of someone's careless possession of a gun, their 
careless abandonment of normal safety protections, I worry about them. 
I worry not only for my family. I worry mostly, obviously, as we all 
do, about my family. But I also worry about all of the violence that 
permeates our society. There is enough of that on television--even in 
cartoons. And I think that some of the depictions of violence may 
encourage violent behavior. The seeds may be there, but the 
encouragement, the nurturing of those seeds often takes place in movies 
and television where the hero is the guy who comes in with a gun 
blazing. Who he is killing we are never quite sure, but he is killing 
people.
  If we want to take care of the victims, then we ought to pass a law 
and be bold about it and not fall prey to public posturing and say 
amend the Constitution. How many other rights ought to be included as 
we talk about victims? Should parents' rights be protected? Should 
grandparents' rights be protected? Should workers' rights be protected? 
Should women be protected? We think so. They are very often victims of 
crimes that do not necessarily leave a mark that one can see but often 
does enormous damage to their psyche and to their mental well-being--
harassment, sexual harassment. Are we amending the Constitution to deal 
with that? No, we are not.
  And we need to stop the political posturing about many issues. For 
example, we need to stop all of the posturing on gun control and take 
action.
  I wrote an amendment and presented it to the Senate when we were 
discussing the juvenile justice bill. The amendment is very simple--it 
would close the gun show loophole. We received 50 votes on each side. 
No, that is not fair to say. Fifty votes for and 50 votes against, 
including some of my Republican friends who agreed with us that we 
ought to close a loophole in gun shows that permits people to buy guns 
without identifying themselves. I call it buyers anonymous: Someone 
goes in, puts their money down, and walks out with as many guns as they 
can physically carry. They can even come back for another load. There 
is no identification required. Even though some in this Senate want to 
protect that practice, my amendment prevailed. With the Vice President 
casting the tie-breaking vote, the amendment passed 51-50.
  It was a dramatic day. We all worked so hard. But since then, the 
juvenile justice bill has been stalled in a conference committee.
  There is a game played around here--political football. If you are in 
the majority and do not like something, you have the ability to stop 
the legislation from moving. We established a Senate conference 
committee with a House conference committee, which is the normal 
process. They confer on differences that each of the Houses has on 
their legislation. We sent it to the House. The conferees took forever 
to be named. Finally, we got conferees.
  What did they do to keep the public from knowing, to keep potential 
victims from understanding what might be happening? They did nothing. 
The distinguished Senator from Vermont, who always brings sense to our 
body when he discusses issues with which he is so familiar, mentioned 
it. April 20 was the 1-year--I do not even like to use the word 
``anniversary''--but it was one year since that horrible day we all 
witnessed--kids running, young people in the prime of life killed.
  There is nothing more satisfying to me, perhaps because of my white 
hair and age, than seeing young people in the full blush of youth 
enjoying themselves. Sometimes they do silly things. It is fun when I 
see young people, whether they are little young people or 16, 17, or 19 
years old. I joined the Army when I was 18. I did not realize how young 
it was until I looked back.
  Young people who were enjoying themselves were mowed down by two 
young killers at Columbine High School. Families were brought to the 
worst grief anyone can imagine. A

[[Page 5888]]

young man was hanging out the window pleading for help. We do not know 
what he was saying. One can imagine what he was saying. His hand was 
outstretched trying to reach for safety wherever he could go get it, a 
refuge from the madness surrounding him. That was April 20, 1999. April 
20, 2000--nothing has happened. Nothing. I say let's vote on it--you 
can vote for gun safety or against it. Let the public see how you 
voted. But no, they do not want to do that because they are all scared 
in their own way. They are scared the public is going to see that they 
will not take steps to end gun violence.
  Here we are. We had promises recently that we would be voting on a 
conference bill, and we ought to do that pretty soon. All they have to 
do is say to the conferees, ``Get the job done,'' and the bill will be 
on the floor. But we cannot get them to do that.
  The majority--and I talk with all due respect in friendship about the 
majority--is in charge. That is the way it is. I wish it was otherwise, 
frankly, but the Republicans are in charge, and the Republican leader 
has not brought it up, though he said he wants to bring it up. He said 
it publicly. On April 9, when asked, he said he would bring it up soon. 
On ``Face the Nation,'' a very well-known program, he said he would be 
amenable to bringing it up. He was asked by Bob Schieffer: ``Don't you 
have to get the conference committee to meet? Why don't you at least 
have a meeting?'' in reference to the conference committee on juvenile 
justice, one part of which is an attempt to control gun violence.
  The majority leader said they were talking about it.
  Schieffer came back and said: ``Let me pin you down. Do you think 
you're going to get that conference committee to meet to kind of get 
this started?''
  The response by the majority leader was, ``I do.''
  That was April 9. Today is April 25. April 9 to April 25, that does 
not seem as if it is rushing to do things.
  It was promised. Well, the majority leader said, ``I do.''
  Schieffer said, ``This week?''
  The majority leader, again, with all due respect, said, ``I don't 
know if it will be this week, but we will get it done in the next few 
weeks.''
  There have been a few weeks. Why don't we get this done? We are all 
concerned about victims of crime, but let's pass legislation that will 
prevent people from becoming victims of crime.
  I continue to urge the Congress to move forward on gun safety. And 
what is the response of the Republican Party--the Republican Senate 
group. Well, here is what GOP aide John Czwartacki said in Roll Call:

       It is a shame but no surprise that they would exploit the 
     tragedy of these children's deaths to promote a political 
     agenda.

  That is what he said. He said it in response to a commitment that I 
and several other Senators made that we would do whatever we could to 
get that juvenile justice bill moved along so we could discuss ways of 
reducing gun violence.
  At times I wonder what it will take for people in this chamber to get 
the message. Despite what the American public says, despite what 
parents say, despite the fact that there will be a million moms 
marching on Mother's Day--some members of this body refuse to act.
  Why? Why is it that the voice of the NRA, the National Rifle 
Association, can be heard so clearly in this place and so clearly 
influences legislation. Why is it that special interest voice sound so 
loudly in this place that the majority will not bring up legislation 
that says: Close the gun show loophole so unlicensed dealers cannot 
sell guns to unidentified buyers? Why is it?
  Why is it that it drowns out millions of voices? Look at some of the 
polling data. In overwhelming majorities, up as high as 90 percent, 
people say: Shut down that gun show loophole. But those voices do not 
get through here.
  It is quite an amazing process of physics that the sounds travel all 
the way here from the NRA office in Washington, but across this country 
where everybody is supposed to be represented in this body, those 
voices do not get through. They do not see the tears. They do not 
understand the grief. They do not hear the pleas of people who have 
become victims as a result of a loss of a child or a loss of a loved 
member of a family. Those voices do not get through. But the voice of 
the NRA, with its control of some of the people that work here and in 
the other body--control, that is what happens--they set the agenda.
  As we discuss victims of crime and constitutional amendments, it 
bears a note of hypocrisy because buried in there, in my view, is this 
overhanging question about what constitutes a victim, as I earlier 
discussed. What should the Constitution be open to? In the more than 
200 years we have had the Constitution and the Bill of Rights, it has 
been amended 18 times. It is a deliberate violation of what constitutes 
good judgment very sparingly.
  One of the dreaded thoughts that passes through so many of our minds 
is amending the Constitution for one thing after another. We have had 
several goes at that very recently when it was thought maybe we would 
amend the Constitution to do things that we ought to take care of by 
law.
  I will close, but just with this reminder. Here is a picture of one 
terrible person. He is on the FBI's Ten Most Wanted List. Guess what. 
He can go up to an unlicensed dealer at a gun show and buy guns. He 
does not even have to worry about them calling the cops because they do 
not ask his identification when selling weapons.
  There is enormous pressure to keep this gun show loophole in place. 
Imagine, those criminals on the FBI's Ten Most Wanted List, and any one 
of them could walk in to a gun show and approach an unlicensed dealer 
and say: Give me a dozen of these or two dozen of those, and here is 
the money, and the deal is done.
  It is my hope we will resolve the dispute that is in front of us now 
in a statutory fashion; that is, to write law, not to amend the 
Constitution. Start there. Extend the debate so that all points of view 
are sufficiently heard. Let's let the public know what we are talking 
about when we do this.
  But even as we contemplate the course of action on this 
constitutional amendment--I think it was with 80-some votes that we 
said we ought to move ahead. Some of those who voted for cloture, 
however, are just interested in opening up the debate and not really 
supporting the constitutional amendment.
  I say to all my colleagues, I intend to continue to push for the 
conferees on the juvenile justice bill to sit down and talk and to come 
up with a conference report. Come up with their conclusion, whatever 
that happens to be, and let the American public know that they are not 
just sitting on their hands as a way of killing this legislation. And 
those who oppose it should have the courage to speak up and say: No, I 
don't want to control gun violence that way. Guns don't kill. People 
kill. Or they may say: The little boy who is 6 years old is a criminal 
that the police should have been watching, I suppose, before he went to 
school that day with that gun.
  There are so many times when a person becomes a criminal for the 
first time when they pull that trigger. But the response is always the 
same--guns don not kill, people kill. Well, you do not have many drive-
by knifings. It's a lot easier to kill people with a gun.
  So we are going to do whatever we can. We are going to seize whatever 
opportunities we can. We are going to stand and shout this message 
until it is heard all the way across this country, so that people will 
call this place, call their Senator, call their Representative, and 
tell them they want to see something done about gun violence in this 
country, that they are sick and tired of losing thousands and thousands 
of people to gun violence.
  There are 33,000 victims in a year, when a country such as Japan and 
the UK and others have less than 100. We sure do not have 300 times 
their population.
  There are ways to control violence. One of them is to take these 
lethal instruments out of the hands of people who are not qualified to 
have them.
  I wrote a law to take guns away from those who are domestic abusers, 
guys

[[Page 5889]]

who like to beat up their wives or kids, or guys who like to beat up 
their girlfriends.
  We had a heck of a fight here. Finally, with President Clinton's 
help, we got a bill signed one night that was attached to an 
appropriations bill.
  The opponents said: It is not going to do any good; it is not going 
to matter. That was done in the fall of 1996. Since that time, we have 
stopped 33,000 requests to buy guns. 33,000 times that a spouse or a 
friend or a child in a household doesn't have to hear somebody say, 
``If you don't do this, I'm going to blow your brains out''; 33,000 
times in just over 3 years.
  The gun lobby fought me and said that is junk, you don't need that, 
that is silly, that is not where we ought to be going, we ought to be 
locking people up, and so forth. Of course, we do lock them up. They 
deserve to be locked up, if they are criminals. We lock up and enforce 
the law in more cases now than at any time in the past. Convictions are 
way up. Housing criminals has become a problem. We don't have a 
sufficient number of jails to accommodate them.
  I go with this promise: We will be back again. Not just on this bill, 
but as we consider other pieces of legislation. We are going to fight 
on this floor. Whether it is kids pulling out guns to resolve fights, 
or someone using a gun when they want to rob someone, we have to stop 
the gun violence. I am sure the public will agree.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from New York.
  Mr. SCHUMER. Mr. President, as I understand it, to debate this 
amendment, S.J. Res. 3, I am entitled to 1 hour.
  The PRESIDING OFFICER. The Senator is correct.
  Mr. SCHUMER. I yield myself that hour.
  The PRESIDING OFFICER. The Senator is recognized.
  Mr. SCHUMER. Mr. President, I thank my colleague from New Jersey for 
his eloquent words, his passion and leadership on this issue. I join 
with him, helping in any way I can to see that we get to finally pass 
the Lautenberg amendment which the country so much wants. I thank him 
for his doggedness. We will prevail, I do believe. I thank the Senator 
from New Jersey.
  I am here to address S.J. Res. 3, the constitutional amendment for 
victims' rights. As I guess my history in the Congress shows, I have 
been very concerned about crime issues. If one would have to say they 
had a signature issue, for me, that has been it. I came to the view 
when I came to Congress--and am still of that view--that particularly 
in the 1980s and early 1990s, the pendulum had swung too far in the 
direction of individual rights and not enough in the direction of 
societal rights. I spent a good portion of my time in the Congress 
trying to bring that pendulum to the middle, joined by Democrats and 
Republicans. I am very proud of that work.
  I come to the floor because nothing in my time in the Senate has 
troubled me more, has bothered me more, than the amendment we are 
beginning to debate. I greatly respect the Senator from Arizona, Mr. 
Kyl, and the Senator from California, Mrs. Feinstein, for the work they 
have done on this issue. Frankly, my views are not dissimilar to theirs 
on the issue of victims' rights. I helped write the law for right of 
allocution, for the victim to stand up at sentencing and say his or her 
piece. I have been extremely supportive of victims' rights.
  Then why would I find this amendment so troubling, more troubling 
than any other bill we have debated? Because I revere the Constitution. 
I consider America to this day the noble experiment the Founding 
Fathers called it when they had written the Constitution. I believe the 
Constitution is a sacred document. The more I am in Government, the 
more I almost tremble beside the wisdom of the Founding Fathers. 
Someone called them the greatest group of geniuses. There may have been 
other individual geniuses who were greater than any single member who 
wrote the Constitution, but their collective genius was the greatest 
group assemblage of genius the world has known, a person wrote. I tend 
to share that.
  Amending the document they put together is an awesome responsibility, 
something that should not be taken lightly, something that should be 
done with the utmost care and forethought. One should only debate 
constitutional amendments when there is no other way to go. We should 
not mess with the Constitution. We should not tamper with the 
Constitution.
  Yet here we are today debating a victims' bill of rights, a 
constitutional amendment on victims' rights, when not a single State 
supreme court, and certainly not the U.S. Supreme Court, has declared 
any victims' rights statute unconstitutional. I repeat that amazing 
fact for my colleagues. For the first time we are here debating a 
constitutional amendment with the other 19 amendments and with, of 
course, the 10 amendments in the Bill of Rights being different, where 
not a single State supreme court and not the U.S. Supreme Court has 
ruled any part of victims' rights unconstitutional.
  What is called for here is a statute. I would support making a 
statute, a law, almost the exact amendment, perhaps even the exact 
amendment, the Senator from Arizona and the Senator from California are 
proffering. But a constitutional amendment? Why? Why? Why amend the 
Constitution when no law has been declared unconstitutional? We have 
never done that in the over-200-year history of this Republic. We have 
never taken something we believe in and said, let's immediately make it 
a constitutional amendment.
  We have debated constitutional amendments here because statutes were 
thrown out. We just did it on the flag burning amendment. People 
believe strongly that the flag should not be burned. The U.S. Supreme 
Court said it was under the aegis, the penumbra, of the first 
amendment. So we did our duty on this floor and debated whether we 
should amend the Bill of Rights. For the first time ever, we would do 
it to say that flag burning was prohibited. It was what the Founding 
Fathers thought the constitutional process should be. It was an 
amendment that had been thought about. It was an amendment that had 
been debated. It was an amendment that went to the core of great 
constitutional issues.
  My guess is if a Washington or a Jefferson or a Madison were looking 
on the floor during that debate, they would have smiled, they would 
have said that was the Senate they hoped to have.
  If a Washington or a Jefferson or a Madison were looking on the floor 
as we debate this, I believe they would recoil, not because of the 
issue of victims' rights but because of the thought of passing a 
constitutional amendment, only the 20th since the Bill of Rights, when 
no law had been declared unconstitutional, when no aspect of the 
Constitution itself needed to be clarified.
  I ask my colleagues--and I will ask them when they are here because 
this debate will go on for some time, as it should--why not a statute? 
I have heard my colleague from California say: Because we have to show 
how important victims' rights are. With all due respect, we can show 
that importance with a statute.
  I believe in the rights of working people. I have worked for laws 
such as minimum wage and protecting rights in the workplace. I would 
not put in the Constitution that we must protect the rights of working 
people, unless, of course, there were a series of statutes about 
working people that had been thrown out by the courts. Even in the 
early 1900s, when the wage laws and child labor laws were thrown out as 
unconstitutional, we didn't amend the Constitution--when there might 
have been reason to. But here? Now? As the lawyers say, no stare 
decisis, no final opinion. It doesn't make sense.
  I have to tell my colleagues, if we were to pass this amendment, we 
would be fundamentally changing constitutional history, the way the 
laws of this country are made, because we would say that the new 
Constitution is open to things we believe in and feel strongly about, 
even where a statute might have solved the problem.

[[Page 5890]]

  My colleague from California and I--I regret that she is not here--
had this conversation after our caucus. She said to me, well, there 
have been two Federal courts that ignored victims' rights even though 
we passed statutes. Well, that means the statute was poorly drafted. A 
judge cannot ignore statutory law. I asked her, ``Well, why wouldn't 
that be appealed if it wasn't well drafted?'' It wasn't appealed. But 
to rush to a constitutional amendment?
  This amendment has been below the radar screen. It has crept up upon 
us stealthily. It hasn't gotten the airing and debate it needs, and 
already we are rushing to judgment, attempting to pass a constitutional 
amendment. Again, it was said that the constitutional amendment is 
still being negotiated by one of the chief sponsors. What is this? We 
are negotiating a constitutional amendment at the same time we are 
debating it--something that if it becomes part of the Constitution 
cannot be changed without huge movement? You don't do that. The 
Constitution is a sacred document. The greatest group of practical 
geniuses in the world put it together. It is not something willy-nilly, 
if somebody feels strongly about it--and I respect the energy and 
passion--that we just go ahead and amend the Constitution. This is a 
dispiriting day in a certain way, in my judgment, because we are 
debating whether to take that great document, the Constitution of the 
United States, and cheapen it by saying when we feel passionately about 
something, we skip the statutory process, the judicial process, and we 
go right to amending the Constitution.
  I am not debating the merits of the provisions. As I said, I believe 
in almost every one of them. But every one of these could be 
accomplished by statute, by law. And then, if we found out one was 
poorly drafted, we could change it; then, if we found out there was 
something people didn't take into account--and that happens when we 
write laws--we can change it. Not so with a constitutional amendment.
  If you look at the amendment that has been drafted, it is longer than 
the entire Bill of Rights. If you look at the language, it is not the 
language of the Constitution of the United States, which talks about 
great concepts. Victims' rights is a fine concept, but the language, 
which I have here, is the language of a statute.
  Again, I have not received an answer--a good answer--from my 
colleague from Arizona and my colleague from California as to why not a 
statute. You can pass it more quickly and more easily. It fits the 
amendment. It fits what you are trying to do. No court, no supreme 
court, no final authority has thrown it out. And to say there were two 
Federal cases where the judge ignored a statute, and we immediately go 
to a lower court judge, and we immediately go to a constitutional 
amendment, again, cheapens the Constitution.
  I intend to debate this amendment at some length. I know some of my 
colleagues will, too. As I said, this has not gotten airing. In fact, a 
month ago, if you talked to most people, they shrugged their shoulders 
and said, ``Don't worry, this won't come up.'' Well, it is here and it 
is being debated. We are on the precipice of changing what an amendment 
to the Constitution of this great country means. We ought not to do it 
lightly. We ought not to do it simply because we feel a need, as I do, 
to say that victims have rights in the courtroom. We ought to do it 
because there is no other alternative. And here there is. We ought to 
do it because the judicial and legislative processes have been 
exhausted and the Constitution hasn't anticipated a new change. This 
clearly is not that case. We ought to do it because this issue has 
reached its fulsomeness.
  My colleagues, I believe if this body were to pass this amendment, we 
would regret it shortly thereafter. We would experience, as we never 
have, debate about what specific little clauses in the Constitution 
mean--not the interpretation of what is freedom of speech, but how do 
you define a victim. How do you deal with certain phrases and clauses? 
It is a troubling day. It is a troubling day because almost without 
debate, almost without national focus, we are thinking of changing what 
an amendment to the Constitution means. It is not simply supposed to 
make us feel good. It is not simply to make a political statement to 
the people back home. It is to fundamentally change the rights, 
privileges, and obligations of the Government and the citizenry.
  Again, to my colleagues, why can't we try to pass this very same 
language as a statute? I am going to introduce that as an amendment if 
we are allowed to--the exact language they have but make it a statute. 
I have not heard a good argument and, until I do, I urge every one of 
my colleagues, Democrat and Republican, to refrain from the 
understandable desire to do something quickly and instead do something 
correctly.
  Mr. President, I reserve the remainder of the hour that has been 
ceded to me to debate this amendment.
  The PRESIDING OFFICER (Mr. Gorton). The Senator from Illinois is 
recognized.
  Mr. DURBIN. Mr. President, I don't understand the procedure at this 
moment. I don't know if I seek recognition through the Senator from New 
York or the Chair.
  The PRESIDING OFFICER. The Senator can seek recognition in his own 
right for up to 1 hour.
  Mr. DURBIN. I ask to be recognized on S.J. Res. 3.
  The PRESIDING OFFICER. The Senator is recognized.
  Mr. DURBIN. Mr. President, I commend my colleague from New York on 
the statement he has made on the floor of the Senate. It is interesting 
that when Members of the Senate are brought into this Chamber and asked 
to become official Members of this body, we are asked to take an oath. 
It is an oath which in one part--and perhaps the most important part--
is to preserve and defend the Constitution of the United States. When 
you consider all of the great documents that have been produced in the 
history of this great country, it is clear that when it comes to our 
service in the Senate, the one document that we are asked to hold above 
all others, to preserve and defend, is the Constitution of the United 
States.
  Of course, it is understandable because those who created the Senate 
and its counterpart, the House of Representatives, did it in this 
document, this Constitution, a copy of which I carry. They believed 
that future Senates and future Members of the House of Representatives, 
if they preserved this document, would preserve this union.
  The job of preserving this Constitution of the United States is not 
often easy nor popular. Some say 11,000 different times in the last 100 
years Members of the Senate have come to the floor in an attempt to 
change this document. It is interesting that in the course of the 
history of this Nation, after the adoption of the first ten amendments 
to the Constitution, the so-called Bill of Rights, we have only amended 
this Constitution 17 times--the Bill of Rights and 17 additional 
amendments. Today, we are being asked to amend the Constitution for the 
18th time since the adoption of the Bill of Rights.
  It is curious that in the history of our politics, the Republican 
Party, which so often claims to be the conservative party--and to take 
that literally, I assume that means to conserve the values and 
principles of this country--has so often been in the leadership not to 
conserve but to overturn and change the most basic document, the 
Constitution of the United States.
  I am told in the last 4 weeks there have been four proposals--one in 
the House and three in the Senate; this is the third in the Senate--to 
change the Constitution of the United States. This document has endured 
for over 200 years. It appears many of our colleagues want to change it 
as quickly as possible in a variety of ways. Some want to change it 
when it comes to balancing the budget. Others want to change it when it 
comes to flag burning. Now today there is a suggestion that we want to 
change it when it comes to the rights of the victims of crime.

[[Page 5891]]

  With all due respect to the wisdom and intelligence of all of my 
colleagues in the Senate, frankly, I think they are anxious to take a 
roller to a Rembrandt. They want to make their mark on the Constitution 
believing that what they suggest matches up to the stature of the words 
of Thomas Jefferson, Madison, and the Founding Fathers of this country.
  With all due respect to my colleagues, Senate Joint Resolution No. 3 
before the Senate now pales in comparison. This resolution has been 
around a while. It is shop worn. One of the sponsors of the resolution, 
Senator Kyl, came to the floor today and said with some pride that this 
was the 63rd draft of this constitutional amendment, and as we stand 
today and debate, the 64th draft is being written in a back room. At 
some point it will pop out of that room and on to the Senate floor and 
we will be told: Here it is; this is the next amendment to the 
Constitution of the United States.
  Forgive me if I am skeptical, but I believe on reflection we would 
regret passing this proposed constitutional amendment. If the authors 
of this amendment who have been working on it for years--and I give 
them credit for all of their effort, but they still haven't gotten it 
right. As the matter comes to the floor of the Senate, do we honestly 
believe the words in this document will endure as our Constitution has 
endured for over 200 years? No, I think we are in haste producing a 
product which we will come to regret.
  Now to the merits of the issue. It is one which, frankly, cannot help 
but touch your heart. Far too many people are victims of violent crime. 
These victims are frightened, they are fed up, and they are determined. 
They are rightfully frightened because they and others have far too 
great a chance of falling victim to a violent crime. These victims have 
endured needless and unjustified physical and emotional suffering. Just 
last night at 6 p.m., in the Nation's Capital, at the National Zoo, one 
of the real attractions in this city for visitors from across this 
region, around the Nation, and even around the world, seven children 
were shot while visiting the zoo. One of the seven, an 11-year-old boy, 
was shot in the back of the head and is in grave condition.
  The statistics on violent crime and gun violence are staggering in 
the United States of America. Twelve children die every day in America 
as a result of gun violence.
  Many crime victims are justifiably fed up. They feel as if the 
criminal justice system has wronged them. These people were innocent 
victims, but they feel deprived of the fundamental need to participate 
in the process of bringing the accused to justice. Victims of crime are 
understandably determined to ensure that other victims of violent crime 
have the right to an active and meaningful involvement in the criminal 
justice system. I believe every effort to ensure that crime victims are 
not victimized a second time by the criminal justice system should be 
taken. Today, we are here to begin the hard task of determining how 
best we can achieve this shared goal.
  I don't think many will ever be able to appreciate fully the impact 
of crime on a person. In my family's history, we have had a home 
burglarized and felt violated, as most people would when they come home 
to find someone has been through your belongings and taken something 
away. This is an eerie feeling as one walks through the house.
  I have had one of my children assaulted. Thank goodness she wasn't 
hurt seriously. As a parent, I felt rage at the thought that somebody 
would do this to my daughter. Thank God she survived it. They never 
caught the person responsible for it. I felt in a way that she was not 
the only victim. All of us who loved her were also victims of this 
violence.
  A violent crime irreparably alters the texture of life for the 
victim, that victim's family, and many of their friends. The awareness 
and memory of that crime pervades and alters the victim's very being. I 
don't think a victim ever totally gets over it.
  We know a criminal justice system at its best cannot undo a crime. We 
surely also realize the way to fully address the effect of crime is not 
just through the criminal justice system. If we are serious about 
dealing with the impact of crime upon an individual victim, a family, 
or a community, we must act systematically and consciously--not just 
with symbolism and political effort. I believe one of the worst things 
we can do is to pass a constitutional amendment that contains illusory 
or unenforceable promises regarding crime victims. In order to 
genuinely address this issue, we must understand the way crime rewrites 
a victim's life. Then we must do what we can to ensure that the rewrite 
is not inevitably tragic.
  I support crime victims' rights. I confess to concerns about amending 
this Constitution. I view the Constitution, and in particular the Bill 
of Rights, as one of the most enlightened, intelligent, and necessary 
documents ever created. I believe any efforts to amend it must be 
reserved for the most serious circumstances.
  I cannot help but remember as I stand on this floor, as I often do, 
debating constitutional amendments which seem to be the order of the 
day, how many leaders of newly emerged democracies come to the United 
States of America as one of their first stops. These men and women who 
have seen their countries liberated from totalitarian rule, Communist 
rule, come to the United States and make their stop right here on this 
Hill, in this city, in this building.
  They believe, as I do, that the validation of democracy lies right 
here within the corners of the walls of this great building, because 
this generation of leadership in the Senate and in the House tries to 
carry on a tradition, a tradition of freedom and democracy, a tradition 
that is not embodied in a flag but is embodied in a book--the 
Constitution of the United States.
  When you look at the political atmosphere surrounding this debate on 
this constitutional amendment, you will see that it is different from 
any other debate we have had on an amendment to this Constitution. A 
constitutional amendment is really only necessary when there is a 
concern that the rights of the minority may not be respected by the 
majority. When there was first a suggestion of a Bill of Rights, it was 
opposed by James Madison. He said: It is not necessary. The original 
Constitution, as written, defines what the Federal Government can do, 
and therefore all of our rights as individuals, as State governments, 
and as local governments, are certainly ours and preserved. We do not 
need to add any language preserving them, it is assumed that they will 
be preserved.
  But as the Constitution was submitted to the various States for 
ratification, more and more delegates came back and said: We disagree. 
We want explicit protection. We want the Bill of Rights to explicitly 
protect the rights of American citizens, and we want to spell it out.
  One of the primary arguments used for the validity of the Bill of 
Rights is that the first amendment, so often quoted for freedom of 
speech and press and assembly and religion, is often heralded as the 
first amendment because it was so important. A little reading of 
history shows us it was not the first amendment in the Bill of Rights. 
The first two amendments submitted to the States in the Bill of Rights 
were rejected. The third amendment, which is now our first amendment, 
moved up. The first two that were rejected related to the question of 
reapportionment of the Congress and the ability to be compensated or 
receive additional compensation during the course of a congressional 
term.
  That little footnote in history notwithstanding, we value these 10 
amendments in the Bill of Rights as special.
  Then, beyond that Bill of Rights, concerns about the rights of the 
minority rose again in the 13th and 14th amendments, when we repealed 
slavery, or in regard to the 19th amendment and the provision of 
suffrage to women.
  This amendment, however, does not fit in that description. All but a 
very small number of American politicians and organizations 
emphatically support victims rights. Every State in the

[[Page 5892]]

Union has at least statutory protection of victims of crime when it 
comes to the procedure of criminal prosecution. Some 33 States have 
amended their State constitutions to provide similar protection, 
including my own home State of Illinois in 1992. I fully support that. 
I think the State was right to pass a crime victims protection in our 
State constitution.
  Second, any amendment to the Constitution should be more than just a 
symbolic gesture. I want to grant crime victims real and concrete 
rights. The proposed amendment, however, has certain provisions which 
are illusory and unenforceable. Indeed, the amendment lacks definable 
language and does not address its implementation. What is the most 
important single word in a crime victims protection amendment? Let me 
suggest it is ``victim,'' the word ``victim.'' That is the group they 
seek to protect and honor and empower. Yet search, if you will, S.J. 
Res. 3, you will not find a definition of the word ``victim.''
  For those who are listening to the debate, who say, ``How can that be 
a problem? We know who the victim of the crime is''--are you sure? My 
daughter was assaulted. She was certainly the victim of a crime. As her 
father, was I victimized?
  Some say: That is a stretch, we just mean the person who was actually 
assaulted.
  Let's try this from a different angle. Let's assume someone is a 
victim of a crime and is murdered. Are they the only victim of the 
crime? Is the spouse of the murdered victim also a victim? I could 
certainly argue that. I could argue a lot of other members of the 
family could be victims.
  Let's consider this possibility. If you are going to empower victims 
to change the prosecution and the procedure in a criminal case, think 
about a battered wife. A battered wife, who has been the victim of 
domestic violence for a long period of time and who finally strikes 
back and assaults the spouse who has battered her, she is then brought 
in on criminal charges of assault and battery, and the abusing spouse 
becomes a victim, too. According to this amendment, the abusing spouse 
now has crime victim's rights, even though he was the one who battered 
his wife, giving rise to her response and retribution. It gets a little 
complicated, doesn't it?
  We know who a crime victim was--someone who was hurt. When you start 
playing this thing out, you understand why the authors of this proposed 
constitutional amendment, despite 63 different drafts of this 
amendment, have never defined the word ``victim.'' Because if you 
empower that victim to slow down court proceedings or speed them up, to 
be notified, to be part of the process, you had better take care to 
understand who is going to receive these rights and how these rights 
will be exercised, because if you are not careful, you can have a lot 
of unfortunate consequences.
  The amendment lacks this definable language. It does not direct the 
law enforcement court personnel, who are supposed to enforce the newly 
created victims' rights, on how to do so.
  Finally, the important goal of establishing victims' rights can be 
achieved through legislation. A constitutional amendment is simply not 
necessary. Due to the respect I have for the Constitution, I am 
extremely reluctant to amend it unless there is no other means by which 
the victims of crime can be protected. Every state in the United States 
have a state statute to protect the rights of victims. Thirty-three 
States have constitutional amendments to protect the rights of victims. 
Frankly, there appears to be across the United States, in every State 
of the Nation, a protection of crime victims.
  The obvious question of those who bring this amendment to the floor, 
then, is, why is this necessary? Why do we need to amend the 
Constitution of the United States if existing State law and State 
constitutional provisions already protect the victims of crime? There 
may be flaws in these State amendments, State constitutional 
amendments, State laws, but these flaws can be corrected on a State 
basis, as needed.
  In addition, a statutory alternative to this constitutional amendment 
can reach all of the goals it seeks to achieve. Indeed, there is 
legislation that has been proposed by the Senator from Vermont, Mr. 
Leahy, which I enthusiastically support, which would put in statute 
these crime victim protections. I think this is the best way, the most 
effective way, to deal with this.
  Let me give a few illustrations of how complicated this situation can 
become. Some of them are real-life stories that give evidence of 
problems prosecutors have run into in States where individuals have the 
right to come forward and to assert their rights as victims of crime. 
Let me give you two of them.
  In Florida, a Miami defense lawyer tells of representing a murder 
defendant who accepted a plea from the prosecution. Of course, the 
acceptance of a plea is a decision that you will plead guilty under 
certain circumstances and waive the right to a trial. The judge refused 
to accept the offer after the victim's mother spoke out against it. The 
victim's mother insisted that the criminal defendant go to trial, 
despite the agreement by the Government and the defense that he would 
accept a plea. The client went to trial, was acquitted, and released.
  In the second case, in California, relatives of a homicide victim 
complained to a judge that a plea bargain between the prosecution and 
the defense was too lenient. They got what they wanted, withdrawal of 
the plea and prosecution of the man on murder charges. At the close of 
the trial, the defendant was acquitted and went free.
  In each of these instances, in each State, the victim or victim's 
family asserted their rights to overturn a decision by the prosecutor 
based on that prosecutor's evaluation of the evidence and the likely 
outcome of a trial, and the net result of it was that the wrongdoer 
ended up walking out of the courthouse door without a penalty.
  The suggestion that the victim's involvement or intervention is 
always going to lead to a stiffer penalty is, frankly, shown in these 
two cases not to apply.
  I also make note of the fact that, during the course of this debate, 
those who support the constitutional amendment, the Senator from 
Arizona, Mr. Kyl, and the Senator from California, Mrs. Feinstein, have 
said on occasion that this would in no way jeopardize the rights of the 
accused; in other words, that empowering and giving new rights to crime 
victims will not be at the expense of the accused defendant. Our 
Constitution is very clear when it comes to criminal defendants, that 
there are certain rights which shall be protected. We, of course, know 
the right to trial by jury, the right to confront your accuser, and all 
of the rights which have been cataloged over the years.
  When this constitutional amendment came before the Senate Judiciary 
Committee 2 years ago, I was a member of that committee. I offered an 
amendment to this legislation in committee which said nothing in this 
proposed constitutional amendment shall diminish or deny the rights of 
the accused as guaranteed under the Constitution. It was said over and 
over that is the case of this language and this proposal. Yet my 
attempt to put it into the amendment was refused. I understand Senator 
Feingold of Wisconsin offered the same amendment in committee this time 
when it was being considered, and it, again, was refused.
  As I stand here today, I suggest to my colleagues that we are 
considering a constitutional amendment which, though it is important, 
is not necessary. Before we amend the Bill of Rights in the United 
States of America, it should be something that we all believe, or at 
least the vast majority believes, is necessary. The existing State 
constitutional protections of crime victims, the existing State 
statutes all provide protection to the victims of crime. The suggestion 
that we can pass a Federal statute which can be modified if we find it 
is not perfect gives us an option to do something responsible without 
invading the sanctity and province of the Constitution of the United 
States.

[[Page 5893]]

  In addition, I suggest that protecting the rights of victims, as 
important as it is, must be taken into consideration with base 
constitutional rights and protections for the accused as well in this 
free society, recalling the premise of criminal justice in America: 
innocence until guilt is proven. That is something which is painful to 
stand by at times, but it is as American as the Constitution which 
guarantees it.
  I suggest to my colleagues in the Senate and to my friend, the 
Senator from New York, who I see is on the floor, that we should think 
twice before proceeding with this amendment to the Constitution. I will 
join my colleagues during the course of this debate in further 
discussion of the merits of this proposal. I yield the floor.
  The PRESIDING OFFICER. The Senator from New York.
  Mr. MOYNIHAN. Mr. President, I congratulate the distinguished Senator 
from Illinois for saying, but taking one exception, we ought to think 
twice about this matter. Dare I hope we might think once. It comes 
wholly unexpected to us, a massive departure from two centuries of 
constitutional practice, a measure--one amendment which was longer than 
the whole of the Bill of Rights, and there is not a single Member on 
the other side of the aisle listening, wishing to speak, present. There 
are three of us on the Senate floor with the Constitution in our hands 
in a matter of 27 hours--the casualness.
  George Will said on Sunday that we were cluttering the Constitution. 
We do things palpably ill advised. In the House, they put us on a 1-
year balanced budget back into an agricultural cycle, long since gone. 
There was no mention whatever of the rights of the accused, about which 
we were very concerned. A people should be concerned when Government 
accuses someone, and that is why we have the Fourth, Fifth, Sixth, and 
Fourteenth amendments. Then to have this endless, tedious, complex 
amendment about victims' rights and, as the Senator says, no definition 
whatever of what a victim is.
  I say to those not present on the opposite side--and there are, of 
course, supporters on this side--the capacity of American culture in 
this stage to think of new forms of victimhood is unprecedented. It has 
been a characteristic of the culture for a generation now to find 
victims and to declare oneself a victim and demand compensation and 
consideration therefore. It may become a permanent feature of American 
culture. I do not know. I doubt it. But it is at high moment now and 
would this amendment--oh, my goodness. And for the law schools, yes, 
and for those who design and build courthouses, oh, sure, and judges--
there will be no more judges held up in this Senate. We will need 
double the Federal judiciary in no time at all.
  How could we have come to the point where we have so little sense of 
our history, as the Senator from Illinois so rightly said. James 
Madison did not think a bill of rights was necessary since the 
Constitution only gave powers, specifically enumerated powers, to the 
Federal Government. What it was not given, it could not do. Still, 
George Mason and others persuaded him and prudence--a hugely important 
aspect of good government--prudence said: Well, why not have a bill of 
rights? And we have learned to be glad that we did.
  Do my colleagues recall the impeachment trial we went through a year 
ago? I was struck by the managers--fine persons all--but how little 
reference they gave to the Constitution which provides for impeachment. 
I may be mistaken--I hope I am--but I did not hear one reference to 
Madison's notes which he kept during the Convention in Philadelphia, or 
the notes of the one day in which the impeachment clause was settled.
  On that day, it was stated, for example, the most important 
impeachment of the age then was the impeachment of Warren Hastings 
going on in London. Edmund Burke, well known here as a supporter of the 
colony's rights, managed the case by the House of Commons in the House 
of Lords. The point was made by Mason that Hastings was not accused of 
a crime. That was not why he was being impeached. It was abuse of 
office. Hence, we have the term ``high crimes and misdemeanors.'' High 
crimes.
  Now. Do my colleagues know what the references were in that debate? 
They were to Hollywood movies. And do my colleagues remember Marlene 
Dietrich in ``Witness for the Prosecution''? Are we trivializing our 
oath to uphold and defend the Constitution of the United States against 
all enemies foreign and domestic? It is scarcely to be believed.
  Why are the seats empty on the other side? I cannot be certain, but I 
offer a thought, and I would be happy to hear differently. The 
administration is negotiating with the sponsors because the 
administration has indicated a willingness to support this atrocity, 
this abomination, this violation of all we have treasured in two 
centuries and more.
  That the administration should do this is something I could not 
imagine I would ever see. Yet we have it in writing that they are 
prepared to do it. I only hope the negotiations break down.
  I shall have more to say at another time. But I just wanted to make 
this comment. Now I leave the floor. Our revered senior Senator from 
Vermont will be the only one remaining. I do not doubt he will have 
thoughts to disclose. But even he will eventually find himself somewhat 
distracted by the fact that no one is listening. The distinguished 
Presiding Officer is here. But there will not be another soul present 
with such attention and energy as we take up a matter of the greatest 
possible importance, which is amending the Constitution of the United 
States.
  Mr. LEAHY. Mr. President, if the distinguished senior Senator from 
New York would yield to me before leaving?
  Mr. MOYNIHAN. I am happy to yield.
  Mr. LEAHY. I hope all Senators get a chance to read what the 
distinguished Senator said. He is recognized as one of the foremost 
historians of this country and certainly of the Senate. He is so right: 
We are talking about amending the Constitution, and nobody is here to 
talk about it.
  I say to my friend from New York, there have been 11,000 proposed 
amendments to the Constitution that have been brought before the 
Congress. Article V speaks of amending the Constitution when necessary.
  The Senator from New York is a far greater student of history than I, 
but does he think that by any stretch of the imagination--we have had 
civil wars; we have fought in world wars; we have gone through 
Presidential assassinations; we have done all these things--we have 
ever come close to 11,000 times in the history of this great Nation 
where it has been necessary to amend the Constitution?
  Mr. MOYNIHAN. We have not, sir, as is evidenced by the fact that I 
believe we have done it 18 times including the Bill of Rights, which 
was basically part of the Constitution.
  Mr. LEAHY. I say to my friend from New York, it is the Senate that is 
the saucer that cools the passions. That should make us slow up and 
look at these things.
  I wonder what would have happened if, say, during all those times, 10 
percent of those amendments had gone through. That would be 1,100 
amendments. If 1 percent went through, there would be over 100 
amendments. What a different country this would be with much less 
democracy, if we would be a democracy at all.
  The first amendment in our little pocketbooks of the Constitution is 
only four or five lines. The first amendment really protects the 
diversity of this country to make sure we remain a democracy, that we 
have the right to practice any religion we want, or none if we want--
both thoughts are protected--that we can say what we want, that we can 
assemble and petition our Government. All of that is protected. Yet we 
have something that, when we print out this proposed amendment, goes on 
for something like 60 lines.
  I am a lawyer. I loved doing appellate work. The distinguished 
Presiding Officer is a distinguished former attorney general. I am sure 
he would love to do appellate work. I can tell you right now, this is a 
lawyer's dream. We might as well quadruple the number of

[[Page 5894]]

courts, the number of judges. They would not keep up with the appeals 
that would come just from this one amendment alone.
  It is hard for me to emphasize enough, and I hate to hold up the 
Senator from New York on this, but there is nobody else here to express 
my frustration to.
  Mr. MOYNIHAN. Please.
  Mr. LEAHY. He and I are on the same side of this. I have the 
privilege, as I said earlier, of being the 21st Member of the Senate, 
in all its history, to cast 10,000 votes. Some votes were important; a 
lot were not important. But I thought it was pretty impressive--10,000 
votes. Even with all the unimportant ones, even after all of them, I 
did not vote enough to have voted on all the proposed constitutional 
amendments. There have been 11,000.
  Our highly respected and beloved two most senior Members of this 
body, Senator Thurmond and Senator Byrd, have cast 15,000 votes. They 
are about the only ones who might have cast enough votes. But those 
votes encompassed all kinds of things.
  Here we are talking about changing the Constitution at the drop of a 
hat. Some of us--Republicans and Democrats alike, conservatives and 
liberals--ought to stand up and say: We will pass statutes; we will 
experiment. If we are wrong, we will change the statutes; we will 
change the law. But we will not amend the Constitution. No matter that 
the proposal comes from the left or the right, no matter what it is, we 
should not pass it unless it is, as the Constitution says, necessary.
  This resolution is not necessary for the security and for the 
continuation of the world's greatest democracy.
  Mr. MOYNIHAN. May I just make a closing remark.
  Not meaning to be disrespectful, but there is a joke, a witticism, if 
you like, that says libraries file the French Constitution under the 
heading of periodicals: It comes; it goes; it comes; it goes.
  We have a treasure here, the oldest written Constitution on Earth. It 
has preserved a republic which is without equal. There are two nations, 
the United States and Britain, that both existed in 1800 and have not 
had their form of government changed by violence since then. We live in 
a world where a century ago there were approximately, as I count, 8 
nations on Earth that both existed then and have not had their form of 
government changed by violence since.
  If we are to trivialize the Constitution because of passing 
enthusiasms about this economic theory, that economic theory, we risk 
the stability of this institution.
  I make just one reference to the fact that several years ago we 
passed a law providing for a Presidential line item veto on 
legislation. It was elementally unconstitutional. The Senate passed it. 
The House passed it. The President signed it.
  Three of us--our revered senior Democratic Member, Senator Byrd, 
Senator Levin, and I--brought suit in the U.S. District Court for the 
District of Columbia, which in good time held that the line item veto 
was indeed unconstitutional. The government appealed to the Supreme 
Court that as members of Congress we did not have the requisite 
standing.
  Then in the following term, the veto had been exercised. We clearly 
did have standing. We went there as amici. And, bang, the Court said: 
This is unconstitutional.
  Does the President not have lawyers? Are there no counsel on the 
Judiciary Committee here and in the House? It is something that 
elemental.
  Sir, we are approaching a dangerous moment in the history of the 
Republic. As I leave the floor, as I am required elsewhere, I leave the 
Senator from Vermont who is alone defending the Constitution of the 
United States. He is alone on the Senate floor. There is not a single 
person here who supports this monstrosity, this abomination, willing to 
come forward and say why.
  Does that not say something?
  I thank the Chair and yield the floor.
  The PRESIDING OFFICER. The Senator from Vermont.
  Mr. LEAHY. Mr. President, I greatly appreciate the comments of the 
distinguished Senator from New York. He and I have been friends for 
over a generation. I for one have learned from him and have been 
inspired by him. He is so right on this. This debate is treated as a 
matter of such passing moment that nobody is here. I want them to have 
a chance to come back.
  I suggest the absence of a quorum and ask unanimous consent that the 
time for the quorum be charged not against any individual Senator but 
against the overall 30 hours.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The clerk will call the roll.
  The senior assistant bill clerk proceeded to call the roll.
  Mr. REID. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. REID. Mr. President, I yield my time under the pending measure to 
the Senator from Vermont, Mr. Leahy, 1 hour. I suggest the absence of a 
quorum and ask unanimous consent that the time during the quorum not be 
charged to either side at this time.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The clerk will call the roll.
  The senior assistant bill clerk proceeded to call the roll.
  Mr. FEINGOLD. Mr. President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. FEINGOLD. Mr. President, I rise to oppose S.J. Res. 3, the 
victims' rights constitutional amendment. I agree with the goals of the 
proponents of the amendment. We have to do more to protect and enhance 
the rights of victims of crime. But I disagree with the particular 
means they have chosen to bring about that end. We do not need to amend 
the Constitution to protect victims. We can protect the rights of 
victims by enforcing current State and Federal laws. We can protect the 
rights of victims by providing the needed resources to prosecutors and 
courts to allow them to enforce and comply with existing laws. We can 
protect the rights of victims by enacting additional statutes, if 
needed, to deal with remaining concerns or any issues that might arise 
in this regard in the future.
  The framers of the Constitution made the process of amending the 
Constitution very difficult. Those who propose to change that long-
lived and successful charter bear a heavy burden. I have thus opposed 
proposals to amend the Constitution, and especially the Bill of Rights, 
even when the subject of the amendment was very close to my heart, as 
it was with the recent proposal to amend the Constitution to allow for 
mandatory campaign spending limits. Similarly, I believe deeply in the 
need to ensure that our criminal justice system treats victims fairly, 
but I do not believe we have to amend the Constitution to do so.
  Throughout history, Members of Congress have thought of more than 
11,000 different ways to amend the Constitution--as of this last 
recess, 11,045, by one count. Luckily, only 27 have become part of our 
national charter. Ten of those, the Bill of Rights, were part of the 
package of ratification, and two, the ones on prohibition, canceled 
each other. Three others followed the enormous upheaval of the Civil 
War and addressed the wrongs of slavery and inequality that spawned 
that conflict. But the pace at which Members have introduced and 
proposed amendments has picked up in modern times. More than half of 
the constitutional amendments proposed in the entire lifetime of our 
Nation have come in the last 40 years. Fewer were proposed in the first 
173 years of our Nation. This Senate has now considered three so far in 
this session alone--and the year is still young.
  In a sense, there is a certain lack of humility about proposing so 
quickly to amend the Constitution. To propose to change the 
Constitution now is to say we have come up with an idea that the 
framers of that great charter did not, or that we have come to a 
conclusion on how our Government should work fundamentally different 
from the one they had and fundamentally different

[[Page 5895]]

from the one all the Congresses since have had. We should come 
hesitantly, if we do, to the conclusion that we know better than they 
did. Yes, there will come occasions where times have changed, as with 
women's right to vote, and we need to bring the Constitution up to 
date; but it is hard to consider the basic calculus of prosecutor, 
defendant, and victim to have changed this much since the foundation of 
the Republic.
  I have to admit that of the constitutional amendments I have seen 
proposed in recent Congresses, this is less objectionable in some 
respects than most. But I still have significant concerns about the 
prospect of amending the Constitution, even for this very worthy 
purpose. We must use the constitutional amendment process sparingly. 
Before taking the grave step of amending our country's founding 
charter, we have to make sure we have exhausted all statutory 
alternatives. When it comes to victims' rights, we are far from 
exhausting those statutory alternatives. We currently have Federal and 
State laws protecting victims. Indeed, many States have passed their 
own constitutional amendments to protect victims, including my own 
State of Wisconsin--a proposal that I voted for when I was in the 
Wisconsin State Senate.
  According to the proponents of this constitutional amendment, these 
existing laws are not being fully enforced. I would say we should 
therefore see to it that the existing laws are enforced. Let us enact 
legislation to improve the existing law, and let us provide the needed 
resources to prosecutors and courts to comply with existing laws. That 
is where the real struggle lies. Only when we have exhausted these 
legislative avenues should we possibly consider a constitutional 
amendment.
  Let's address this important issue one step at a time. Statutes 
protecting victims are on the books in each and every State. Amendments 
to State constitutions have been adopted by at least 31 States. At the 
Federal level, prudent legislation has already been enacted and 
additional legislation proposed. Let us work with the current law and 
proposals to improve our Federal laws. In fact, additional statutory 
protections for victims have been introduced during this Congress by 
Chairman Hatch and by the ranking member and Senator Kennedy. I believe 
these represent the right direction in which to go.
  Chairman Hatch has introduced the Victims' Rights Act of 1999. 
Senators Leahy and Kennedy have introduced the Crime Victims Assistance 
Act. Senator Leahy announced an improved version of that bill, taking 
into account many suggestions made by the chairman of the Judiciary 
Committee. I understand Senator Leahy will offer his bill as a 
substitute to this constitutional amendment, if the majority leader 
allows Senators to exercise their traditional rights to offer 
amendments.
  Enforcing and enacting comprehensive Federal statutes is the best way 
to protect victims. The Leahy-Kennedy bill will accomplish the same 
goals the proponents of this amendment want, but it will do it faster 
and also protect the integrity of the Constitution. The Leahy-Kennedy 
bill includes the right for a victim to be heard at the detention and 
sentencing stages, the right to be notified of escaped or released 
prisoners, and the right to be heard during consideration of a plea 
agreement. These are sensible protections that victims can see take 
effect in only a matter of weeks--the time it takes for consideration 
and passage of a statute--not years from now when maybe two-thirds of 
the Congress approves and three-fourths of the States ratify a 
constitutional amendment.
  Another reason I oppose this measure is that a constitutional 
amendment, as you well know, is far less flexible than a statute when 
provisions must be improved over time. A constitutional amendment 
cannot easily be modified. Changing it at all--even one letter of it--
would again require the approval of two-thirds of the Congress and 
ratification by three-fourths of the State legislatures. This is a real 
problem in this case because there are numerous uncertainties about the 
effect of this amendment. Even the sponsors are finding things they 
want to change. Each time this amendment has been brought before the 
Judiciary Committee, it has been different. In fact, the amendment was 
modified as recently as last spring when we marked it up in the 
Constitution Subcommittee. At that time, my good friend, Senator 
Ashcroft, successfully offered an amendment to include the rights of 
victims to be involved in the pardon process. Such a change has 
inspired a good deal of criticism from the executive branch, which is 
concerned with its impact on the exclusive power of the President to 
grant pardons.
  Whatever one thinks of the change to the amendment, it is the sort of 
thing that ought to give us pause when we are dealing not with a 
statute but with what is likely to be a permanent constitutional 
amendment. What if Senator Ashcroft had not realized that this change 
was needed until after the pending proposed constitutional amendment 
was already adopted? What if, instead, we had approved the victims' 
rights amendment in the last Congress, as I am sure its sponsors would 
have preferred? Then, to change the amendment, Senator Ashcroft would 
have been required to get two-thirds of the Congress and three-fourths 
of the State legislatures to agree to the change.
  The pardon issue isn't the end of the matter. Other Senators have 
raised concerns about the specifics of this amendment; for example, its 
focus on the victims of violent crimes rather than all victims of 
crime. If any further changes are needed, we will have to, again, go 
through the lengthy and difficult process of amending the constitution. 
I have no doubt that further changes will be necessary. I have heard 
the main authors of this constitutional amendment saying with some 
pride that there have been 63 versions of this amendment. They offer 
that as a sign that this is a very well-honed, carefully drafted piece 
of legislation or amendment. What I suggest it means is that it is 
highly volatile, likely to change, and likely to be inappropriate for 
the Constitution, even after it is ratified, given all the changes that 
have been made and the problems with it. This constitutional amendment 
really reads as a statute. It is almost as long as the entire Bill of 
Rights. It is full of terms and concepts that will undoubtedly provoke 
years of litigation and years of attempts to overturn a court decision 
that one group or another doesn't like.
  It even contains an extraordinary clause that might be called the 
``emergency eject button.'' The Government can ignore the amendment. 
Remember, this language will be in the Constitution. The Government can 
ignore the amendment to achieve a ``compelling interest.''
  What if the prosecutors in a high-profile case sought to avoid the 
impact of the amendment and the courts determined the justification 
they gave did not rise to the level of a compelling interest? If we, as 
a Congress, agreed with the prosecutors, we would not be able to pass a 
statute to override that judicial ruling because it would have to 
actually pass a constitutional amendment to deal with the problem.
  It is clear that despite years of effort that have gone into this 
amendment, it will have to be fine-tuned in the future. We fine-tune 
statutes all the time, but we all know constitutional amendments can't 
really be fine-tuned. That is a big problem the Senate needs to face up 
to.
  This amendment also poses major federalism problems. I am troubled 
this amendment could well result in extensive oversight of State 
criminal justice systems by the Federal courts. Victims who believe 
their rights have not been recognized in State court proceedings will 
undoubtedly file lawsuits in Federal district courts. Federal courts 
will end up second-guessing the decisions of State prosecutors or 
judges about how long a case took to get to trial or what victim should 
be notified of a bail hearing. That is why the Conference of Chief 
Justices, representing the chief justices of the supreme courts of all 
of our States, oppose this amendment and strongly prefer that we deal 
with this problem statutorily.
  The State chief justices have also expressed concern that this year's

[[Page 5896]]

version of the amendment, as opposed to previous versions, allows 
Congress, but not the States, to pass legislation implementing the 
amendment. They appropriately note that the States can better determine 
what laws are needed to implement the amendment, as it is the operation 
of their own criminal justice system that is really at issue. But that 
would again lead to precisely the patchwork of laws and protections 
varying from State to State that the sponsors of this amendment wish to 
avoid and claim is the reason they need a constitutional amendment.
  I cannot emphasize enough that I am deeply committed to protecting 
the victims of crime. As a State senator in the Wisconsin State Senate 
in 1991, I voted in favor of amending the Wisconsin State Constitution 
to include protections for victims. As I have noted, most States have a 
State constitutional protection for victims, and every State in the 
country has at least a statute to protect victims.
  I draw my colleagues' attention to the example of Wisconsin because 
the Wisconsin State Constitution repeatedly clarifies that the rights 
granted to the victim in the Wisconsin Constitution are not intended to 
diminish the rights of the accused. The Wisconsin amendment contains 
language that explicitly forbids victims' rights from impairing the 
rights of the accused that are otherwise guaranteed by law. 
Unfortunately, the victims' rights amendment before this body does not 
contain a similar provision.
  For that reason, I offered an amendment during the Judiciary 
Committee markup that would have included a clarification similar to 
the Wisconsin language. It is troubling and puzzling to me that the 
majority of the Judiciary Committee did not agree with that amendment 
because they stated over and over again in defense of this amendment 
that it would in no way derogate the rights of the defense. If that is 
so, why did they oppose such a simple clarification that we found so 
useful when passing a similar provision in Wisconsin?
  When, in the wake of the Boston massacre, John Adams defended the 
British soldiers accused of committing the killings there, he said:

       [I]t [is] more beneficial that many guilty persons should 
     go unpunished than one innocent person should suffer.

  Surely, if there is a central pillar of the American system of 
justice, this is it: Above all, we must protect the rights of the 
innocent.
  That is why our Constitution enshrines limitations on the State and 
protections of the individual whose liberties the State would seek to 
curtail.
  Sadly, even with our manifold protections for the rights of the 
accused, history has demonstrated that time and again America has on 
occasion brought innocence itself to the bar and condemned it to jail 
or even to die.
  Many proponents of the amendment before the Senate today state 
categorically that the rights of victims and the rights of the accused 
can comfortably coexist. They claim the amendment would not reduce the 
rights of the accused. They may be right, although I fear that cases 
may arise where judges will believe that to give the amendment force 
will require a lessening of protections for the accused. Be that as it 
may, the proponents of this amendment have refused to make this 
protection of the rights of the accused crystal clear by writing that 
intent into the amendment itself. Until they do, it is not unreasonable 
for Senators to fear that this constitutional amendment in some cases 
would actually end up curtailing the legitimate rights and liberties of 
defendants in courts of law.
  For those who believe in individual freedom and civil liberties, this 
should be troubling, indeed.
  The Constitution should be modified sparingly, where no other 
alternative provides an adequate solution. That showing has not been 
made. The laws on the books now should be fully enforced. Courts and 
prosecutors should be given the resources they need to protect victims 
under current law. Congress and State legislatures should enact 
additional legislation where needed to give additional protection.
  I urge my colleagues to join me in supporting prudent, statutory 
safeguards for victims. But I urge my colleagues to vote against this 
victims' rights amendment to the Constitution.
  (The remarks of Mr. Feingold pertaining to the introduction of S. 
2458 are located in today's Record under ``Statements on Introduced 
Bills and Joint Resolutions.'')
  Mr. FEINGOLD. I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  Mr. THOMPSON. Mr. President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. THOMPSON. Mr. President, I want to address the pending so-called 
victims' rights constitutional amendment.
  There is no question but that there are instances when victims of 
crimes in this country are not heard as they should be heard. Our 
criminal justice system does not work perfectly. But these duties are 
given to local judges and local district attorneys. They are elected 
officials. In most cases, they are responsible to the people in their 
jurisdictions. It is in their interest to make sure victims are treated 
appropriately.
  Certainly, in most cases, the defendants are not the ones who have 
the public support on their side. It is certainly the victims. In most 
cases, it is in the interest of those charged with the responsibility 
of notifying victims of proceedings in court and treating them as they 
should be treated in carrying out those responsibilities.
  Having said that, we must acknowledge that some things slip through 
the cracks. We have a constitutional amendment that is proposed 
basically to cover those instances when these local officials let 
things slip through the cracks and victims are not notified of court 
dates or sentencing or parole hearings. The sentiment is 
understandable, but if we look a bit closer, we have to conclude that a 
constitutional amendment to address this problem is not the way to go. 
It is constitutional overkill, to say the least.
  All 50 States have recognized we can do better in terms of victims, 
we can notify them when important things happen with regard to the 
trial of a defendant, and all 50 States have passed legislation, 
constitutional amendments, or both, to address this problem.
  Even still, we in Washington, DC, say we are going to pass a 
constitutional amendment, in effect mandating--an unfunded mandate at 
that--mandating these States behave in certain ways to take care of 
this problem.
  People say: State laws and State constitutions still do not always 
work. There are still some cases where people are not notified, even 
though the State constitution and the State statute require it. A 
constitutional amendment will, in some way, solve that problem.
  I suggest there is no reason to believe whatsoever that in individual 
cases where this problem still persists, a Federal constitutional 
amendment will do any better than a State constitutional amendment will 
do in ensuring those rights.
  I believe this amendment will interject complexity into the judicial 
process, will cause increased litigation, and will actually have the 
effect of harming victims more than helping victims. The primary 
interest of a victim of a crime is to make sure a guilty defendant is, 
in fact, found guilty and properly punished. This constitutional 
amendment will make the procedure by which the DA's around the country 
are trying to prosecute these defendants more complex, more costly, 
more time consuming in many respects, and ultimately will harm the very 
end in which the victim is most interested, and that is seeing justice 
done and a guilty defendant found guilty by our court system.
  This constitutional amendment gives nine new rights to a new category 
of people. The Constitution sets out our form of government. The Bill 
of Rights basically is restrictions on the power of that Government. It 
tells the Government things they cannot do because we have been mindful 
of the down sides of an all-powerful federal government. We

[[Page 5897]]

have set forth specific things the Government may not do toward 
individuals. That has usually been the purpose of amendments to our 
Constitution; that is, again, limiting the Government in what they can 
do with regard to the individual. This constitutional amendment creates 
nine new rights on behalf of a new category of people; that is, so-
called victims.
  It has taken, in some cases, 200 years, or thereabouts, to have our 
courts pass on the issues that have come about because of the wording 
of our Constitution and the wording of the Bill of Rights--what is a 
reasonable and unreasonable search and seizure, for example.
  This will, in language that is more lengthy than most of the 
amendments in the Bill of Rights, create additional complexity and 
raise additional questions that can only be resolved by courts of law. 
It will be many years before issues as to how this works are resolved. 
Who is a victim, how do you define a victim? For example, suppose we 
have a battered woman who is on trial for stabbing her husband. What if 
she is the defendant? What if the husband was, in fact, attacking her? 
Who is the victim in that case? The reasonable notice victims are 
supposed to get to court proceedings, it sounds good on its face, but 
what is reasonable notice? We have hundreds and hundreds of cases of 
trying to decide what is reasonable.
  In another context, what if a victim is not notified of a court 
proceeding on time? Or what if they say they are not but perhaps they 
have been? They may come in and say: This proceeding you have just 
finished, I did not get notice of it.
  The district attorney may say: Yes, we did give you notice.
  They may say: No, you did not.
  The district attorney may say: Yes, we did.
  They may say: It was not reasonable notice.
  The prosecutor may say: We gave you so many days.
  All of these issues ultimately will have to be decided by a court 
that should be devoting its attention to the proceedings in the case, 
along with the district attorneys devoting their attention to 
prosecuting the defendant and not having these collateral issues making 
their job that much more difficult.
  To understand the potential mischief of this constitutional 
amendment, I think you have to really understand our system and the way 
it is set up under the Constitution.
  The Constitution was mindful of the inherent problems with a 
centralized government. Our founding forefathers' experience with a 
powerful government, with a king, led them to decide we would have a 
federal system whereby the States would have certain rights. They 
decided against a national police state. We have certain defined 
Federal responsibilities with regard to law enforcement. But there is 
no inherent police authority in the Constitution for the Federal 
Government. The basic police authority is out in the States. We do not 
want a national police force in this country or a centralized policing 
authority for every kind of crime that might occur. Murder, robbery, 
rape, burglary--those are crimes that are handled at the State level.
  Mr. President, 95 percent of the offenses in this country are 
prosecuted at the State level, not the Federal level. That is not the 
Federal Government's business. Absent the relatively few truly Federal 
criminal cases that we have, these State offenses are prosecuted at the 
State level. They are prosecuted by district attorneys and assistant 
district attorneys all over the country. They are given a good deal of 
discretion as to how they handle these cases.
  Mind you, in most cases these people are elected officials in their 
local communities. They have every reason to want to do the right 
thing. They take an oath to uphold the law. They have an interest in 
making sure everybody is treated fairly. It does not always happen, but 
it is a system we are dealing with here. We cannot address every 
particular instance that might come along. It is a system with which we 
are concerned.
  This is our system. District attorneys decide when to plea bargain. 
District attorneys have to decide how strong their case is. Only they 
will know how strong their case is, in making a decision whether to 
accept a plea bargain.
  Sometimes, when you have multiple defendants, district attorneys have 
to make a decision to make a deal with one defendant for more lenience 
in exchange for testimony against another defendant. All of these are 
discretionary things that in our system we give local district 
attorneys the right to do.
  It is basically a system involving two parties; that is, the State, 
or the people, on the one hand, and the criminal defendants on the 
other.
  What this constitutional amendment would do is change that whole 
system in many material respects. Instead of having a two-party system, 
where you have a prosecutor, or the State, or the people, and a 
criminal defendant, you would now have three parties. You would have 
the prosecutor, the defendant, and the victim.
  At every meaningful stage of the criminal trial, you would have all 
of these three parties vying for the court's attention to have their 
interests expressed. It is complicated enough, as anybody who has ever 
been a prosecutor, an assistant U.S. attorney at the Federal level or 
assistant district attorney, can tell you.
  It is complicated enough when you just have two parties. You are 
trying to do the right thing. You are trying to prosecute the case. For 
the person who you believe is guilty, who has been indicted, you are 
going to bring them to trial. The defendant has not been convicted yet, 
but you believe they are guilty or you would not be prosecuting them. 
But you also know the limitations of your case.
  You also know how many other defendants there are out there. You also 
know whether or not this guy you have before you is a small fry or a 
big fish. You also know there might be a chance of getting to someone 
bigger.
  All those kinds of things you know are very complicated, very 
difficult. The defendants file motions for continuances. The defendants 
file motions to suppress evidence, if there is a search warrant 
involved. There are motions to dismiss and all those kinds of things.
  Here we come along with this constitutional amendment and inject a 
third party into the process, third parties who certainly have an 
interest in the outcome, third parties who are allowed to attend, third 
parties who want to see that justice is done. But a constitutional 
amendment would not just say, let's give these third parties these 
rights, let's try to do them right, let's try to make sure they have 
their voices heard; we would, by amendment, put this in the 
Constitution of the United States, just like the first amendment on 
free speech or the fifth amendment on due process or the sixth 
amendment on the right to counsel.
  We would elevate the rights of a victim, with whom we are all 
sympathetic, up there with the prosecutor and the defense in trying to 
juggle all of this business of giving notice and having a right to be 
in the courtroom at every stage of the game. The judge is going to have 
to decide whether or not notice has been given correctly at all the 
right times, whether or not the right people are in the courtroom. All 
this new complexity injected in an already complex system.
  As well meaning as it is, I think the result of it is going to be, as 
I said, more complexity, more litigation for people who believe the 
Constitution has not been followed, that they have not been given the 
right kind of notice, or they were late for court and they did not get 
to sit in the courtroom, or something of that nature. It is going to 
wind up hurting the ultimate interest of victims more than helping.
  Under the constitutional amendment, the victim, as we would 
ultimately define a victim--as I said, it is not going to be that easy 
in many cases--would have a right to come in and object to a deal the 
district attorney might want to make.
  Only the district attorney may know certain information. For example, 
let's

[[Page 5898]]

say there is a gang involved and you have one cooperative witness. When 
the victims come in and object to the deal, the district attorney 
cannot stand up and say, this is the reason we are doing this, because 
everybody else would hear it. It would compromise possibly another 
case.
  Or if the victim comes in and objects to a plea bargain with a 
particular defendant, the district attorney cannot get up and say, the 
reason we did this, Your Honor, is we really do not have much of a 
chance, and we are lucky to get this. He cannot do that because he may 
have to, in fact, go to trial. As happens sometimes, the judge is 
sympathetic and says: We agree with the victim. We are not going to 
accept this deal.
  The district attorney is sitting there, unable to explain it fully on 
the one hand and then, on the other, having to go to trial, and in some 
cases, when in States that have such rules, has gone to trial and 
actually lost the case. So the attorney, instead of getting some 
punishment for a guilty defendant, has actually had to go to trial and 
at the trial, you have to prove guilt beyond a reasonable doubt--a high 
standard of proof--and the defendant walks because they were unable to 
make the deal that they were trying to make.
  Under this amendment, there is a provision that is extremely 
troublesome; that is, that it becomes a constitutional right for a 
victim to be in court at all times during the proceeding. In most 
cases, in just about all States at one time, it was the rule. In fact, 
they just call it the rule. Every lawyer knows when you are trying a 
case, you say: Your Honor, I would like to impose the rule. When that 
happens, all of the other witnesses leave the courtroom because you 
don't want your witnesses to be hearing other witnesses testify. It 
might tailor their testimony. If somebody on your side of the case is 
testifying a certain way about how something happened, it makes sense 
that it is not in the interest of justice to have the other witnesses 
sitting there listening to that so when they get on the witness stand, 
they are not tempted to tailor their testimony and avoid any 
contradictions that the other side might take advantage of. It is kind 
of a horn book procedure.
  What this amendment would do would say that the victim could sit in 
the courtroom and listen to all of the other witnesses testify. If the 
prosecutor decided to put the victim on last, they could listen to 
every one of the witnesses testify before the victim in the courtroom 
took the stand. That goes against experience and common sense and 
common practice for about 200 years in this country. We have to keep in 
mind that at this stage of the game, this defendant has not been 
convicted of anything. As angry as we might be at the defendant or as 
much as we think he might be guilty, we have to remember he hasn't been 
convicted of anything. In this country, everybody gets a fair trial.
  If one of our loved ones was accused of something and we thought the 
accuser had their own reasons for accusing our loved one and we saw 
them sitting in the courtroom listening to all the witnesses talk about 
exactly how this happened and exactly how that happened and then they 
took the stand and kind of melded all the testimony together to make it 
all consistent and wrap it up in one big bow, I think we would be 
concerned about that. The trial judge at least ought to have the 
discretion of making a determination as to who sits in the courtroom 
and who does not. The Federal Government does not have any business 
micromanaging the trial of these lawsuits in every general sessions 
court in every little town in the country. That is what this 
constitutional amendment would do.
  It would upset the balance we have always had in this country of a 
prosecutor, a defendant, tried in a State court with local rules. There 
have always been constitutional provisions the States have to abide 
by--there is no question about that--free speech, search and seizure, 
all of that, but we don't have a unitary government, we have a system 
of federalism whereby States decide these local cases and State judges 
make those decisions. We come along with a constitutional amendment 
that creates nine new rights, about 2\1/2\ pages of new Constitution, 
and goes totally away from the concept that we have had for 200 years 
in this country, the concept of federalism.
  I think this proposal is another step down the road toward a Federal 
takeover of our criminal justice system. For most of America's history, 
Federal involvement in criminal law was limited to national issues. Yet 
in this age of mass media and saturation coverage, Congress and the 
White House are ever eager to pass Federal criminal laws. Chief Justice 
Rehnquist has said this. To appear responsive to every highly 
publicized societal ill or sensational crime, the Congress acts in 
these areas and creates more and more Federal crimes out of what should 
be State and local offenses.
  We have reached the point where nobody really knows how many Federal 
crimes now exist. Nobody can really calculate them, but we keep piling 
them on, more and more. We have undoubtedly surpassed an old estimate 
that we had awhile back of 3,000. A hearing I chaired last year 
reviewed an American Bar Association task force report from leaders in 
the criminal justice system who counseled restraint in federalizing 
crime control.
  Justice Brandeis once said:

       Denial of the right to experiment may be fraught with 
     serious consequences to the Nation. It is one of the happy 
     incidents of the federal system that a single courageous 
     State may, if its citizens choose, serve as a laboratory; and 
     try novel social and economic experiments without risk to the 
     rest of the country.

  That is the system we have. States address these issues in different 
ways. Why should we, as the Federal Government, impose one size fits 
all on a populace that is not in agreement on exactly what that should 
be? Why should the States not have the leeway to do what States have 
always done in our system?
  Last but not least, this is a solution looking for a problem for the 
most part. Every State in the Union has addressed this issue. We have 
become more mindful that in some cases victims are not getting the 
attention they need. So every State in the Union has taken a look at 
this. We think the system works out pretty well. For the most part, our 
public officials are doing what they are supposed to do.
  Some States have gone so far as to change their constitutions. Some 
States in the middle have passed legislation. But every State, one way 
or another, has addressed this, doing what States are supposed to be 
doing, responding to the demands of their local citizens. My State of 
Tennessee changed its constitution with regard to this. There is 
absolutely no need for us to federalize this particular area of 
criminal law.
  Finally, my primary concern, besides the ones of upsetting our 
constitutional framework and system that we have enjoyed in this 
country for so long, is that--because of the complexity, because of the 
increased litigation and problems that we can't even anticipate now 
with a three-party procedure instead of a two-party procedure, 
questions that will have to be resolved by courts not knowing what kind 
of delays all this is going to produce and messing up our system and so 
forth--we will wind up in many cases hurting a victim's interests more 
than we will help them. As I said from the outset, the victim's primary 
interest is to make sure that a defendant who is guilty in fact be 
found guilty in a fair, efficient way that is uncomplicated, 
uncluttered, and that does not go on forever.
  Therefore, I urge that we reject this constitutional amendment. I 
thank the Chair.
  Mr. LEAHY. Mr. President, I compliment the Senator from Tennessee for 
what he said. He is a very thoughtful Senator with great respect for 
what the Senate's role is in our whole Federal system. We miss him on 
the Senate Judiciary Committee. I think that can be fairly said by 
Senators on both sides of the aisle because of his thoughtful 
involvement and debate. I note that when he was there, he raised

[[Page 5899]]

similar issues. His voice was one that helped shape the debate. I thank 
him for it. I compliment him for it.
  Mr. KOHL. Mr. President, I understand that under the cloture rules, I 
am afforded 1 hour of debate time. I designate Senator Daschle to 
control my hour.
  Mr. GRAMS. Mr. President, I rise today in support of S. J. Res. 3, 
the proposed constitutional amendment to establish certain rights for 
victims of violent crime. I am proud to be a cosponsor of this 
important legislative proposal introduced by Senators Kyl and 
Feinstein.
  I have always cherished the basic freedoms established by the United 
States Constitution. This precious document provides important rights 
to every American--rights which have encouraged their active 
participation in the functions of our Republic. For example, the First 
Amendment encourages free speech and association, while the 19th and 
26th Amendments were ratified to protect the voting rights of women and 
eighteen-year-old citizens.
  As we debate the merits of the proposed Crime Victims Constitutional 
Amendment, I am reminded of the constitutional rights guaranteed to 
persons accused of crime. These include the right: to a speedy and 
public trial by jury; to know the nature of the accusation; to confront 
witnesses; to counsel; and rights against excessive bail, fines, or 
cruel or unusual punishment. These rights promote the involvement of 
the accused in court and should not be diminished by Congressional 
action.
  In recent years, Congress has enacted legislation that seeks to 
establish certain rights for victims of crime, including the 1990 
Victims Rights and Restitution Act, which required federal law 
enforcement agencies to make their best efforts to ensure that crime 
victims are treated with fairness and respect. Most recently, we 
enacted the Mandatory Victims Restitution Act of 1996 and the Victims 
Rights Clarification Act of 1997, which sought to allow crime victims 
to observe court proceedings even if they were expected to testify 
during the sentencing hearing. Additionally, all fifty states now have 
either constitutional amendments or statutes that seek to protect the 
rights of crime victims.
  Despite these efforts by Congress and the States, I am very concerned 
that the United States Constitution does not protect the rights of 
victims and promote their involvement in the criminal justice process. 
In my view, the Crime Victims' Rights Amendment is the most effective 
way to address the current imbalance between the rights of defendants 
and victims within the Constitution. As a constituent from St. Paul 
recently wrote, the proposed amendment will, ``Prevent victims from 
being victimized twice. First, by the crime, then by the judicial 
system when they learn that those accused have all the rights.'' These 
concerns are shared by the Department of Justice, constitutional 
scholars, and various victim advocates such as the National Center for 
Missing and Exploited Children.
  The proposed constitutional amendment to protect the rights of crime 
victims is not a new concept. As my colleagues may know, it was first 
recommended in 1982 by President Reagan's Task Force on Victims of 
Crime. Since its initial introduction during the 104th Congress, 
Senators Kyl and Feinstein have worked tirelessly to improve this 
proposal and preserve the rights of defendants and the authority of 
prosecutors. Importantly, the Crime Victims' Rights Constitutional 
Amendment received strong, bipartisan support upon its passage by the 
Senate Judiciary Committee earlier this month.
  I would not support a proposal to change the fundamental character of 
the Constitution or eliminate the basic freedoms that it provides to 
Americans. However, I also believe that the rights of crime victims are 
not trivial to the needs of our nation and are worthy of protection 
under the Constitution. Passing additional laws or state constitutional 
amendments that may be ignored by federal and state court comes at the 
expense of those who have fallen victim to violent crime and who expect 
equal justice from the criminal justice system.
  In addition, we must not forget that many crime victims are afraid of 
being victimized again and face retaliation by criminal offenders. We 
must ensure that victims feel respected throughout the criminal justice 
process. I believe establishing certain constitutional rights for crime 
victims will help to encourage greater reporting of crimes and 
cooperation with law enforcement. The Crime Victims' Constitutional 
Amendment would allow for greater participation in the criminal justice 
system in a manner completely consistent with constitutional amendments 
that have established a citizen's right to participate in other 
government processes.
  I respectfully disagree with those who suggest that the Crime 
Victims' Constitutional Amendment conflicts with the principle of 
federalism. As someone who has worked to maintain the distinction 
between federal and state responsibility, I am pleased that this 
amendment provides an appropriate level of flexibility to the States. 
Specifically, this amendment would allow the States to pass legislation 
to define ``victims of crime'' and ``crimes of violence.'' It would 
also allow States to determine the degree of ``reasonable'' notice to 
public proceedings or the release or escape of a criminal offender that 
will be provided to crime victims.
  Ultimately, it will be three-quarters of the States that must decide 
whether to consider and ratify this amendment. Passage of this 
amendment will not impose any rights upon the States without careful 
and lengthy consideration by the State legislatures. In fact, this 
amendment has been endorsed by 49 of our nation's Governors, the 
elected officials who are most concerned about unnecessary federal 
mandates being imposed upon the States. Additionally, the Congressional 
Budget Office (CBO) has indicated that this amendment will not impose 
additional costs upon the States.
  I also understand the concerns of those who suggest that the Crime 
Victims' Rights Amendment will disadvantage defendants during court 
proceedings. However, the amendment does not deprive the accused of any 
of their constitutional rights. It would ensure respect and basic 
fairness for crime victims through a constitutional right to be 
notified of court proceedings; to attend all public proceedings; to be 
heard at crucial stages in the process; to be notified of the 
offender's release or escape; to consideration for a trial free from 
unreasonable delay; to an order of restitution; to have the safety of 
the victim considered in determining a release from custody; and to be 
notified of these basic rights.
  In proclaiming the first ``Victims Rights Week'' in 1981, President 
Reagan stated, ``For too long, the victims of crime have been the 
forgotten persons of our criminal justice system. Rarely do we give 
victims the help they need or the attention they deserve. Yet the 
protection of our citizens--to guard them from becoming victims--is the 
primary purpose of our penal laws. Thus, each new victim personally 
represents an instance in which our system has failed to prevent crime. 
Lack of concern for victims compounds that failure.''
  Mr. President, I firmly believe that the Crime Victims' Rights 
Amendment will help to restore public confidence in the criminal 
justice system and give crime victims the protection they deserve. The 
high number of crime victims in our society underscores the need to 
pass this amendment and send it to the States for their careful 
consideration. I urge my colleagues to support passage of this 
important public safety initiative.
  Mr. MOYNIHAN. Mr. President, as the Senate once again considers an 
amendment to the United States Constitution, this time to protect the 
rights of crime victims, I ask that George Will's column from Sunday's 
Washington Post be printed in the Record in its entirety. He offers a 
well-reasoned analysis of the concerns the proposed amendment raises.
  There being no objection, the column was ordered to be printed in the 
Record, as follows:

[[Page 5900]]



               [From the Washington Post, April 23, 2000]

                          (By George F. Will)

                            Tinkering Again

       Congress's constitutional fidgets continue. For the fourth 
     time in 29 days there will be a vote on a constitutional 
     amendment. The House failed to constitutionalize fiscal 
     policy with an amendment to require a balanced budget. The 
     Senate failed to eviscerate the First Amendment by empowering 
     Congress to set ``reasonable limits'' on the funding of 
     political speech. The Senate failed to stop the epidemic of 
     flag burning by an amendment empowering Congress to ban flag 
     desecration. And this week the Senate will vote on an 
     amendment to protect the rights of crime victims.
       Because many conservatives consider the amendment a 
     corrective for a justice system too tilted toward the rights 
     of the accused, because liberals relish minting new rights 
     and federalizing things, and because no one enjoys voting 
     against victims, the vote is expected to be close. But the 
     amendment is imprudent.
       The amendment would give victims of violent crimes rights 
     to ``reasonable'' notice of and access to public proceedings 
     pertaining to the crime; to be heard at, or to submit a 
     statement to, proceedings to determine conditional release 
     from custody, plea bargaining, sentencing or hearings 
     pertaining to parole, pardon or commutation of sentence; 
     reasonable notice of, and consideration of victim safety 
     regarding, a release or escape from custody relating to the 
     crime; a trial free from unreasonable delay; restitution from 
     convicted offenders.
       Were this amendment added to the Constitution, America 
     would need more--a lot more--appellate judges to handle 
     avalanches of litigation, starting with the definition of 
     ``victim.'' For example, how many relatives or loved ones of 
     a murder victim will have victims' rights? Then there are all 
     the requirements of ``reasonableness.'' The Supreme Court--
     never mind lower courts--has heard more than 100 cases since 
     1961 just about the meaning of the Fourth Amendment's 
     prohibition of ``unreasonable'' searches.
       What is the meaning of the right to ``consideration'' 
     regarding release of a prisoner? And if victims acquire this 
     amendment's panoply of participatory rights, what becomes of, 
     for example, a victim who is also a witness testifying in the 
     trial, and therefore, not entitled to unlimited attendance? 
     What is the right of the victim to object to a plea bargain 
     that a prosecutor might strike with a criminal in order to 
     reach other criminals who are more dangerous to society but 
     are of no interest to the victim?
       Federalism considerations also argue against this 
     amendment, and not only because it is an unfunded mandate of 
     unknowable cost. States have general police powers. As the 
     Supreme Court has recently reaffirmed, the federal 
     government--never mind its promiscuous federalizing of crimes 
     in recent decades--does not. Thus Roger Pilon, director of 
     the Center for Constitutional Studies at the Cato Institute, 
     says the Victims' Rights Amendment is discordant with ``the 
     very structure and purpose of the Constitution.''
       Pilon says the Framers' ``guarded'' approach to 
     constitutionalism was to limit government to certain ends and 
     certain ways of pursuing them. Government, they thought, 
     existed to secure natural rights--rights that do not derive 
     from government. Thus the Bill of Rights consists of grand 
     negatives, saying what government may not do. But the 
     Victims' Rights Amendment has, Pilon says, the flavor of 
     certain European constitutions that treat rights not as 
     liberties government must respect but as entitlements 
     government must provide.
       There should be a powerful predisposition against 
     unnecessary tinkering with the nation's constituting 
     document, reverence for which is diminished by treating it as 
     malleable. And all of the Victims' Rights Amendment's aims 
     can be, and in many cases are being, more appropriately and 
     expeditiously addressed by states, which can fine-tune their 
     experiments with victims' rights more easily than can the 
     federal government after it constitutionalizes those rights.
       The fact that all 50 states have addressed victims' rights 
     with constitutional amendments or statutes, or both, 
     strengthens the suspicion that the proposed amendment is (as 
     the Equal Rights Amendment would have been) an exercise in 
     using--misusing, actually--the Constitution for the 
     expressive purpose of affirming a sentiment or aspiration. 
     The Constitution would be diminished by treating it as a 
     bulletin board for admirable sentiments and a place to give 
     special dignity to certain social policies. (Remember the 
     jest that libraries used to file the French constitution 
     under periodicals.)
       The Constitution has been amended just 18 times (counting 
     ratification of the first 10 amendments as a single act) in 
     211 years. The 19th time should not be for the Victims' 
     Rights Amendment. It would be constitutional clutter, 
     unnecessary and, because it would require constant judicial 
     exegesis, a source of vast uncertainty in the administration 
     of justice.

                          ____________________



                            MORNING BUSINESS

  Mr. THOMPSON. Mr. President, I ask unanimous consent that there be a 
period for the transaction of morning business with Senators permitted 
to speak for up to 10 minutes each.
  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________



  85TH ANNIVERSARY OF THE 1915 GENOCIDE OF THE ARMENIAN PEOPLE BY THE 
                           TURKISH GOVERNMENT

  Mr. ABRAHAM. Mr. President, I rise today to commemorate the 85th 
anniversary of the 1915 Genocide of the Armenians by the Turkish 
Government. As so many of you are aware, between 1915 and 1923 more 
than one and a half million Armenians perished from atrocities 
committed against them. Yet the brave Armenian people persevered.
  As the grandson of Lebanese immigrants, I am, of course, very 
familiar with the historic ties that have bound Armenians to the 
Lebanese. We have sheltered and strengthened one another in time of 
need. As peoples we have become close because the experience of being 
forced from one's home and homeland is not new to either of us.
  Through mass deportations, starvation, disease, and outright 
massacres, Armenians have carried their heads high, as they carried on 
their way of life or carried their culture to new lands. The strength 
and pride in Armenian heritage have kept alive the memory of those who 
perished in the genocide. I rise today to pay tribute to that strong, 
proud heritage.
  As a constant symbol of the strength and perseverance through which 
oppressed peoples survive, the Armenian genocide must serve as a 
reminder that we must never forget the atrocities of the past, lest 
they be repeated.
  The Senate Immigration Subcommittee, which I chair, recently held 
hearings on the status of Albanian refugees in Kosovo. I must say that 
I was impressed with the strength and faith of these people in the face 
of the great hardships visited on their people. And I was reminded of 
another people ``cleansed'' from its homeland by brutal invaders.
  But too few Americans are in a position to make that comparison. In 
the 85 years since the massacre of Armenians began, another great crime 
has been committed--the crime of keeping the truth from the world.
  This was a crime against all people, because it denied them the 
lessons to be learned from that tragic tale. But most of all it was a 
crime against all Armenians, alive and dead. For even the dead have at 
least one right--that of having their story told.
  The 1.5 million Armenians who died deserve to have the truth of their 
suffering known. Only when we know the horror that they went through 
can we comprehend the gravity of the crime. Only then will the rights 
of the dead be fulfilled. This is why we must make sure younger 
generations understand what happened and ensure that it never happens 
again.
  Eighty-four years ago the world had the opportunity to prevent the 
Armenian holocaust. But the world did not act. While there was much 
talk, there was no real help for the Armenians. If only we had known 
then that tyranny must be opposed early and steadfastly, perhaps this 
and future acts of genocide could have been prevented.
  But the world does not learn easily. Even today, massacres take place 
around the world, with people murdered not for what they have done but 
for whom they are.
  And we must wonder about the final goals of those who continue the 
blockade of Armenia and Nagorno Karabagh. We must make known to the 
world our opposition to such policies. We must fight to defend Section 
907, cutting off American aid to those enforcing the embargo. And we 
must not allow the lure of cheap oil from the Caspian, an illusion, 
really--lead us away from the path of truth and justice.
  To do justice to the memory of those who died we must see to it that 
justice is done to the living, to those who survived them. That means 
doing justice to Armenia, as well as to Armenians and other refugees.

[[Page 5901]]

  Today, I would like to join the Armenian-American community in 
remembering the horrors of the Armenian Genocide. We all would profit 
by reflecting on the strength of the Armenian people to persevere 
through this awful period in history.
  But today is not only a day to mourn those lost in this genocide but 
also a day to celebrate the resilience of the people of Armenia as they 
build a new democracy. Finally freed from communist imperialism, 
Armenia has quickly become one of the most democratic of the former 
Soviet Republics and has made great strides to adopt a market economy. 
I am gratified at the many cultural exchanges taking place between our 
two nations.
  As chairman of the Immigration Subcommittee I also am gratified at 
all the wonderful examples of success through hard work that have been 
provided by Armenian immigrants. Such stories make the argument for a 
kind and open policy toward refugees, victims of latter-day massacres, 
much stronger.
  I salute all Armenians today, I salute their predecessors who 
suffered so grievously, and I salute their struggle to let the truth be 
known.
  Mrs. FEINSTEIN. Mr. President, yesterday, April 24, marked the 85th 
anniversary of the beginning of the Armenian genocide. I rise today to 
acknowledge and commemorate this terrible crime and to help ensure that 
it will never be forgotten.
  On April 24, 1915, the Ottoman Empire launched a brutal and 
unconscionable policy of mass murder. Over an eight year period, 1.5 
million Armenians were killed, and another 500,000 were driven from 
their homes, their property and land confiscated.
  As Americans, we are blessed with freedom and security, but that 
blessing brings with it an important responsibility. We must never 
allow oppression and persecution to pass without condemnation. By 
commemorating the Armenian genocide, we renew our commitment always to 
fight for human dignity and freedom, and we send out a message that the 
world can never allow genocide to be perpetrated again.
  Even as we remember the tragedy and honor the dead, we also honor the 
living. Out of the ashes of their history Armenians all across the 
world have clung to their identity and have prospered in new 
communities. My State of California is fortunate to be home to a 
community of Armenian-Americans a half a million strong. They are a 
strong and vibrant community whose members participate in every aspect 
of civic life, and California is richer for their presence.
  Let us never forget the victims of the Armenian genocide; let their 
deaths not be in vain. We must remember their tragedy to ensure that 
such crimes can never be repeated. And as we remember Armenia's dark 
past, we can take some consolation in the knowledge that its future is 
bright with possibility.
  Mr. LEVIN. Mr. President, I rise today to commemorate the 85th 
Anniversary of the Armenian Genocide. Each year we need to remember and 
honor the victims, and pay respect to the survivors we are blessed to 
have with us today.
  During the 8-year period from 1915 to 1923, approximately 1.5 million 
Armenians were killed and hundreds of thousands were driven from their 
homes. April 24, 1915 serves as a marking point for the government-
orchestrated carnage that took place under the Turkish Ottoman Empire. 
On this date, over 5,000 Armenians were systematically hunted down and 
killed in Constantinople. This number includes some 600 Armenian 
political and intellectual leaders who were taken to the interior of 
Turkey and systematically murdered.
  A Polish law professor named Raphael Lemkin was the first to call the 
atrocities committed upon the Armenian people during period of 1915 to 
1923 the ``Armenian Genocide.'' Lemkin is also credited with coining 
the word ``genocide'' and making genocide a crime under international 
law. In 1939, Professor Lemkin escaped Poland during the Nazi invasion. 
Lemkin would ultimately lose 49 members of his family during the 
Holocaust. Until his death in 1959, Lemkin worked for the adoption of 
the U.N. Convention on the Prevention and Punishment of the crime of 
Genocide, which was ratified by the United States in 1988. Through this 
individual, these dark periods of Jewish and Armenian history have been 
joined in the important cause of remembrance.
  Each year we vow that the incalculable horrors suffered by the 
Armenian people will not be in vain. That is surely the highest tribute 
we can pay to the Armenian victims and a way in which the horror and 
brutality of their deaths can be given redeeming meaning. I ask my 
colleagues to join me in remembering the Armenian Genocide.

                          ____________________



                    FAIR PAY FOR LOW INCOME WORKERS

  Mr. KENNEDY. Mr. President, as we continue to wage our ongoing battle 
in Congress for a fair increase in the minimum wage for millions of 
workers across America, it is important to understand that low-income 
workers in all parts of the country are doing all they can themselves 
to obtain fair increases in pay from their employers.
  One of the most important examples in recent weeks has been the 
strike by janitors in Los Angeles, who were seeking a long overdue 
reasonable increase in wages during this time of remarkable prosperity 
for most Americans.
  At the beginning of last week, an excellent column by respected 
journalist David S. Broder appeared in The Washington Post and many 
other newspapers across the country, calling national attention to the 
strike, and emphasizing the issues of fundamental fairness at the heart 
of this dispute. Mr. Broder noted recent reports of the lavish salary 
and bonus packages totaling millions or even tens of millions of 
dollars a year available to the top executives of major firms across 
the country, and he compared these extraordinary benefits with the low 
salaries of the janitors in this dispute, whose lives ``are lived on 
the ragged edge of poverty.''
  I had the opportunity to meet with many of the striking workers and 
their union leaders on a visit to Los Angeles during the recess, and to 
express my support for them in their battle and to commend them for 
their courage.
  Fortunately, a tentative agreement on the issues in the strike was 
reached over the weekend, and a settlement granting a significant pay 
increase and other benefits was overwhelmingly approved by a vote of 
the workers yesterday. The President of the local union called the 
agreement ``the beginning of a new era for organized labor.''
  Justice for these janitors means progress toward justice for all 
working men and women across America. Their cause was just, and because 
of timely and important articles like David Broder's, more and more 
people across America are becoming aware of these fundamental issues 
and their extraordinary importance for our society.
  I commend Mr. Broder for his eloquent analysis and insight, and I ask 
unanimous consent that his column in The Washington Post on April 16, 
entitled ``Of Janitors and Billionaires,'' be printed in the Record.
  There being no objection, the column was ordered to be printed in the 
Record, as follows:

               [From the Washington Post, April 16, 2000]

                      Of Janitors and Billionaires

                          (By David S. Broder)

       LOS ANGELES--The janitors on strike at the office buildings 
     near the downtown hotel where I stayed for a couple days last 
     week were the most polite picketers I have ever seen. The 
     largely Latino groups of men and women standing on the plaza 
     from which several of the city's highest office towers rise 
     greeted visitors with elaborate courtesy and seemed genuinely 
     grateful when anyone accepted one of their handouts 
     explaining why they had stopped using their brushes and 
     brooms.
       It was about money, they said, about struggling to support 
     their families and themselves at a pay scale ranging from $7 
     to $8 an hour--about $300 a week before taxes.
       The Service Employees International Union, representing 
     about 8,500 janitors, called the strike to back up its demand 
     for raises of $1 an hour each year for the next three years. 
     If granted, that would allow members of these overnight crews 
     to make the magnificent sum of about $21,000 a year in 2003.

[[Page 5902]]

       The janitorial service companies that have contracts with 
     these towering buildings, filled with banks, law firms and 
     corporate offices, were counter-offering raises of about one-
     third that size, also spread over three years.
       This is part of the overlooked reality of this era of 
     record prosperity--a story that receives far less attention 
     in the press and on television than the gyrations of the 
     Nasdaq. Understandably so, for the Nasdaq determines the 
     value of the stock options held by the high-tech millionaires 
     who are the ``masters of the universe'' in the new economy, 
     the stars whose spectacular success draws envious glances 
     from those Americans who cannot imagine enjoying such riches, 
     unless they hit the lottery or have a spectacular run of luck 
     on one of the TV game shows.
       As Shawn Hubler, a Los Angeles Times columnist, noted last 
     week, ``the janitors' strike . . . has brought to the surface 
     something deeply resonant about the lives, now, of all 1.3 
     million of the region's working poor.'' Hubler described how 
     the janitors arrive to begin their tedious, wearying chores 
     just after most of the tenants have left the building, and 
     how she watched one late-working executive push open the door 
     to a freshly cleaned bathroom, with nary a nod of 
     acknowledgment to the woman janitor who had her equipment 
     cart just a few feet away. ``There is a dimension now,'' 
     Hubler wrote, ``in which whole human beings can be rendered 
     invisible, just erased.''
       Ralph Ellison described the phenomenon as experienced by 
     black folks in his novel of the last generation, ``Invisible 
     Man.'' But we imagine we have become more sensitive, more 
     aware in our time. Not so. There are millions of people whose 
     work makes our life easier, from busboys in the restaurants 
     we patronize to orderlies in the hospitals we visit, but 
     whose own lives are lived on the ragged edge of poverty. Most 
     of us never exchange a sentence with these workers.
       Meanwhile, the rich get steadily richer. The wall Street 
     Journal, not exactly a radical publication, printed its 
     annual survey of executive pay on April 6. Reporter Joann S. 
     Lublin cited a study of 350 major firms, conducted by William 
     M. Mercer Inc., a New York compensation consulting firm. It 
     found that the median salary and bonus package for the top 
     executives of those firms in 1999 was $1,688,088. That's 
     about $120,000 higher than it was in 1998 and just about what 
     80 of the striking janitors combined would make three years 
     from now--if they got what they are asking. But it's only 
     one-hundredth as much as the $170 million in salary, bonuses 
     and stock options the highest-paid executive in the survey, 
     L. Dennis Kozlowski of Tyco International, made in 1999.
       How do you justify those extremes? the Journal quotes 
     Jeffrey D. Christian, head of a Cleveland executive 
     recruiting firm, as explaining that the business heads he 
     meets ``all want the same opportunity for extreme wealth 
     creation and legacy creation as their dot-com counter-parts. 
     It's billionaire envy.''
       Another article in the special section--and remember this 
     is the Wall Street Journal, not Mother Jones--reported about 
     the increasing use of bonus guarantees to recruit or retain 
     executives. One boss named Thomas Evans ``will collect as 
     much as $10 million if his vested stock options would yield a 
     profit of less than that by August 2002,'' the Journal said. 
     And then there are the sweetheart deals, in which outside 
     directors on a firm's compensation committee grant lavish 
     salary increases or stock options to the CEO, who in turn 
     arranges lucrative consulting contracts for those same 
     directors.
       It's doubtful many of the striking janitors have read the 
     Journal's special section. If they did, they wouldn't be 
     quite so polite.

                          ____________________



                         NATIONAL READING PANEL

  Mr. COCHRAN. Mr. President, on April 13, 2000, the Senate 
Appropriations Subcommittee on Labor, Health and Human Services and 
Education received the report of the National Reading Panel. The 
subcommittee also heard testimony from Dr. Duane Alexander, Director of 
the National Institute of Child Health and Human Development; Dr. Kent 
McGuire, Assistant Secretary of Education, Office of Educational 
Research and Improvement; and Dr. Donald N. Langenberg, Chairman of the 
National Reading Panel and Chancellor of the University System of 
Maryland.
  The National Reading Panel was created as a result of legislation I 
introduced in 1997, titled the ``Successful Reading Research and 
Instruction Act.'' Subsequently, the report accompanying the Fiscal 
Year 1998 Labor, Health and Human Services, Education and Related 
Agencies Appropriations Act called on the National Institute of Child 
Health and Human Development and the Department of Education to form a 
panel to evaluate existing research on the teaching of reading to 
children, identify proven methodologies, and suggest ways for 
dissemination of this information to teachers, parents, universities 
and others.
  I was convinced at the time that there was an absence of consensus on 
a national strategy for teaching children to read. Meanwhile, we had 
statistics which showed that 40 to 60 percent of elementary students 
were not reading proficiently and there seemed to be no plan to help 
remedy the situation.
  The Health Research Extension Act of 1985 had mandated research on 
why children have difficulties learning to read. The National Institute 
of Child Health and Human Development had conducted this research and 
in 1997, they had some answers. However, Congress hadn't asked for the 
results and the information was literally trapped in the academic and 
research world.
  Since 1997, we've made some progress. Today more people know that 
reading research exists, but very few of us are able to decipher what 
it means, or how to translate it into meaningful practice.
  Mr. President, what most parents want to know is simple, ``How can I 
make sure my child will learn to read?'' Until now, the response to 
that question was often vague, and the so-called ``expert'' or 
``research based'' methods were conflicting. Consequently, there is a 
great deal of confusion among parents, teachers and school 
administrators about improving reading skills of children. Meanwhile, 
the Federal government has spent nearly $100 million on programs which 
one researcher described as, ``at best, it shouldn't hurt.''
  The National Reading Panel identified over 100,000 studies on a 
variety of topics related to reading instruction. It held regional 
hearings to receive testimony from teachers, parents, students, 
university faculty, educational policy experts and scientists who 
represented the population that would ultimately be the users of its 
findings. The panel used the information from these hearings and their 
preliminary research to identify five topics for intensive study: 
alphabetics; fluency; comprehension; teacher education and reading 
instruction; and computer technology and reading instruction.
  The panel then narrowed its review to materials which met a defined 
set of rigorous research methodological standards. It is the 
development of these standards which the panel describes as ``what may 
be its most important action.'' By finding successful techniques that 
meet the same kind of scientific review that are used to test medical 
treatments, the panel presents its recommendations with a confidence 
that has never before been applied to the teaching of reading.
  One of the National Reading Panel's objectives was to ensure that 
good research results were readily available. On April 13, the report 
was sent to every Senator and Member of Congress. Within the next few 
weeks, the report and supporting documentation will be delivered to 
state education officials, colleges and universities, and public 
libraries. A long-term strategic plan that will address wider 
dissemination and classroom implementation will be ready by next fall. 
It is my hope that the report of the National Reading Panel will guide 
us in making informed decisions on reading issues.
  I commend the efforts of the National Reading Panel and I hope 
educators will implement their recommendations and use the new teaching 
methods and programs outlined in the report.

                          ____________________



ROLE OF INTERNATIONAL ATOMIC ENERGY AGENCY IN COUNTERING PROLIFERATION 
                           OF NUCLEAR WEAPONS

  Mr. AKAKA. Mr. President, this week the sixth Nonproliferation Treaty 
Review Conference opened in New York.
  At the last conference five years ago countries agreed to extend 
indefinitely the treaty. I recently introduced, along with Senators 
Baucus, Kerry, Roth, Bingaman, Kerrey, Kohl, and Schumer, Senate 
Concurrent Resolution 107, expressing support for another successful 
review conference. A similar bipartisan resolution will be introduced 
in the House. I hope my colleagues on the

[[Page 5903]]

Foreign Relations Committee will consider this resolution as quickly as 
possible.
  Some delegates to the conference have suggested that the United 
States is not as strongly committed as it once was to arms control, 
citing as examples the Senate failure to ratify the Comprehensive Test 
Ban Treaty (CTBT) and Administration negotiations with the Russians to 
modify the Anti-Ballistic Missile Treaty. I wish, as do many of my 
distinguished colleagues, that the CTBT had been ratified. I hope that 
it will be. Nevertheless, I believe all my colleagues, regardless of 
their position on this issue, share a strong and abiding interest in 
pursuing arms control agreements and making the world more secure from 
threats from weapons of mass destruction.
  As Secretary of State Madeleine Albright observed in her address to 
the delegations to the conference ``the United States is part of the 
international consensus on nuclear disarmament.'' We have taken 
considerable steps with our allies to reduce our nuclear weapons 
arsenal and have made a commitment to further reductions with the 
Russians.
  I share the United Nations Secretary General Kofi Annan's concern--
expressed at the Review Conference--that ``nuclear conflict remains a 
very real and very terrifying possibility at the beginning of the 21st 
century.'' The nuclear weapons testing by India and Pakistan in 1998 
are added reasons to be worried.
  Equally disturbing are reports that Iran is still pursuing secretly a 
nuclear weapon and long range missile program. While we develop a 
national missile defense program to protect us against limited attacks, 
we must strengthen those arms control regimes which help to contain the 
spread of weapons systems to states who may wish to harm us.
  One of the steps that the United States and other states can take is 
to strengthen the International Atomic Energy Agency (IAEA). The 
Nonproliferation Treaty (NPT) made the IAEA safeguards system the 
verification arm of the NPT. While the IAEA does provide some technical 
assistance to countries for the peaceful use of nuclear technology, it 
also inspects the nuclear inventories of non-nuclear weapon members of 
the NPT to ensure there are no diversions to weapons use.
  The Gulf War disclosed for the first time an Iraq nuclear weapons 
program which was being carried out despite IAEA inspections. This 
disclosure provided new impetus to strengthening the IAEA inspection 
system. The IAEA has developed a strengthened safeguards program which 
consists of more intrusive and aggressive inspections. The agency also 
proposes a new inspection protocol giving its inspectors more authority 
to collect information. Some 46 countries have signed the protocol 
which the United States helped develop.
  But the increase in membership in the IAEA and the strengthened 
inspection system has meant more demands on IAEA inspectors and 
facilities. I asked the Congressional Research Service to prepare a 
brief on the IAEA to explain its new functions. Zachary Davis, CRS's 
Specialist in International Nuclear Policy, is to be commended for his 
work on this subject. I urge my colleagues to read his analysis--
``Nuclear Weapons: Strengthening International Atomic Energy Agency 
Inspections.'' I ask unanimous consent that it be printed in the Record 
in full, following my remarks. The IAEA deserves our full support and 
the NPT Review Conference deserves our full attention. Again, I urge my 
colleagues to express their support by co-sponsoring S. Con. Res. 107.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

   Nuclear Weapons: Strengthening International Atomic Energy Agency 
                              Inspections

    (By Zachary S. Davis, Specialist, International Nuclear Policy 
               Resources, Science and Industry Division)


                                summary

       The International Atomic Energy Agency (IAEA) is an 
     international organization established to achieve two goals. 
     First, it operates an international inspection system to 
     provide assurances that nuclear materials and technology in 
     use for civilian purposes are not diverted to make nuclear 
     weapons. Second, the IAEA provides assistance in civilian 
     applications of nuclear technology for energy, agriculture, 
     medicine and science. The IAEA is strengthening its 
     inspection system to cope with countries such as Iraq and 
     North Korea that established covert nuclear weapons programs 
     and refused to cooperate with inspections, despite their 
     membership in the Nonproliferation Treaty.
       The strengthened safeguards system provides IAEA inspectors 
     with greater access to a wider range of nuclear activities. 
     New technologies will improve inspectors' ability to detect 
     undeclared nuclear activities. A new protocol to the standard 
     IAEA inspection agreement gives inspectors more information 
     and access. However, these improvements will require 
     additional resources from member states. This report outlines 
     the IAEA mission and describes efforts to improve it. It will 
     be updated as events merit.


        background: iaea inspections and the ``nuclear bargain''

       The IAEA was established in 1957 as part of President 
     Eisenhower's Atoms for Peace program to provide independent 
     assurances that the spread of civilian nuclear technology did 
     not also promote the spread of nuclear weapons. Exporters of 
     nuclear technology such as the United States asked the IAEA 
     to apply safeguards on nuclear technologies, such as 
     reactors, and materials, such as nuclear fuel, to make sure 
     that the purchasers did not use them to make nuclear weapons. 
     The IAEA gained new responsibilities in 1970 when the 
     Nonproliferation Treaty (NPT) designated the IAEA safeguards 
     system as the global verification mechanism for the NPT. The 
     Agency also provides technical assistance for countries to 
     use nuclear technology for energy, medicine, agriculture, and 
     scientific research. The balance between technical assistance 
     and nuclear safeguards is often referred to as the ``nuclear 
     bargain:'' in return for receiving civilian nuclear 
     technology, recipient nations agreed to international 
     safeguards.
       Organization. The Director General of the IAEA is Mohomed 
     ElBaradei, a U.S.-trained, Egyptian diplomat who served many 
     years as head of the IAEA legal department. The main policy-
     making body is the Board of Governors, which has 35 members, 
     including states with advanced nuclear programs. The General 
     Conference of all 131 members meets annually to debate Agency 
     positions, programs and priorities.
       Inspections Based on Inventories, Not Risk of Diversion. 
     All non-nuclear weapon members of the Nonproliferation Treaty 
     agree to allow the IAEA to inspect their nuclear inventories. 
     Each country provides an initial declaration and regular 
     reports on its inventory, which the IAEA then inspects on a 
     regular basis. The amount of inspection efforts is determined 
     by how much nuclear material a country has. Under this 
     formula, countries with large civil nuclear programs such as 
     Japan, Germany, South Korea, and Canada receive the most 
     attention, while countries possessing much smaller amounts of 
     nuclear material such as Iran and Iraq receive much less 
     attention.
       The Agency's members and its founding statutes do not allow 
     it to shift inspection resources from currently trusted 
     countries that possess large amounts of nuclear material, 
     such as Japan, to focus on countries with small but growing 
     nuclear programs that are considered to be proliferation 
     risks, such as Iran. One way to address this problem is 
     through across-the-board increases in the Agency's global 
     inspection system, although IAEA members have insisted for 
     many years on maintaining a zero-growth budget.
       Weapons States and Non-NPT Members. The five legally 
     recognized nuclear weapon states (Britain, France, China, 
     Russia, United States) are not obligated to accept 
     inspections, but in practice do allow some access to some 
     facilities on a voluntary basis. Nearly all non-weapon states 
     that possess nuclear capabilities accept comprehensive 
     safeguards. Only a few countries (India, Israel, Pakistan, 
     Cuba) have not joined the NPT, but even these are members of 
     the IAEA and accept safeguards at selected facilities.
       Numbers of inspections. The IAEA conducts thousands of 
     inspections annually. In 1998 the Agency performed 2,507 
     safeguards inspections at 897 facilities and other locations 
     worldwide. At the end of 1998, 222 safeguards agreements were 
     in force in 138 states (and Taiwan). This includes safeguards 
     agreements with 126 states pursuant to the NPT. (The NPT has 
     187 member states, but many of these are developing countries 
     that do not posses nuclear material or facilities that need 
     to be inspected.) The quantities of nuclear materials and 
     numbers of facilities under IAEA safeguards are growing 
     steadily. As a result of growing stocks of nuclear materials, 
     IAEA resources are being stretched thinner and may not keep 
     pace with this growing demand.


                         Successes and Failures

       A few NPT member states have violated their obligations and 
     diverted civilian nuclear technology and materials to covert 
     weapons programs.

[[Page 5904]]

       Iraq. Iraq was a party to the NPT for many years, but used 
     its civil nuclear program to disguise an extensive nuclear 
     weapons program. IAEA inspectors did not learn the full 
     nature and extent of Iraq's nuclear weapons program until the 
     Gulf War, when Allied forces attacked many undeclared nuclear 
     installations. After the war, the United Nations Security 
     Council created the Special Commission on Iraq (UNSCOM) to 
     account for and eliminate Iraq's nuclear, chemical, and 
     biological weapons and missiles. The IAEA headed the nuclear 
     inspections. Iraq quit cooperating with UNSCOM in 1999; 
     efforts to reestablish inspections in Iraq have been blocked 
     by Russia and France in the Security Council, although IAEA 
     inspectors were allowed to inspect nuclear material remaining 
     in Iraq in January 2000.
       North Korea. North Korea acceded to the NPT in 1985, but 
     refused to accept safeguards until 1992. When North Korea 
     finally allowed safeguards inspections, it provided 
     incomplete and contradictory information and then blocked 
     IAEA access to key sites. The IAEA quickly discovered the 
     discrepancies and reported Pyongyang's noncompliance to the 
     United Nations Security Council, which urged North Korea to 
     comply, but took no further action. North Korea refused 
     access and threatened to quit the NPT. Nevertheless, North 
     Korea remains obligated under the NPT to allow IAEA 
     inspections, despite its noncompliance. The IAEA has 
     repeatedly called upon North Korea to comply with its NPT 
     safeguards obligations. Under the 1994 Agreed Framework 
     between the United States and North Korea, the IAEA monitors 
     the shut-down of North Korea's declared nuclear facilities, 
     but is not able to apply full safeguards. However, North 
     Korea must fully comply and allow the IAEA to resolve all 
     outstanding inspection questions before the Agreed Framework 
     can be fully implemented.
       Inspections in Iraq and North Korea provide many lessons 
     for strengthening the IAEA safeguards system. Inspections in 
     South Africa after that country declared in 1991 that it had 
     dismantled its 6 nuclear weapons and joined the NPT also 
     helped the Agency learn how to improve its ability to detect 
     hidden nuclear activities and account for undeclared 
     activities such as those possessed by South Africa. Many 
     analysts expect the IAEA to be tested next in Iran, which has 
     a growing nuclear program but denies any interest in 
     acquiring nuclear weapons.


                          How Safeguards Work

       Each non-weapons member of the NPT signs an agreement with 
     the IAEA authorizing the Agency to keep track of the nuclear 
     materials in the country and provides the IAEA with an 
     inventory of its nuclear materials. IAEA inspectors verify 
     the declared inventories and make periodic visits to make 
     sure all the material can be accounted for. Agency inspectors 
     check records and take samples at reactors, fuel storage 
     facilities, and other nuclear installations to verify the 
     accuracy and completeness of each country's declared 
     inventory. Inspectors take a variety of measurements of 
     nuclear materials to verify their content (see below). The 
     Agency has a laboratory near its headquarters in Vienna, 
     Austria, where samples are analyzed. It also sends samples to 
     approved laboratories in several countries, including the 
     United States, for expert analysis. Inspectors attach seals 
     and tags to critical equipment to detect unauthorized access. 
     The Agency also installs video cameras to monitor activities 
     at nuclear facilities throughout the world.
       When questions arise about a country's nuclear inventory, 
     the Agency can request additional information and/or more 
     access to facilities. Normally, additional information can 
     resolve questions. However, in the past, inspectors have not 
     always pressed member states to resolve outstanding issues, 
     and states like Iraq and North Korea have attempted to take 
     advantage of the Agency's disinclination to confront member 
     states about incomplete or incorrect information. Recent 
     improvements in IAEA safeguards, however, are intended to 
     fill gaps and correct past deficiencies.


                        strengthened safeguards

       Since the early 1990s, the IAEA has been upgrading its 
     safeguards system to prevent a repeat of problems encountered 
     in Iraq and elsewhere. Most importantly, the Agency is taking 
     steps to detect undeclared nuclear activities such as found 
     in Iraq. Strengthened Safeguards, formerly referred to as the 
     93+2 Program, consists of legal, technical, and political 
     measures which are outlined below.
       Information. Inspectors rely on information provided by the 
     states themselves, on information collected by the Agency 
     from the states and from open source information, and 
     information provided to the Agency by member states. Prior to 
     the Gulf War, member states had not provided intelligence 
     information to the IAEA. However, the Agency has increasingly 
     received and used intelligence provided by member states, as 
     well as expanding its use of open source information from a 
     variety of sources. Those types of information were critical 
     in detecting discrepancies in North Korea's initial 
     declaration of its inventory of nuclear material and in 
     uncovering the full extent of Iraq's nuclear program. 
     Recently the Agency has begun to use commercial satellite 
     imagery to augment its information data bases.
       Access. One problem highlighted by the Agency's failure to 
     detect Iraq's extensive covert nuclear weapon program was the 
     limitations that member states put on its access to 
     facilities. In the past, the IAEA focused almost exclusively 
     on accounting for nuclear material, and did not pay much 
     attention to related equipment and installations. The IAEA 
     has reasserted its authority to gain access to all facilities 
     housing nuclear activities. However, additional authority is 
     needed and would be authorized by the new protocol inspection 
     agreement (see below).
       Technology. The Agency is upgrading its inspection 
     equipment with the help of the United States and other member 
     states. Upgrades include new cameras and remote monitoring 
     equipment, more accurate measuring tools, and new methods of 
     detecting minute quantities of nuclear material in soil, 
     water, plants and air that can be collected from numerous 
     locations. The IAEA is also beginning to use commercial 
     satellite imagery to monitor developments at nuclear 
     installations.
       Political and Financial Support. The IAEA depends on 
     support from member states to be effective. Contributions to 
     the regular budget are apportioned on the United Nations 
     scale of assessments. Most of the technology and equipment it 
     uses is contributed by members. Its budget is limited and 
     divided among several missions that are popular with certain 
     members, such as nuclear safety and technical assistance. 
     Given its budget constraints, the Agency depends on special 
     voluntary contributions to support programs of particular 
     interest to certain members, including advanced safeguards 
     and arms control.
       Enforcement. Even when the IAEA discovers noncompliance, it 
     can only report to the United Nations Security Council. 
     Enforcement is a political decision of the Security Council 
     and its members.


                     additional safeguards protocol

       An important part of the Strengthened Safeguards effort is 
     a new inspection protocol that gives Agency inspectors more 
     authority to collect more information about a wider range of 
     nuclear activities (uranium mining, imports, exports, etc.), 
     to use more intrusive inspection methods, and to expand their 
     access to undeclared activities. The additional information 
     and access is required to reduce the risk of undeclared 
     nuclear activities going undetected, as they did in Iraq.
       The United States, which played a primary role in 
     formulating the new inspection protocol, agreed to accept 
     some of the new measures on selected U.S. activities to 
     persuade others to sign it. The four other nuclear weapon 
     states also agreed to sign the protocol and implement it. The 
     United States, as a nuclear weapons state under the NPT, is 
     not obligated to open its facilities for inspection and can 
     exclude any sites it chooses from IAEA inspection. By early 
     2000, 46 countries had signed the Additional Protocol. The 
     U.S. version of the Protocol will be submitted to the Senate 
     for its consent to ratification before taking effect in the 
     United States.


new inspection missions: excess weapons materials and fissile material 
                             cutoff treaty

       In addition to the growing number of civil nuclear 
     facilities and growing stockpiles of materials under IAEA 
     safeguards, the IAEA is being assigned new missions to 
     support arms control agreements.
       Excess Weapon Materials: The Trilateral Initiative. The 
     United States and Russia each have many tons of excess 
     nuclear weapons materials--highly enriched uranium and 
     plutonium. The stockpiles of excess materials are growing as 
     more nuclear weapons are dismantled under the terms of arms 
     control agreements. The United States and Russia each 
     declared hundreds of tons of weapons materials as excess and 
     asked the IAEA to verify that this material is not reused to 
     make nuclear weapons. The IAEA agreed to work with Russian 
     and U.S. experts to develop a special verification 
     arrangement to allow the Agency to verify the materials 
     without revealing sensitive weapons-related information. The 
     arrangement, called the Trilateral Initiative, is funded by 
     the Departments of Energy and State. The Trilateral 
     Initiative can support arms control agreements such as START 
     II and a proposed START III by providing independent 
     verification that weapons materials are removed from military 
     stockpiles and are not reused for nuclear explosives.
       Fissile Material Cutoff Treaty (FMCT). The Clinton 
     Administration proposed negotiating a multilateral treaty to 
     stop further production of highly enriched uranium or 
     plutonium for use in nuclear explosives. Such a treaty would 
     cap the amount of weapons materials, and therefore limit the 
     number of weapons that could be made from existing stocks. 
     The IAEA is widely viewed as the most likely inspection 
     agency for such a treaty. Although an FMCT has broad 
     international support, negotiations are stalled at the 
     Conference on Disarmament, a branch of the United Nations 
     located in Geneva, Switzerland. New funding would be 
     required.


                    iaea budget and budget problems

       The IAEA annual budget is about $226 million. The budget is 
     divided among several major programs including safeguards, 
     safety,

[[Page 5905]]

     and technical assistance. Member states' contributions are 
     determined by the United Nations scale of contributions and 
     are combined in the Agency's annual budget. The Agency also 
     receives voluntary contributions from member states targeted 
     to support specific programs or projects.
       U.S. Contribution. The United States provides about 25% of 
     the IAEA regular budget. In 1999 the U.S. assessed 
     contribution was $49 million. The United States also provided 
     a voluntary contribution of $40 million, mainly to support 
     activities related to the Strengthened Safeguards System. The 
     United States also provided less than $1 million from the 
     Nonproliferation and Disarmament Fund to upgrade IAEA 
     inspection equipment. U.S. contributions to the IAEA are 
     funded through the State Department's 050 account.
       Stretching the Resources. While the members of the IAEA are 
     tasking it with additional responsibilities, many resist 
     providing additional funds to pay for Strengthened 
     Safeguards, expanding inspections, improving nuclear safety, 
     and for new arms control missions such as the Trilateral 
     Initiative. The U.S. practice of paying its dues at the end 
     of the U.S. fiscal year (instead of by calendar year, as 
     requested by the IAEA) puts further strain on the Agency. 
     With stocks of nuclear material growing in many countries, 
     some of which pose proliferation concerns, at some point the 
     IAEA's resources may be stretched so far that the Agency can 
     not fulfill all of its functions. Declining credibility of 
     IAEA safeguards could weaken their deterrent and detection 
     functions and possibly undermine nuclear nonproliferation 
     efforts.


                              legislation

       Congress has consistently supported the IAEA and has 
     authorized and appropriated funds for the Agency since its 
     inception in 1956. In recent years Congress has continued 
     support for strengthening the safeguards system and through 
     voluntary contributions. However, legislation has also been 
     proposed to withhold portions of the voluntary U.S. 
     contribution to the IAEA to signal displeasure with IAEA 
     programs that benefit particular member states such as Iran 
     and Cuba.


                         for additional reading

       IAEA documents are available on their web site: http://
www.iaea.org/worldatom.
       International Atomic Energy Agency, ``Safeguards and 
     Nonproliferation,'' IAEA Bulletin, volume 41, number 4, 1999.
       Zachary Davis, International Atomic Energy Agency: 
     Strengthen Verification Authority? CRS Report 97-571, May 
     1997.

                          ____________________



                  PROTESTS AT IMF-WORLD BANK MEETINGS

  Mr. BAUCUS. Mr. President, I rise today to comment on some important 
events that took place here in Washington last week while many of us 
were back home meeting with our constituents.
  For the past 25 years, we've had an annual Spring ritual in 
Washington. I'm not referring to the cherry blossoms. Every April, the 
International Monetary Fund (IMF) and the World Bank hold their joint 
meeting. Bankers and finance ministers from around the world travel to 
Washington to talk about the global economy, exchange rates, poverty 
reduction, and the so-called ``international financial architecture.''
  These are tremendously important subjects. But the talks are highly 
technical, and the results are shrouded in the vague language of 
diplomatic communiques. The meetings don't produce startling 
breakthroughs. For most people they are hard to understand. So the 
annual IMF-World Bank meetings in Washington have rarely generated much 
news, and the participants liked it that way.
  This year was different. A coalition of activists vowed to descend on 
Washington to disrupt the meetings. More than 1,700 journalists 
registered to cover the event. Few of those journalists came to report 
on IMF discussions of extended funds facilities or economic 
stabilization criteria. They were hoping for the kind of news that 
protesters made at last year's WTO meetings in Seattle when they closed 
the city down.
  But those who came to Washington hoping for Seattle-style violence 
were disappointed. Both the police and the demonstrators are to be 
commended for that. Those who came here hoping to throw the meetings 
off track were also disappointed. Unlike the WTO ministerial in 
Seattle, the IMF meetings did not attract a big crowd of protestors. 
The labor unions stayed home. The big environmental groups were absent. 
So the meeting took place pretty much as scheduled, albeit with some 
inconvenience and no dramatic events. Business as usual.
  There was one underlying theme among those who did come: a feeling 
that international economic institutions undermine the interests of 
ordinary citizens. I heard that on the streets of Seattle last 
December, when protestors took aim at the world's main trade body. And 
I heard it again last week when they focused on the IMF and the World 
Bank. The demonstrators had no confidence that those institutions are 
moving in the right direction.
  This lack of confidence concerns me greatly. It exists not only here 
at home, but also in many other countries. I believe that America must 
lead an effort to restore faith in the economic institutions we have 
worked so hard to build over the past fifty years, economic 
institutions that have served our country and our people. The World 
Trade Organization. The IMF. The World Bank. And we in the Congress 
should lead that effort.
  Look at the evidence here at home. In the trade arena, I've seen a 
rapid decline in the domestic consensus in favor of open markets. One 
result is that we've been unable to renew the President's fast track 
trade negotiating authority. Morever, the lack of a domestic consensus 
has undermined our ability to lead in the WTO. It has weakened our 
bargaining power. Other members, especially the EU and Japan, take 
advantage of our weakened position and resist opening up their markets 
to the production of American workers and farmers.
  In the financial arena, last week's demonstrations showed that 
Americans are losing faith. They don't think that the IMF and the World 
Bank serve the needs of the people, especially the most vulnerable here 
and in other countries. Instead, they believe that the institutions 
serve the needs of the big and the rich. The IMF and the World Bank 
stand accused of mismanaging the Asian financial crisis through 
misguided policies which needlessly lowered the living standards of 
millions of people, throwing many of them back into poverty. They stand 
accused of mismanaging the Russian economy.
  Are these criticisms justified? It's difficult for Americans to 
judge. These institutions do not operate in the daylight of public 
scrutiny. Although they exist on taxpayer funds, they do not hold 
themselves accountable to taxpayer concerns. America is the biggest 
shareholder in both the IMF and the World Bank. And the lack of 
transparency has seriously undermined American public confidence in 
both the IMF and the World Bank.
  Over the past week I've read and heard a number of condescending 
remarks about the protestors. They've been called naive, poorly 
informed, misguided. But the concerns they express are real and are 
shared by many Americans who did not march down Pennsylvania Avenue. We 
need to take these concerns seriously, because they express a strong 
undercurrent in American thinking.
  In my talks with representatives from the business, environmental and 
labor communities, I find that strong centrist elements seek practical 
solutions. We in the Congress can supply the political leadership to 
firm up this middle ground on the issues of trade and finance, trade 
and labor, trade and the environment, and restore confidence in the 
international trade and financial system. It is an important 
undertaking. America's ability to lead the world into an era of global 
prosperity benefitting rich and poor alike requires us to firm up and 
expand the middle ground to reforge our domestic consensus.

                          ____________________



                        U.S. POLICY TOWARD LIBYA

  Mr. MACK. Mr. President, I rise today to speak on behalf of Senate 
Resolution 287, expressing the sense of the Senate regarding U.S. 
policy toward Libya. It is of grave concern to me that the United 
States is currently considering a change in its ``Travel Ban'' policy 
with Libya, prior to the resolution of the Pan-Am 103 Bombing trial.
  Libya is a state sponsor of terrorism and a global agent of 
instability. Two

[[Page 5906]]

Libyan intelligence operatives, with prior terrorist activity 
convictions, are now on trial for the explosion of Pan Am flight 103 in 
1988 and the loss of 270 lives, 180 of them Americans. Libya is engaged 
in one the most advanced Bio-Chemical efforts in the third world, 
including the acquisition of delivery vehicles. It has repeatedly 
engaged U.S. military forces, including an attempted missile attack on 
U.S. military installations in Italy in 1986.
  Taking into account its past behavior, we all agree that Libya has a 
long way to go to become a member of the family of law-abiding nations. 
Libya must take concrete actions to provide its sincerity. It must show 
complete adherence to the Pan Am 103 Judicial Authorities in Hague. If 
a conviction is reached, Libya must accept responsibility for any court 
judgement and make full payment to all judgement creditors. It is my 
sense that Libya must prove its vigilant and sincere cooperation in 
anti-terrorism efforts.
  U.S. policy towards Libya must remain balanced. The ``Travel Ban'' is 
an important tool and should not be abandoned without clear 
justification. A verdict is not yet at hand; I urge you to await the 
conclusion of the Pan Am 103 trial, and calculate our steps from there.

                          ____________________



                       THE VERY BAD DEBT BOXSCORE

  Mr. HELMS. Mr. President, at the close of business yesterday, Monday, 
April 24, 2000, the Federal debt stood at $5,711,905,996,688.11 (Five 
trillion, seven hundred eleven billion, nine hundred five million, nine 
hundred ninety-six thousand, six hundred eighty-eight dollars and 
eleven cents).
  Five years ago, April 24, 1995, the Federal debt stood at 
$4,839,548,000,000 (Four trillion, eight hundred thirty-nine billion, 
five hundred forty-eight million).
  Ten years ago, April 24, 1990, the Federal debt stood at 
$3,066,631,000,000 (Three trillion, sixty-six billion, six hundred 
thirty-one million).
  Fifteen years ago, April 24, 1985, the Federal debt stood at 
$1,731,710,000,000 (One trillion, seven hundred thirty-one billion, 
seven hundred ten million).
  Twenty-five years ago, April 24, 1975, the Federal debt stood at 
$514,446,000,000 (Five hundred fourteen billion, four hundred forty-six 
million) which reflects a debt increase of more than $5 trillion--
$5,197,459,996,688.11 (Five trillion, one hundred ninety-seven billion, 
four hundred fifty-nine million, nine hundred ninety-six thousand, six 
hundred eighty-eight dollars and eleven cents) during the past 25 
years.

                          ____________________



                         ADDITIONAL STATEMENTS

                                 ______
                                 

       TUFTS UNIVERSITY COLLEGE OF CITIZENSHIP AND PUBLIC SERVICE

 Mr. KERRY. Mr. President, today I applaud Tufts University for 
furthering the values of leadership, citizenship, and public service, 
by founding a University College of Citizenship and Public Service. By 
creating this new college, Tufts' President, Dr. John DiBiaggio, is 
fostering an attitude of ``giving back'' to supplement the University's 
vision that `active citizen participation' is essential to freedom and 
democracy.
  Tufts has a history of commitment to civic education, having founded 
the Lincoln Filene Center for Citizenship and Public Affairs over 50 
years ago. The largest student organization on the Medford campus is 
the Leonard Carmichael Society, a community service group, which boasts 
about 1,000 members. Recently, Tufts has hatched the ``United Leaders 
for a Better Tomorrow,'' a new student organization that aims to 
encourage young people to pursue careers in public service. With 
chapters starting across the country, this group of young leaders seeks 
to re-enlist those Americans interested in public service in using 
public office as a vehicle for change.
  Tufts University is now renewing its commitment to public service 
with an entrepreneurial spirit. Tufts is not adding a stand-alone 
college, composed of its own buildings and faculty. Instead, the 
university is creating a `virtual college,' one ``without walls;'' 
challenging itself to infuse all classroom instruction with the ideas 
of citizenship and public service.
  According to Tufts' President Dr. John DiBiaggio, the tangible impact 
will mean that a major in child development who is mentoring 
kindergarten kids in a poor community could also participate in 
legislative advocacy to improve conditions in that community or, a 
Tufts student who wants to be a chemist will have an opportunity to 
measure pollution in nearby waterways, determine the sources of this 
pollution and then create a local team to clean them up.
  The need for a college of public service has never been greater. 
While Tufts students, Massachusetts residents, and citizens nationwide 
are volunteering at record rates, voter participation rates continue to 
fall. Just two stops away on the T's red line, the ``Vanishing Voter 
Project'' at Harvard's John F. Kennedy School of Government measures 
the depth of the public's cynicism and apathy towards public service. 
Last week, according to the Vanishing Voter Project's Voter Involvement 
Index, only 19% of the American public paid any attention to the 
Presidential race. In fact, at no time during the Presidential 
Primaries--one of the most hotly contested races in years--did the 
number of Americans paying attention to the race rise above 46%. In the 
world's leading democracy, in an age where limitless information is 
available at our fingertips, we can do better.
  More than ever, it is critical that we restore and maintain civil 
society. We need voters that are educated and engaged. Tapping the 
cutting edge of the New Economy's budding e-commerce, Tufts is 
partnering with eBay founder, Pierre Omidyar. eBay, is now the world's 
leading person-to-person online trading community. Omidyar's ten 
million dollar investment in the College of Public Service includes 
financial aid packages for 24 undergraduates every year, enhanced 
public and private sector internship opportunities, citizenship-based 
career workshops, and a senior honors program in civic activism. Mr. 
President, Tufts University's College of Citizenship and Public Service 
and its partnership with eBay's Pierre Omidyar illustrates the 
possibilities provided by technological innovation. The promise of a 
technology based digital democracy is that billions of people will 
engage in business, receive their news, and even vote, directly and 
instantly. Our challenge for this new age is to continue to foster 
values of public service, community, and citizenship, in order to 
constantly renew and re-engage our citizenry and our democracy.

                          ____________________



  RETIREMENT OF THE CHANCELLOR OF VANDERBILT UNIVERSITY, JOE B. WYATT

 Mr. FRIST. Mr. President, on April 29 the Vanderbilt 
University community will honor Joe B. Wyatt, who will retire this 
summer after a long and distinguished career as Chancellor of that 
prestigious university. I rise today to pay tribute to Chancellor 
Wyatt. His significant contributions have not only benefitted the 
Nashville campus, but also have had a very positive impact on the State 
of Tennessee and, indeed, our entire nation.
  Joe Wyatt's tenure as head of Vanderbilt, which extends back to 1982, 
has been marked by substantial growth at the University: new 
construction and renovation on campus; tremendous expansion of the 
renowned Medical Center; major increases in the levels of research 
grants; and a quantum leap in the university's endowment.
  Today, Vanderbilt University and Medical Center is the largest 
private employer in Middle Tennessee and the second largest in the 
state. It generates an estimated annual economic impact of more that 
$2.2 billion to the area. Among the 19,000 Vanderbilt alumni who live 
in Middle Tennessee are numerous leaders in business, government, law, 
education and medicine.

[[Page 5907]]

And many of these young men and women were handed their diplomas by Joe 
Wyatt before moving on to make a mark in their chosen fields.
  Equally important, Mr. Wyatt's stewardship has been marked by the 
academic and intellectual growth of the University. He has helped 
attract a world-class faculty that is consistently recognized 
nationally and internationally for its research and teaching 
excellence. In addition, he recognized, earlier than most, the 
potential impact of new technology on our society and education, and he 
facilitated the development of research programs that cut across 
various academic disciplines, reflecting changes in the real world and 
maximizing the University's academic resources.
  Personally, in making my own decision of whether to come to 
Vanderbilt to join the staff at Vanderbilt University Medical Center as 
Assistant Professor in cardiothoracic surgery, it was Joe Wyatt's 
support of a vision of establishing a multi-organ, multi-disciplinary 
transplant center at Vanderbilt that encouraged me to come back to 
Nashville. His commitment to seeing that vision become a reality led to 
the establishment of the Vanderbilt Transplant Center which since that 
time has served thousands of patients throughout the Southeast.
  During Joe Wyatt's 18 years of service at Vanderbilt, the university 
has evolved steadily from a highly regarded regional institution to a 
truly national institution, widely known for its excellence in a wide 
array of undergraduate and graduate fields. Today, it is among the top 
ranks of research universities in the United States, with a student 
body that represents all 50 states and more than 90 foreign countries.
  Chancellor Wyatt is widely regarded today as a senior statesman of 
the research university community. His deep commitment to higher 
education issues is exemplified by his participation in, and leadership 
of, many national advisory groups and policymaking organizations. For 
example, he has served the last two years as chairman of the 
Government-University-Industry Research Roundtable of the National 
Academy of Sciences. He also is the current chairman of the 
Universities Research Association and chairs a blue ribbon panel on 
quality standards for the non-profit organization, New American 
Schools. In addition, he serves on the Business Higher Education Forum, 
the Council on Competitiveness and the Advisory Committee of the Public 
Agenda Foundation.
  Mr. President, Joe B. Wyatt has made contributions in many areas, but 
I think his greatest legacies will be in the following three areas:
  First, he has fostered greater communication and cooperation among 
the three sectors most involved in our nation's unique research 
enterprise--universities, the federal government and industry.
  Chancellor Wyatt is the Chairman of a group at NSF devoted to 
bringing government, universities and businesses together in a 
collaborative effort to improve our nation's research effort.
  Second, he has promoted increased awareness of the great 
responsibility of our schools of education to ``teach the teachers'' 
who prepare America's youth for the challenges of tomorrow.
  Chancellor Wyatt supported a controversial provision in the Higher 
Education Act of 1998 to hold colleges of education accountable for 
their students' performance as teachers. This provision, and Chancellor 
Wyatt's deep commitment to improving our nation's colleges of 
education, will have a lasting impact not just on higher education, but 
on our entire elementary and secondary school system.
  Third, he has generated, through personal example, renewed commitment 
to volunteer community service by all members of the university 
community.
  Today, Vanderbilt undergraduates are engaged in volunteer programs in 
unprecedented numbers. It was no accident that, when they recently came 
to say farewell to Vanderbilt alumni in the Washington, DC, area, Joe 
and Faye Wyatt spent the day at an inner-city elementary school, 
working alongside 75 alumni in a reading and storytelling program with 
local third-graders.
  I include for the Record an article from the Vanderbilt Register On-
Line. The article further details Joe B. Wyatt's many accomplishments 
over a span of nearly two decades as Chancellor of the University. 
Throughout this period, he has maintained a sharp focus on two things 
that really matter . . . two things that are enduring in our society: 
quality education of our nation's youth and service to the broader 
community. And he has done so with honor, decency and credibility.
  We wish Joe and Faye Wyatt the very best, and give them heartfelt 
thanks for their service to Vanderbilt University.
  The article follows:

       Joe B. Wyatt, Vanderbilt University Chancellor, 1982-2000

       When Alexander Heard retired in 1982, the board named Joe 
     B. Wyatt to succeed him. As Chancellor, Wyatt sought to place 
     Vanderbilt in the very top tier of American universities.
       Wyatt, a Texan, holds degrees in mathematics from Texas 
     Christian University and the University of Texas. He was vice 
     president for administration at Harvard University--and 
     father of a Vanderbilt sophomore--when he was selected as 
     Vanderbilt's sixth Chancellor. As a computer scientist and 
     executive, he brought to the University his concept that 
     information technology is a strategic resource of 
     accelerating global importance in education, research and 
     patient care.
       In addition to his influence in technology, Wyatt pushed 
     the University community to unprecedented levels of 
     involvement in volunteer community service. Alternative 
     Spring Break was founded in 1987 by a handful of students 
     with Wyatt's support. In spring 1999, more than 300 
     undergraduates participated in the program's 22 domestic and 
     three international sites. With funding from the Chancellor's 
     discretionary fund, the non-profit Break Away: The 
     Alternative Break Connection was founded in 1991 by 
     Vanderbilt graduates to help colleges across the country 
     start alternative spring breaks. Today, half of all 
     Vanderbilt undergraduates are engaged in volunteer programs, 
     and the number of service organizations has exploded.
       The term ``national university'' has taken on an expanded 
     meaning under Wyatt. He has led a national effort to improve 
     elementary and secondary education in the nation's public and 
     private schools, and at home he has made the Vanderbilt 
     student body the most diverse in history. Students hail from 
     all 50 states and 91 foreign countries. Minority enrollment 
     in Vanderbilt's four undergraduate schools has nearly tripled 
     in the past 10 years. In the fall of 1999, minority students 
     accounted for almost 20 percent of the undergraduate 
     population, as compared to slightly less than 7 percent in 
     1987, while the overall enrollment has remained fairly 
     constant. Over the same period, the number of minority 
     students in the graduate and professional schools continued 
     to increase.
       In 1989, for the first time, Vanderbilt's undergraduate 
     programs were ranked among the top 25 national universities 
     overall in the U.S. News & World Report survey, placing 24th. 
     Vanderbilt continues to be ranked in the top 25, placing 20th 
     in 1999. In U.S. News' 1999 graduate school rankings, Peabody 
     College was ranked sixth among schools of education; the Owen 
     Graduate School of Management was ranked 25th among business 
     schools; the law school was ranked 16th; and the School of 
     Medicine was ranked 16th.
       During Wyatt's term as Chancellor, the Medical Center 
     expanded most dramatically, now accounting for more than 70 
     percent of the University's income and expenses and employing 
     almost half of the full-time faculty, more than half of the 
     part-time faculty, and the majority of staff.
       Since 1982, Vanderbilt has acquired or built one-third of 
     the campus--more than four million square feet of mostly new 
     construction. This does not include the one million 
     additional square feet of renovations to existing facilities, 
     and major projects on the drawing board.
       Wyatt spent much of the early '90s working with trustees 
     and staff in The Campaign for Vanderbilt, the most ambitious 
     fund-raising effort in the institution's history. This latest 
     campaign, which ended in 1995, raised $560 million. Now, 
     because of the work of Wyatt and others, Vanderbilt has an 
     endowment of $1.8 billion. Its operating budget has grown to 
     $1.3 billion. Sponsored research has more than quadrupled 
     since 1981, from $42 million to $214 million, placing 
     Vanderbilt 33rd among U.S. colleges and universities in 
     federal research and development funding, according to the 
     National Science Foundation.
       One of Wyatt's most significant accomplishments as 
     Chancellor has been the improvement in the quality of 
     Vanderbilt's faculty. The criteria for faculty appointment, 
     promotion and tenure have been strengthened twice during his 
     administration, making it clear that excellence in 
     scholarship,

[[Page 5908]]

     teaching and service are required for all members of the 
     faculty. The number of endowed faculty chairs has increased 
     from 39 in 1982 to more than 100 today, and faculty salaries 
     have continuously increased as well.
       On April 23, 1999, Wyatt announced that he would retire as 
     Chancellor in July 2000.

                          ____________________



           TRIBUTE TO INNOVATORS IN FIVE VERMONT HIGH SCHOOLS

 Mr. JEFFORDS. Mr. President. I rise today to pay tribute to 
educators in five Vermont high schools whose collaborative work in 
school improvement will help high school teachers and administrators 
across the country understand how to support high school reform. The 
high schools and their educators include: Montpelier High School--Owen 
Bradley, David Gibson, and Charlie Phillips; Otter Valley High School 
in Brandon--Nancy Cornell, Ellie Davine, and Bill Petrics; South 
Burlington High School--Tim Comoli, Sheila Mable, and Janet Bossange; 
Essex High School--Kevin Martell, Sue Pasco, and Brian Nelligan; and 
Mount Abraham High School in Bristol--Tom Tailer, John Vibber, David 
Royce and Mary Sullivan.
  These people are outstanding educators who understand how to build 
partnerships between the community and school that enrich the 
experience of their students. All five of these high schools have 
Professional Development School partnerships with the University of 
Vermont, collaborating to prepare new teachers and support veteran 
teachers on behalf of school renewal. Each of them has learned to use 
local resources to bring high school students into meaningful contact 
with adults in the surrounding community, making learning a part of 
life. All five schools are discovering how to link local innovations 
with the national effort to help all high school students meet high 
standards of performance. The Northeast and Islands Regional 
Educational Laboratory at Brown University (LAB), a program of The 
Education Alliance at Brown University, with the support of the U.S. 
Department of Education will publish and disseminate a description of 
their work and the results of the work in The Dynamics of Change in 
High School Teaching: Instructional Innovation in Five Vermont 
Professional Development Schools, which will be released this summer. 
(Clarke, et al, 2000)
  The Montpelier Story, a publication excerpted from the book and 
available now through the LAB, is the story of the success of dedicated 
educators in collaboration with community partners and other resources 
in providing new, student-centered learning opportunities to the young 
people they serve.
  At Montpelier High School, Owen Bradley, David Gibson, Charlie 
Phillips and the entire faculty have redesigned the curriculum to 
support Personal Learning Plans for each student in the school. 
Montpelier students use their Personal Learning Plans to select courses 
and to develop community-based learning projects that help them meet 
graduation requirements and carry them toward their individual goals in 
ways that fit their unique talents and aspirations. The work at 
Montpelier has already inspired schools across Vermont and spilled over 
the borders to Maine and beyond, where it serves as a model for 
redevelopment of curricula and advising to increase contact between 
students and adults.
  Under the leadership of Nancy Cornell, Ellie Davine and Bill Petrics 
formed a team at Otter Valley High School with the purpose of designing 
a standards-based course for students in the school who needed to 
understand how geography and local decision making affect land use in 
Vermont. By giving each student a topographic map of 100 acres in the 
State and leading them through the process of land-use assessment and 
planning required by Vermont's environmental laws, they illustrated the 
application of knowledge and skills in local community development 
efforts.
  Over a period of 15 years at South Burlington High School, Tim Comoli 
and Sheila Mable, both of the English Department, developed a state-of-
the-art media lab that engages students in designing multi-media 
presentations of professional quality for public service organizations 
in their community. Development of the media lab provoked a complete 
revision of the district's technology education plan, creating a model 
technology program for the State.
  At Essex High School, Kevin Martell, Sue Pasco and Brian Nelligan 
have worked for more than a decade to design and refine an integrated 
course in history and English that engages students in examining the 
evolution of human culture from 10,000 BC to the present. By fitting 
course assignment to the individual learning styles of the students who 
fill their classrooms, they have been able to create a challenging 
course in which high school students teach each other, and learn to 
express their views in a wide variety of media.
  Tom Tailer, John Vibber and a host of partners at Mount Abraham Union 
High School developed a physics unit on Newton's Laws that they 
expanded over a decade into a simulation of armed, global aggression. 
Having made ``weapons'' that launch tennis balls over great distances, 
Mt. Abraham's physics students play out the implications of an unequal 
distribution of global power on the school's athletic fields, then 
compare their struggle to current wars and conflicts around the globe. 
The ``Physics War'' is part of a complete redesign of Mt. Abraham's 
science curriculum that bases student learning on performance measured 
against common standards.
  Each of these projects demonstrates that high school change occurs 
when individuals reach across the boundaries that separate them into 
departments and bureaucratic layers, forming partnerships that empower 
all participants to learn and grow through shared effort on behalf of a 
common goal: improved learning for young people.

                          ____________________



 RECOGNITION OF NATIONAL ASSOCIATION OF RETIRED FEDERAL EMPLOYEES WEEK

 Mr. THOMPSON. Mr. President, Governor Don Sundquist of the 
State of Tennessee has proclaimed April 16-22, 2000, as ``National 
Association of Retired Federal Employees Week'' in order to focus 
attention on the many accomplishments of Tennessee's retired Federal 
employees. In recognition of the important public service performed by 
Federal retirees, I ask my colleagues to join Governor Sundquist and me 
in acknowledging the contributions retired Federal employees have made 
to this Nation and their continued dedication to our communities.
  Beginning in 1882, a non-partisan civil service system was 
established granting Federal employees the protections of a merit 
system, eliminating the spoils system and basing Federal employment 
decisions on merit rather than political connection. It is in this 
spirit that Federal employees, over the course of almost 120 years, 
have served the public interest. Their professional lives have been 
dedicated to performing and carrying out the responsibilities of the 
Federal Government.
  In an effort to improve the civil service, and in recognition of 
civil servants' efforts on behalf of the Federal Government, Congress 
enacted in 1920 the first comprehensive employer-sponsored retirement 
plan - the Civil Service Retirement System. This system has served the 
country well since then and its successor, the Federal Employee 
Retirement System, serves as a benchmark in evaluating pension and 
retirement plans.
  As the chairman of the Senate Governmental Affairs Committee, I can 
attest to the effectiveness of NARFE members in making the case for 
equitable retirement and health benefits for the more than two million 
federal retirees and their survivors.
  My State of Tennessee is home to more than 37,000 Federal retirees. 
These folks, like all federal retirees, served their country through 
their commitment to public service. Federal retirees deserve our 
Nation's thanks for the dedication they have shown. I hope all my 
colleagues will join me today saluting Federal retirees for a job well 
done.




                          ____________________


[[Page 5909]]

 THE GREATER DETROIT BUILDING AND CONSTRUCTION TRADES COUNCIL RECEIVES 
         2000 GENDER AND RACE DIVERSIFICATION EXCELLENCE AWARD

 Mr. ABRAHAM. Mr. President, on May 2, 2000, the Great Lakes 
Construction Alliance will hold its annual Gender and Race 
Diversification Excellence Awards dinner. Each year, the G.A.R.D.E. 
Awards are given to labor owners and contractor organizations which 
have made significant efforts in improving the recruitment and 
retention of women and people of color in the unionized construction 
industry. Each award winner has developed, or engaged in, some 
substantial program with the goal of furthering opportunities for women 
and people of color, which is one of the fundamental principles upon 
which the Great Lakes Construction Alliance was founded.
  Nominees are judged by a jury of construction industry 
representatives. To be considered for the G.A.R.D.E. Award, programs 
must show documentation, including numbers for minorities and women, of 
the number of people added to the organization's labor force, and 
promote quality, acceptable construction practices. Ultimately, the 
awards are given to those programs which have made significant efforts 
to improve the recruitment and retention of women and people of color 
in the unionized construction industry. The recipients of the 2000 
G.A.R.D.E. Awards are the Human Rights Department of the City of 
Detroit, the Greater Detroit Building and Construction Trades Council, 
and the Comerica Park Construction Management Team.
  The Greater Detroit Building and Construction Trades Council, with 
Barton-Malow acting as program manager, formed twenty construction 
management teams, which together coordinated over 750,000 hours of 
service during the Detroit Public Schools Summer Emergency Maintenance 
Program. 130 minority students, thirty-seven percent of whom were 
female, participated in the Summer Emergency Maintenance Program. The 
twenty construction management teams provided these students with the 
opportunity to work directly with prime contractors in a multitude of 
capacities, including administrative activities, painting, electrical, 
mechanical, and plumbing. Students were also assigned a mentor who 
helped them develop objectives and document their work experiences. The 
construction management teams also prepared outcome reports, which 
provided guidance for educators to continue support of the students' 
interests once the school year began.
  Mr. President, I applaud the Greater Detroit Building and 
Construction Trades Council, and the members of the twenty construction 
management teams, for their willingness to help these students. 
Undoubtedly, their efforts had a profound impact on the lives of each 
and every one of them. Furthermore, this is the type of work that must 
be done if the revitalization of Detroit is truly to come about. On 
behalf of the entire United States Senate, I congratulate the Greater 
Detroit Building and Construction Trades Council on receiving the 200 
Gender and Race Diversification Excellence Award.

                          ____________________



          THE BATTLE CREEK ENQUIRER HONORS MS. ROBIN TRUMBULL

 Mr. ABRAHAM. Mr. President, I rise today to recognize Ms. 
Robin Trumbull, whom the Battle Creek Enquirer will present with a 
George Award Tomorrow evening. These awards are given annually to 
individuals who ``Don't wait around for George to do it.'' Recipients 
are recognized for their leadership, and they are usually individuals 
who have spearheaded projects. Ms. Trumbull is being honored because 
she is the volunteer founder and president of Amber Alert of Michigan, 
a nonprofit organization in Battle Creek which works to create an 
effective communication system between local police and radio stations 
to immediately alert community members in the event of a child 
abduction.
  The first few hours after an abduction has occurred are the most 
crucial in recovering the child, and the implementation of this 
effective emergency broadcast plan has the potential to save the lives 
of many children. The organization, which started in the Dallas/Fort 
Worth area in the memory of Amber Hagerman, has since spread throughout 
the country. It has done so because of the incredible efforts of 
individuals like Robin Trumbull.
  I have had the privilege of working with Ms. Trumbull on this 
worthwhile cause, and I think I can safely say that all residents of 
Michigan owe her a debt of gratitude for the work she has done to save 
children from being abducted, and to help recover those who have been 
abducted as quickly as possible. Because of her efforts, and her 
dedication to the children of Michigan, the Amber Alert program has 
been kicked off successfully.
  I applaud Ms. Trumbull for bringing this wonderful program to the 
State of Michigan. I also applaud the Battle Creek Enquirer for 
acknowledging her tireless efforts to do so. On behalf of the entire 
United States Senate, I congratulate Ms. Robin Trumbull on receiving 
her George Award. I could not imagine a more deserving 
recipient.

                          ____________________



  COMERICA PARK CONSTRUCTION MANAGEMENT TEAM RECEIVES 2000 GENDER AND 
                 RACE DIVERSIFICATION EXCELLENCE AWARD

 Mr. ABRAHAM. Mr. President, on May 2, 2000, the Great Lakes 
Construction Alliance will hold its annual Gender and Race 
Diversification Excellence Awards dinner. Each year, the G.A.R.D.E. 
Awards are given to labor owners and contractor organizations which 
have made significant efforts in improving the recruitment and 
retention of women and people of color in the unionized construction 
industry. Each award winner has developed, or engaged in some 
substantial program with the goal of furthering opportunities for women 
and people of color, which is one of the fundamental principles upon 
which the Great Lakes Construction Alliance was founded.
  Nominees are judged by a jury of construction industry 
representatives. To be considered for the G.A.R.D.E. Award, programs 
must show documentation, including numbers for minorities and women, of 
the number of people added to the organization's labor force, and 
promote quality, acceptable construction practices. Ultimately, the 
awards are given to those programs which have made significant efforts 
to improve the recruitment and retention of women and people of color 
in the unionized construction industry. The recipients of the 2000 
G.A.R.D.E. Awards are the Human Rights Department of the City of 
Detroit, the Greater Detroit Building and Construction Trades Council, 
and the Comerica Park Construction Management Team.
  Comercia Park is the new home of the Detroit Tigers. It is a 
breathtaking, state-of-the-art facility. In my somewhat biased opinion, 
it is not only the newest, but also the nicest, stadium in the Major 
Leagues. Its construction would not have been possible were it not for 
the efforts of the many people who helped to build it. The construction 
of Comerica Park was a conglomerate effort, which was led by the 
Construction Management Team of Hunt, Turner, and White, Tigers General 
Manager John McHale, Jr., and aided by many Detroit City organizations: 
the Downtown Development Authority, the Minority Business Development 
Council, the African American Association of Business Contractors, and 
the Majority Business Initiative.
  The Comerica Park project, with the cooperation of the aforementioned 
individuals and organizations, and also Detroit residents, targeted 
specific groups for participation in its completion. The program 
resulted in the participation of 25 percent minority businesses, five 
percent women-owned businesses, 34 percent Detroit-based businesses, 
and 25 percent small businesses. Workforce utilization resulted in 
minorities comprising 38.15 percent of employees constructing the 
stadium. Women comprised 4.28 percent, and another 30.53 percent were 
residents of Detroit.
  Mr. President, I applaud the diverse group of people who were 
responsible for the building of Comerica Park. The

[[Page 5910]]

stadium stands as a symbol of the hope that I think many Detroit 
residents now feel for their city. More importantly, all Michigan 
residents can take pride not only in the final product, but in the 
production itself. On behalf of the entire United States Senate, I 
congratulate the Comerica Park Construction Management Team on 
receiving a Gender and Race Diversification Excellence Award.

                          ____________________



THE WAVERLY WARRIORS WIN THE MICHIGAN HIGH SCHOOL ATHLETIC ASSOCIATION 
                  CLASS A BOYS BASKETBALL CHAMPIONSHIP

 Mr. ABRAHAM. Mr. President, I rise today to congratulate the 
members of the Waverly Warriors Boys Basketball Team, who defeated 
Detroit Pershing 75-63 to win the Michigan High School Athletic 
Association Class A State Championship. This victory brought Waverly 
High School its first ever state title. More importantly, it brought 
the entire west side of Lansing together, as it was an experience 
enjoyed not only by the players on the team, or even the students of 
the school, but by the entire community.
  Coach Phil Odlum's team went 25-2 on its way to capturing the state 
title. The Warriors were led by seniors Marcus Taylor and Cortney 
Scott, who will attend, respectively, Michigan State University and the 
University of Iowa on basketball scholarships in the fall. Seniors 
Terry Reddick, Melvin White, and Chris Miller rounded out the starting 
five. These five players were backed by an extremely solid bench, both 
in the remaining players on the team and in the community support they 
received.
  In the hierarchy of athletic competition, Mr. President, high school 
athletics represent the last time a community is able to look out onto 
the playing field, or, in this case, court, and say, ``These are our 
kids.'' There is an attachment there, and also, I think, a certain 
level of pride, that cannot be found at higher levels of play. A 
community can embrace a team as its own because that is what it truly 
is. And the west side of Lansing did embrace these kids. Clad in bright 
yellow t-shirts, a large band of Waverly supporters staked a claim on 
the northernmost side of the Breslin Center in East Lansing, Michigan, 
and cheered on their Warriors.
  This community spirit and support played a large role, perhaps not in 
the on the court success of the team, but definitely in the overall 
enjoyment of their accomplishment. I am sure that the championship was 
made all the more special for the players when their victory lap was 
halted by a sea of yellow shirts. And for all the students and 
community members who occupied those yellow shirts, I am sure it was 
just as wonderful an experience seeing kids that they grew up with, or 
watched grow up, successfully complete their run for the title. And 
this, Mr. President, is the aspect of high school athletics that is 
truly irreplaceable.
  Mr. President, I applaud both Lansing Waverly and Detroit Pershing on 
the completion of very successful seasons. And, on behalf of the entire 
United States Senate, I congratulate the Waverly Warriors on winning 
the 2000 M.H.S.A.A. Class A Boys Basketball Championship.

                          ____________________



   LATIN AMERICANS FOR SOCIAL AND ECONOMIC DEVELOPMENT, INC., ANNUAL 
                          RECOGNITION LUNCHEON

 Mr. ABRAHAM. Mr. President, I rise today to recognize Latin-
Americans for Social and Economic Development, Inc., a nonprofit, 
community based organization which has served Southwest Detroit area 
individuals and businesses with a variety of social and self-help 
services for the past thirty-one years. On May 2, 2000, LA SED will 
hold its annual Recognition Luncheon, an event which provides the 
organization the opportunity to acknowledge the efforts of outstanding 
Hispanic citizens of the Detroit community.
  It is appropriate that the theme of this year's luncheon is, ``21st 
Century: Hispanics Count in Detroit's Future.'' Since its founding in 
1969, LA SED has been instrumental in ensuring that Hispanic citizens 
play a large role in the Detroit community. And now, Mr. President, 
there is finally an excitement about the future of the city of Detroit 
that has not been evident for quite some time. There is a real feeling 
that the city's future is going to look brighter than the past. And 
groups like LA SED, who outwardly display their own optimism for the 
future of Detroit, and for the integral role that Hispanics can play, 
and have played, in this picture of success, are a large reason for the 
excitement.
  Mr. President, as Chairman of the Subcommittee on Immigration, it has 
been my pleasure to hold hearings on the positive contributions 
immigrants make to this country in areas such as science, the arts, and 
the armed forces. It was my pleasure to sponsor legislation awarding 
the Congressional Medal of Honor to Alfred Rascon, a Mexican immigrant 
who heroically saved the lives of men in his platoon during the Vietnam 
War. And though I have my critics, their unfounded attacks will have no 
impact on my defense of America's tradition as a nation of immigrants. 
Organizations like LA SED illustrate to me everyday that in this 
regard, I am doing the right thing.
  Mr. President, I extend my warmest regards and appreciation to Jane 
Garcia, chairperson of the luncheon, and also a wonderful friend whom I 
have had the pleasure of working with over the years. I would also like 
to acknowledge Mr. Anthony F. Early, President and C.E.O. of Detroit 
Edison, who will be the keynote speaker of the Recognition Luncheon. 
Finally, I thank everyone who is involved in making LA SED such a 
tremendous and effective organization. On behalf of the entire United 
States Senate, I wish LA SED continued success in the future.

                          ____________________



THE HUMAN RIGHTS DEPARTMENT OF THE CITY OF DETROIT RECEIVES 2000 GENDER 
               AND RACE DIVERSIFICATION EXCELLENCE AWARD

 Mr. ABRAHAM. Mr. President, on May 2, 2000, the Great Lakes 
Construction Alliance will hold its annual Gender and Race 
Diversification Excellence Awards dinner. Each year, the G.A.R.D.E. 
Awards are given to labor owners and contractor organizations which 
have made significant efforts in improving the recruitment and 
retention of women and people of color in the unionized construction 
industry. Each award winner has developed, or engaged in, some 
substantial program with the goal of furthering opportunities for women 
and people of color, which is one of the fundamental principles upon 
which the Great Lakes Construction Alliance was founded.
  Nominees are judged by a jury of construction industry 
representatives. To be considered for the G.A.R.D.E. Award, programs 
must show documentation, including numbers for minorities and women, of 
the number of people added to the organization's labor force, and 
promote quality, acceptable construction practices. Ultimately, the 
awards are given to those programs which have made the greatest efforts 
to improve the recruitment and retention of women and people of color 
in the unionized construction industry. The recipients of the 2000 
G.A.R.D.E. Awards are the Human Rights Department of the City of 
Detroit, the Great Detroit Building and Construction Trades Council, 
and the Comerica Park Construction Management Team.
  In 1998, the City of Detroit's Human rights Department, which is 
responsible for promoting and enforcing a construction workforce 
diversity program through its administration of Executive Order 22, 
recognized an increasing number of construction projects coupled with a 
shortage of qualified skilled trades people. Their solution to this 
problem was to implement a Construction Workforce Diversity Program, 
altering the monitoring guidelines of Executive Order 22. The new 
guidelines aim at maximizing the number of Detroit residents, 
minorities, and women in the construction industry while maintaining 
the quality of

[[Page 5911]]

the end product. They have achieved success in this regard through 
increased enrollment in pre-apprentice and apprentice programs; through 
the establishment of partnerships with residents, business leaders, 
trade associations, unions, and ecumenical community city agencies; 
through the development of an internal information network; and through 
the review and validation of certified payrolls, skilled trade reports 
and subcontractor reports.
  Mr. President, I applaud the efforts of the Human Rights Department 
to diversify the City of Detroit's workforce. Their efforts serve as a 
wonderful example to other agencies in Detroit and throughout the State 
of Michigan. On behalf of the entire United States Senate, I 
congratulate the Human Rights Department of the City of Detroit on 
receiving this year's Gender and Race Diversification Excellence 
Award.

                          ____________________



                      MESSAGES FROM THE PRESIDENT

  Messages from the President of the United States were communicated to 
the Senate by Mr. Williams, one of his secretaries.


                      executive messages referred

  As in executive session the Presiding Officer laid before the Senate 
messages from the President of the United States submitting sundry 
nominations which were referred to the appropriate committees.
  (The nominations received today are printed at the end of the Senate 
proceedings.)

                          ____________________



           MESSAGE FROM THE HOUSE RECEIVED DURING ADJOURNMENT


               enrolled bills and joint resolution signed

  Under the authority of the order of the Senate of January 6, 1999, 
the Secretary of the Senate, on April 18, 2000, during the adjournment 
of the Senate, received a message from the House of Representatives 
announcing that the acting Speaker (Mr. Wolf) has signed the following 
enrolled bills and joint resolution:

       H.R. 2863. An act to clarify the legal effect on the United 
     States of the acquisition of a parcel of land in the Red 
     Cliffs Desert Reserve in the State of Utah.
       H.R. 1615. An act to amend the Wild and Scenic Rivers Act 
     to extend the designation of a portion of the Lamprey River 
     in New Hampshire as a recreational river to include an 
     additional river segment.
       H.R. 3090. An act to amend the Alaska Native Claims 
     Settlement Act to restore certain lands to the Elim Native 
     Corporation, and for other purposes.
       H.R. 1231. An act to direct the Secretary of Agriculture to 
     convey certain National Forest lands to Elko County, Nevada, 
     for continued use as a cemetery.
       H.R. 1753. An act to provide the research, identification, 
     assessment, exploration, and development of methane hydrate 
     resources, and for other purposes.
       H.R. 3063. An act to amend the Mineral Leasing Act to 
     increase the maximum acreage of Federal leases for sodium 
     that may be held by an entity in any one State, and for other 
     purposes.
       H.R. 2862. An act to direct the Secretary of the Interior 
     to release reversionary interests held by the United States 
     in certain parcels of land in Washington County, Utah, to 
     facilitate an anticipated land exchange.
       H.R. 2368. An act to assist in the resettlement and 
     relocation of the people of Bikini Atoll by amending the 
     terms of the trust fund established during the United States 
     administration of the Trust Territory of the Pacific Islands.
       H.J. Res. 86. Joint resolution recognizing the 50th 
     anniversary of the Korean War and the service by members of 
     the Armed Forces during such war and for other purposes.

  Under the authority of the order of the Senate of January 6, 1999, 
the enrolled bills and joint resolution were signed subsequently by the 
President pro tempore (Mr. Thurmond) on April 20, 2000.

                          ____________________



                        ENROLLED BILLS PRESENTED

  The Secretary of the Senate reported on April 14, 2000, he had 
presented to the President of the United States, the following enrolled 
bill:

       S. 1287. An act to provide for the storage of spent nuclear 
     fuel pending completion of the nuclear waste repository, and 
     for other purposes.

  The Secretary of the Senate reported on April 20, 2000, he had 
presented to the President of the United States, the following enrolled 
bills:

       S. 1567. An act to designate the United States courthouse 
     located at 223 Broad Avenue in Albany, Georgia, as the ``C.B. 
     King United States Courthouse.''
       S. 1769. An act to exempt certain reports from automatic 
     elimination and sunset pursuant to the Federal Report 
     Elimination and Sunset Act of 1995, and for other purposes.

                          ____________________



                   EXECUTIVE AND OTHER COMMUNICATIONS

  The following communications were laid before the Senate, together 
with accompanying papers, reports, and documents, which were referred 
as indicated:

       EC-8524. A communication from the Secretary of 
     Transportation, transmitting a draft of proposed legislation 
     entitled ``Coast Guard Authorization Act of 2000''; to the 
     Committee on Commerce, Science, and Transportation.
       EC-8525. A communication from the Secretary of 
     Transportation, transmitting a draft of proposed legislation 
     relative to enhanced safety and environmental protection in 
     pipeline transportation, and for other purposes; to the 
     Committee on Commerce, Science, and Transportation.
       EC-8526. A communication from the Acting General Counsel, 
     Department of Defense, transmitting a draft of proposed 
     legislation relative to the Management of the DoD and the 
     transfer of naval vessels to foreign countries; to the 
     Committee on Armed Services.
       EC-8527. A communication from the General Counsel, 
     Department of Commerce, transmitting a draft of proposed 
     legislation entitled the ``National Oceanic and Atmospheric 
     Administration Fees Act of 2000''; to the Committee on 
     Commerce, Science, and Transportation.
       EC-8528. A communication from the Office of Personnel 
     Management, transmitting, pursuant to law, the report of a 
     rule entitled ``Repeal of Dual Compensation Reductions for 
     Military Retirees'' (RIN3206-AI92), received April 11, 2000; 
     to the Committee on Governmental Affairs.
       EC-8529. A communication from the Council of the District 
     of Columbia, transmitting, pursuant to law, a report on D.C. 
     Act 13-296, ``Tax Conformity Act of 2000''; to the Committee 
     on Governmental Affairs.
       EC-8530. A communication from the Council of the District 
     of Columbia, transmitting, pursuant to law, a report on D.C. 
     Act 13-302, ``Management Supervisory Service Exclusion 
     Amendment Act of 2000''; to the Committee on Governmental 
     Affairs.
       EC-8531. A communication from the Council of the District 
     of Columbia, transmitting, pursuant to law, a report on D.C. 
     Act 13-303, ``Limited Liability Company Amendment Act of 
     2000''; to the Committee on Governmental Affairs.
       EC-8532. A communication from the Council of the District 
     of Columbia, transmitting, pursuant to law, a report on D.C. 
     Act 13-304, ``Harry L. Thomas, Sr. Recreation Center 
     Designation Temporary Act of 2000''; to the Committee on 
     Governmental Affairs.
       EC-8533. A communication from the Council of the District 
     of Columbia, transmitting, pursuant to law, a report on D.C. 
     Act 13-301, ``Performance Rating Levels Amendment Act of 
     2000''; to the Committee on Governmental Affairs.
       EC-8534. A communication from the Council of the District 
     of Columbia, transmitting, pursuant to law, a report on D.C. 
     Act 13-313, ``Comprehensive Advisory Neighborhood Commissions 
     Reform Amendment Act of 2000''; to the Committee on 
     Governmental Affairs.
       EC-8535. A communication from the Council of the District 
     of Columbia, transmitting, pursuant to law, a report on D.C. 
     Act 13-300, ``Retail Service Station Amendment Act of 2000''; 
     to the Committee on Governmental Affairs.
       EC-8536. A communication from the Council of the District 
     of Columbia, transmitting, pursuant to law, a report on D.C. 
     Act 13-299, ``Fairness in Real Estate Transactions and 
     Retirement Funds Protection Amendment Act of 2000''; to the 
     Committee on Governmental Affairs.
       EC-8537. A communication from the Council of the District 
     of Columbia, transmitting, pursuant to law, a report on D.C. 
     Act 13-298, ``Tax Increment Financing Amendment Act of 
     2000''; to the Committee on Governmental Affairs.
       EC-8538. A communication from the Council of the District 
     of Columbia, transmitting, pursuant to law, a report on D.C. 
     Act 13-297, ``Assisted Living Residence Regulatory Act of 
     2000''; to the Committee on Governmental Affairs.
       EC-8539. A communication from the Office of Postsecondary 
     Educational, Department of Education, transmitting, pursuant 
     to law, the report of a rule entitled ``Final Regulations--
     Gaining Early Awareness and Readiness for Undergraduate 
     Programs (GEAR UP)'' (RIN1840-AC82), received April 20, 2000; 
     to the Committee on Health, Education, Labor, and Pensions.
       EC-8540. A communication from the Office of Legislative 
     Affairs, Department of State,

[[Page 5912]]

     transmitting, pursuant to the Arms Export Control Act, a 
     report relative to certification of a proposed license for 
     the export of defense articles or defense services sold 
     commercially under a contract in the amount of $50,000,000 or 
     more to Japan; to the Committee on Foreign Relations.
       EC-8541. A communication from the Office of Legislative 
     Affairs, Department of State, transmitting, pursuant to the 
     Arms Export Control Act, a report relative to certification 
     of a proposed license for the export of defense articles or 
     defense services sold commercially under a contract in the 
     amount of $50,000,000 or more to Japan; to the Committee on 
     Foreign Relations.
       EC-8542. A communication from the Office of Legislative 
     Affairs, Department of State, transmitting, pursuant to the 
     Arms Export Control Act, a report relative to certification 
     of a proposed license for the export of defense articles or 
     defense services sold commercially under a contract in the 
     amount of $50,000,000 or more to Egypt; to the Committee on 
     Foreign Relations.
       EC-8543. A communication from the Office of Legislative 
     Affairs, Department of State, transmitting, pursuant to the 
     Arms Export Control Act, a report relative to certification 
     of a proposed license for the export of defense articles or 
     defense services sold commercially under a contract in the 
     amount of $50,000,000 or more to Japan; to the Committee on 
     Foreign Relations.
       EC-8544. A communication from the Office of Legislative 
     Affairs, Department of State, transmitting, pursuant to the 
     Arms Export Control Act, a report relative to certification 
     of a proposed license for the export of defense articles or 
     defense services sold commercially under a contract in the 
     amount of $50,000,000 or more to Saudi Arabia; to the 
     Committee on Foreign Relations.
       EC-8545. A communication from the Office of Legislative 
     Affairs, Department of State, transmitting, pursuant to the 
     Arms Export Control Act, a report relative to certification 
     of a proposed license for the export of defense articles or 
     defense services sold commercially under a contract in the 
     amount of $50,000,000 or more to Germany, the Netherlands, 
     Norway, Denmark, France, Italy, United Kingdom, and the 
     European Space Agency; to the Committee on Foreign Relations.
       EC-8546. A communication from the Office of Legislative 
     Affairs, Department of State, transmitting, pursuant to the 
     Arms Export Control Act, a report relative to certification 
     of a proposed license for the export of defense articles or 
     defense services sold commercially under a contract in the 
     amount of $50,000,000 or more to Australia; to the Committee 
     on Foreign Relations.
       EC-8547. A communication from the Office of Legislative 
     Affairs, Department of State, transmitting, pursuant to the 
     Arms Export Control Act, a report relative to certification 
     of a proposed license for the export of defense articles or 
     defense services sold commercially under a contract in the 
     amount of $50,000,000 or more to French Guiana; to the 
     Committee on Foreign Relations.
       EC-8548. A communication from the Assistant Secretary, 
     Legislative Affairs, Department of State, transmitting, 
     pursuant to the Arms Export Control Act, a report relative to 
     certification of a proposed Manufacturing License Agreement 
     with Japan; to the Committee on Foreign Relations.
       EC-8549. A communication from the Office of Legislative 
     Affairs, Department of State, transmitting, pursuant to the 
     Foreign Operations Export Financing and Related Programs Act, 
     2000, a notification of our intent to obligate funds for 
     purposes of Nonproliferation and Disarmament Fund activities; 
     to the Committee on Foreign Relations.
       EC-8550. A communication from the Secretary of Labor 
     transmitting, pursuant to law, the report relative to the 
     processing of cases under the Uniformed Services Employment 
     and Reemployment Act; to the Committee on Veterans' Affairs.
       EC-8551. A communication from the Secretary of Housing and 
     Urban Development, transmitting, pursuant to law, the report 
     containing the plan of the Department to address each 
     material weakness, reportable condition and noncompliance 
     with an applicable law or regulation identified in the audit 
     of the Federal Housing Administration's fiscal year 1998 
     financial statements; to the Committee on Banking, Housing, 
     and Urban Affairs.
       EC-8552. A communication from the Office of Defense 
     Procurement, Department of Defense, transmitting, pursuant to 
     law, the report of a rule entitled ``Utilization of Indian 
     Organizations and Indian-Owned Economic Enterprises'' (DFARS 
     Case 99-D300), received April 12, 2000; to the Committee on 
     Armed Services.
       EC-8553. A communication from the Office of Defense 
     Procurement, Department of Defense, transmitting, pursuant to 
     law, the report of a rule entitled ``Manufacturing Technology 
     Program'' (DFARS Case 99-D302), received April 12, 2000; to 
     the Committee on Armed Services.
       EC-8554. A communication from the Office of Defense 
     Procurement, Department of Defense, transmitting, pursuant to 
     law, the report of a rule entitled ``Caribbean Basin 
     Countries'' (DFARS Case 2000-D006), received April 12, 2000; 
     to the Committee on Armed Services.
       EC-8555. A communication from the Office of Educational 
     Research and Improvement transmitting, pursuant to law, the 
     report of a rule entitled ``National Awards Program for 
     Effective Teacher preparation--Notice of Eligibility and 
     Selection Criteria'', received April 12, 2000; to the 
     Committee on Health, Education, Labor, and Pensions.
       EC-8556. A communication from the Regulations Unit, 
     Internal Revenue Service, Department of the Treasury, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Rev. Proc. 2000-14'', received April 13, 2000; to the 
     Committee on Finance.
       EC-8557. A communication from the Chief Justice of the 
     Supreme Court of the United States, transmitting, pursuant to 
     law, the amendments to the Federal Rules of Bankruptcy 
     Procedure that have been adopted by the Supreme Court; to the 
     Committee on the Judiciary.
       EC-8558. A communication from the Chief Justice of the 
     Supreme Court of the United States, transmitting, pursuant to 
     law, the amendments to the Federal Rules of Evidence that 
     have been adopted by the Supreme Court; to the Committee on 
     the Judiciary.
       EC-8559. A communication from the Chief Justice of the 
     Supreme Court of the United States, transmitting, pursuant to 
     law, the amendments to the Federal Rules of Civil Procedure 
     that have been adopted by the Supreme Court; to the Committee 
     on the Judiciary.
       EC-8560. A communication from the Chief Justice of the 
     Supreme Court of the United States, transmitting, pursuant to 
     law, the amendments to the Federal Rules of Criminal 
     Procedure that have been adopted by the Supreme Court; to the 
     Committee on the Judiciary.
       EC-8561. A communication from the Acting Secretary of the 
     Interior, transmitting a draft of proposed legislation 
     relative to waiver and indemnification in mutual law 
     enforcement agreements between the National Park Service and 
     a state or political subdivision; to the Committee on Energy 
     and Natural Resources.
       EC-8562. A communication from the Federal Energy Regulatory 
     Commission transmitting, pursuant to law, the report of a 
     rule entitled ``Regulations under the Outer Continental Shelf 
     Lands Act Governing the Movement of Natural Gas on Facilities 
     on the Outer Continental Shelf'' (Docket No. RM00-5-000, 
     Order No. 639), received April 19, 2000; to the Committee on 
     Energy and Natural Resources.
       EC-8563. A communication from the Royalty Management 
     Program, Minerals Management Service, Department of the 
     Interior transmitting, pursuant to law, a report of the 
     Department's intention to make refunds of offshore lease 
     revenues; to the Committee on Energy and Natural Resources.
       EC-8564. A communication from the National Capital Planning 
     Commission, transmitting, pursuant to law, the report of the 
     Office of Inspector General for fiscal year 1999; to the 
     Committee on Governmental Affairs.
       EC-8565. A communication from the National Science 
     Foundation, transmitting, pursuant to law, the fiscal year 
     2000 GPRA Performance Plan; to the Committee on Governmental 
     Affairs.
       EC-8566. A communication from the Postal Rate Commission 
     relative to proposed postal rate increases; to the Committee 
     on Governmental Affairs.
       EC-8567. A communication from the Auditor of the District 
     of Columbia, transmitting, pursuant to law, a report entitled 
     ``Analysis of the FY 2001 Proposed Revenue Forecast and FY 
     2000 Revised Revenue Forecast''; to the Committee on 
     Governmental Affairs.
       EC-8568. A communication from the U.S. Trade and 
     Development Agency submitting its annual audit for FY 1999; 
     to the Committee on Governmental Affairs.
       EC-8569. A communication from the Office of Personnel 
     Management, transmitting, pursuant to law, the report of a 
     rule entitled ``Retirement and Insurance--Automation and 
     Simplification of FERS Employee Record Keeping During an 
     Intra-Agency Transfer'' (RIN3206-AJ02), received April 19, 
     2000; to the Committee on Governmental Affairs.
       EC-8570. A communication from the Office of Personnel 
     Management, transmitting, pursuant to law, the report of a 
     rule entitled ``Full Consideration of Displaced Defense 
     Employees'' (RIN3206-AF36), received April 19, 2000; to the 
     Committee on Governmental Affairs.
       EC-8571. A communication from the Assistant Secretary of 
     Defense, Health Affairs, transmitting, pursuant to law, a 
     report relative to the scope of preventative health care 
     benefits provided to all eligible TRICARE beneficiaries; to 
     the Committee on Armed Services.
       EC-8572. A communication from the Under Secretary of 
     Defense, Personnel and Readiness transmitting, pursuant to 
     law, a report relative to the elimination of the backlog of 
     requests for the issuance or replacement of military 
     decorations; to the Committee on Armed Services.
       EC-8573. A communication from the Assistant Secretary of 
     Defense, Force Management

[[Page 5913]]

     Policy, transmitting, pursuant to law, a report relative to 
     the pricing of tobacco products sold in military exchanges 
     and commissary stores; to the Committee on Armed Services.
       EC-8574. A communication from the Under Secretary of 
     Defense, Acquisition and Technology, transmitting, pursuant 
     to law, a report on the review of profit guidelines in the 
     Defense Federal Acquisition Regulation Supplement; to the 
     Committee on Armed Services.
       EC-8575. A communication from the Under Secretary of 
     Defense, Acquisition, Technology and Logistics transmitting, 
     pursuant to law, a report relative to the proposed amount of 
     staff-years of technical effort to be funded by the DoD for 
     each federally funded research and development center for 
     fiscal year 2001; to the Committee on Armed Services.
       EC-8576. A communication from the Reserve Forces Policy 
     Board, Department of Defense transmitting a report relative 
     to the Anthrax Vaccination Program for the Total Force; to 
     the Committee on Armed Services.
       EC-8577. A communication from the Office of Defense 
     Procurement, Department of Defense, transmitting, pursuant to 
     law, the report of a rule entitled ``Foreign Acquisition'' 
     (DFARS Case 98-D028), received April 19, 2000; to the 
     Committee on Armed Services.
       EC-8578. A communication from the Office of Regulations 
     Management, Department of Veterans Affairs, transmitting, 
     pursuant to law, the report of a rule entitled ``Modified 
     Eligibility Criteria for the Montgomery GI Bill-Active Duty'' 
     (RIN2900-AJ69), received April 19, 2000; to the Committee on 
     Veteran's Affairs.
       EC-8579. A communication from the Indian Health Service, 
     Department of Health and Human Services transmitting, 
     pursuant to law, the report of a rule entitled ``Currently 
     Effective Indian Health Service Eligibility Regulations'' 
     (RIN0917-AA03), received April 19, 2000; to the Committee on 
     Indian Affairs.
       EC-8580. A communication from the Under Secretary of 
     Defense, Comptroller transmitting, pursuant to law, the 
     report of a violation of the Antideficiency Act at Kadena Air 
     Base, Okinawa; to the Committee on Appropriations.
       EC-8581. A communication from the Office of Management and 
     Budget, Executive Office of the President, transmitting, 
     pursuant to law, a report of Pay-As-You-Go Calculations; to 
     the Committee on the Budget.
       EC-8582. A communication from the Immigration and 
     Naturalization Service, Department of Justice transmitting, 
     pursuant to law, the report of a rule entitled ``Adjustment 
     of Status for Certain Polish and Hungarian Parolees'' 
     (RIN1115-AE25), received April 24, 2000; to the Committee on 
     the Judiciary.

                          ____________________



                        PETITIONS AND MEMORIALS

  The following petitions and memorials were laid before the Senate and 
were referred or ordered to lie on the table as indicated:

       POM-455. A joint resolution adopted by the Legislature of 
     the State of Wisconsin relative to the Federal Meat 
     Inspection Act and the Federal Poultry Products Inspection 
     Act; to the Committee on Agriculture, Nutrition, and 
     Forestry.

                       Senate Joint Resolution 13

       Whereas, currently, federal law prohibits cattle, sheep, 
     swine, goat, chicken, turkey, duck, goose and guinea fowl 
     products that are inspected under state meat inspection 
     programs from being shipped across state lines, while federal 
     law allows state-inspected ostrich, venison, buffalo and 
     pheasant to be shipped across state lines; and
       Whereas, foreign meat products may be shipped freely among 
     the states; and
       Whereas, Wisconsin has 300 state-inspected plants, none of 
     which is allowed to market products in interstate commerce 
     due to an outdated federal law; and
       Whereas, Wisconsin and the United States are currently 
     suffering from a hog market crisis, including a closure of 
     packing facilities and a reduction in slaughter activity, due 
     in part to these outdated interstate restrictions; and
       Whereas, the Federal Meat Inspection Act and the Federal 
     Poultry Products Inspection Act are restricting the 
     opportunity for these small plants to expand their markets 
     across state lines, provide additional slaughter capacity for 
     pork producers and increase the demand for their products; 
     now, therefore, be it
       Resolved by the senate, the assembly concurring, That the 
     members of the Wisconsin legislature request Congress to 
     address problems in the meat-processing industry concerning 
     packing, processing and marketing capacities; and, be it 
     further
       Resolved, That the members of the Wisconsin legislature 
     request Congress to amend the Federal Meat Inspection Act and 
     the Federal Poultry Products Inspection Act to allow for 
     interstate shipment of all state-inspected meats; and, be it 
     further
       Resolved, That the senate chief clerk shall provide copies 
     of this joint resolution to the President of the Senate and 
     the Speaker of the House of Representatives of the United 
     States and to each of the senators and representatives from 
     Wisconsin.

       POM-456. A joint resolution adopted by the Legislature of 
     the State of Tennessee relative to ethnicity categories for 
     educational data reporting; to the Committee on Health, 
     Education, Labor, and Pensions.

                     Senate Joint Resolution No. 71

       Be it resolved by the senate of the one hundred first 
     General Assembly of the State of Tennessee, the house of 
     representatives concurring, That this General Assembly hereby 
     memorializes the United States Congress to study the need to 
     increase the number and specificity of ethnicity categories 
     used for the reporting of educational data.
       Be it further resolved, That an enrolled copy of this 
     resolution be transmitted to the President and the Secretary 
     of the U.S. Senate, the Speaker and the Clerk of the U.S. 
     House of Representatives and the each member of Tennessee's 
     Congressional Delegation.
                                  ____

       POM-457. A joint resolution adopted by the Legislature of 
     the Commonwealth of Virginia relative to the proposed ``Keep 
     Our Promise to Military Retirees Act''; to the Committee on 
     Armed Services.

                     Senate Joint Resolution No. 35

       Whereas, millions of men and women of the uniformed 
     services have served with honor, valor, and courage in 
     protecting our nation's freedom and peace; and
       Whereas, many recruited for the uniformed services prior to 
     1956 were reportedly promised free lifetime health care upon 
     retirement if they served for 20 years or more in the 
     service, although no health care statute existed; and
       Whereas, in 1956, the Dependent Medical Care Act was 
     passed, entitling those who entered the service on or after 
     June 7, 1956, and retired with a minimum of 20 years of 
     service, to medical and dental care in any medical facility 
     of the uniformed services, subject to the availability of 
     space and facilities, and capabilities of the medical staff; 
     and
       Whereas, the Military Medical Benefits Amendments of 1966 
     created the Civilian Health and Medical Program of the 
     Uniformed Services (CHAMPUS), the first fee-based program for 
     military health care recipients that included treatment by 
     civilian providers; and
       Whereas, the 1966 amendments further stipulated that any 
     person entitled to hospital insurance benefits under Title I 
     of the Social Security Amendment of 1965 would not be 
     eligible for CHAMPUS benefits; and
       Whereas, provider choice became more limited after the 
     passage of the Defense Appropriations Act for Fiscal Year 
     1991, which lowered the CHAMPUS reimbursement rate to the 
     level of Medicare, leading to the exodus of many physicians 
     from the CHAMPUS program; and
       Whereas, the Defense Authorization Acts of Fiscal Year 1994 
     and Fiscal Year 1995 created a Health Maintenance 
     Organization model (TRICARE) as an option for military health 
     care and imposed enrollment fees for military managed care 
     plans; and
       Whereas, a series of recent base closures between 1988 and 
     1995 and further drawdowns of remaining military medical 
     treatment facilities has made access to health care in 
     military medical treatment facilities extremely difficult for 
     many military retirees; and
       Whereas, CHAMPUS and the TRICARE managed care programs that 
     have evolved from CHAMPUS do not provide the adequate health 
     care promised to military retirees and are inferior to care 
     available to other federal retirees; and
       Whereas, on September 28, 1999, H.R. 2966, ``The Keep Our 
     Promise to America's Military Retirees Act,'' was introduced 
     to provide all Medicare-eligible military retirees the 
     opportunity and option to either enroll in the Federal 
     Employees Health Benefits Program (FEHBP-65) or remain in 
     TRICARE past age 65; and
       Whereas, a key component of the legislation would make 
     military retirees who entered the service prior to CHAMPUS 
     eligible for health care under the Federal Employee Health 
     Benefits Program, with the government paying the full cost of 
     enrollment; and
       Whereas, restoring adequate health care coverage to 
     military retirees is long overdue; now, therefore, be it
       Resolved by the Senate, the House of Delegates concurring, 
     That the Congress of the United States be urged to enact 
     ``The Keep Our Promise to America's Military Retirees Act''; 
     and, be it
       Resolved further, That the Clerk of the Senate transmit 
     copies of the resolution to the Speaker of the House of 
     Representatives, the President of the United States Senate, 
     and the members of the Congressional Delegation of Virginia 
     in order that they may be apprised of the sense of the 
     General Assembly of Virginia in this matter.
                                  ____

       POM-458. A joint resolution adopted by the Legislature of 
     the Commonwealth of Virginia relative to the selection of 
     Fort Belvoir as the site of the United States Army Museum; to 
     the Committee on Armed Services.

                     Senate Joint Resolution No. 92

       Whereas, the Department of the Army has been granted 
     approval by the Congress to establish a national United 
     States Army Museum; and

[[Page 5914]]

       Whereas, among the sites being considered for the United 
     States Army Museum is Fort Belvoir, Virginia; and
       Whereas, located near the nation's capitol, with its wealth 
     of historic sites, Fort Belvoir would prove a worthy addition 
     to the Washington area's attractions; and
       Whereas, Northern Virginia is home to many sites of 
     military and historic significance, among them Arlington 
     Memorial Cemetery and the Iwo Jima Memorial; and
       Whereas, the home of the nation's first commander-in-chief, 
     George Washington, lies almost adjacent to Fort Belvoir at 
     Mount Vernon; and
       Whereas, many residents of Northern Virginia are collectors 
     of military memorabilia dating back to the American 
     Revolution, and their willingness to lend such material to 
     the Army Museum would be enhanced by its proximity to their 
     homes; and
       Whereas, the United States Army Museum would prove an asset 
     to the Northern Virginia area, and a Fort Belvoir location 
     would make the museum a convenient stop for the many 
     Americans interested in the nation's military history; now, 
     therefore, be it
       Resolved by the Senate, the House of Delegates concurring, 
     That the General Assembly hereby respectfully request that 
     Fort Belvoir be given favorable consideration as the site of 
     the United States Army Museum; and, be it
       Resolved further, That the Clerk of the Senate transmit 
     copies of this resolution to the Secretary of the Army, the 
     Speaker of the United States House of Representatives, the 
     President of the United States Senate, and the members of the 
     Virginia Congressional delegation so that they may be 
     apprised of the sense of the General Assembly of Virginia.
                                  ____

       POM-459. A joint resolution adopted by the Legislature of 
     the State of Maine relative to the Republic of Cyprus; to the 
     Committee on Foreign Relations.

                            Joint Resolution

       Whereas, this year marks the 26th anniversary of the 
     Turkish invasion and occupation of Cyprus; and
       Whereas, the Republic of Cyprus has been divided and 
     occupied by foreign forces since 1974 in violation of United 
     Nations resolutions; and
       Whereas, the international community and the United States 
     government have repeatedly called for the speedy withdrawal 
     of all foreign forces from the territory of Cyprus; and
       Whereas, there are internationally acceptable means to 
     resolve the situation in Cyprus, including the 
     demilitarization of Cyprus and the establishment of a 
     multinational force to ensure the security of both 
     communities in Cyprus; and
       Whereas, a peaceful, just and lasting solution to the 
     Cyprus problem would greatly benefit the security and the 
     political, economic and social well-being of all Cypriots and 
     contribute to improved relations between Greece and Turkey; 
     and
       Whereas, the United Nations has repeatedly stated the 
     parameters for such a solution, most recently in United 
     Nations Security Council Resolution 1217, adopted on December 
     22, 1998 with United States support; and
       Whereas, United Nations Security Council Resolution 1218, 
     adopted on December 22, 1998, calls for a reduction of 
     tensions in the island through a staged process aimed at 
     limiting and then substantially reducing the level of all 
     troops and armaments in Cyprus, ultimately leading to the 
     demilitarization of the Republic of Cyprus; and
       Whereas, President Clinton wholeheartedly supported 
     resolution 1218 and committed himself to taking all necessary 
     steps to support a sustained effort to implement it; now, 
     therefore, be it
       Resolved: That We, your Memorialists, hereby endorse 
     President Clinton's commitment to undertake significant 
     efforts in order to promote substantial progress towards a 
     solution of the Cyprus problem in 2000; and be it further
       Resolved: That suitable copies of this resolution, duly 
     authenticated by the Secretary of State, be transmitted to 
     the President of the Senate and the Speaker of the House of 
     Representatives of the Congress of the United States and to 
     each Member of the Maine Congressional Delegation.
                                  ____

       POM-460. A resolution adopted by the City Council of the 
     City of Cape May, New Jersey relative to the dumping of 
     contaminated dredge materials in the Atlantic Ocean; to the 
     Committee on Environmental and Public Works.
       POM-461. A resolution adopted by the Town Council of the 
     Town of Haysi, Virginia relative to the proposed construction 
     of a dam and reservoir in the area; to the Committee on 
     Appropriations.

                          ____________________



           REPORTS OF COMMITTEES RECEIVED DURING ADJOURNMENT

  Under the authority of the order of the Senate of April 13, 2000, the 
following reports of committees were submitted on April 20, 2000:

       By Mr. HELMS, from the Committee on Foreign Relations, with 
     an amendment in the nature of a substitute:
       H.R. 3707: A bill to authorize funds for the site selection 
     and construction of a facility in Taipei Taiwan suitable for 
     the mission of the American Institute in Taiwan.
       By Mr. HELMS, from the Committee on Foreign Relations, 
     without amendment and with an amended preamble:
       S. Res. 271: A resolution regarding the human rights 
     situation in the People's Republic of China.

                          ____________________



                          REPORT OF COMMITTEE

  The following report of committee was submitted:

       By Mr. MURKOWSKI, from the Committee on Energy and Natural 
     Resources, with an amendment in the nature of a substitute:
       S. 1608: A bill to provide annual payments to the States 
     and counties from National Forest System lands managed by the 
     Forest Service, and the revested Oregon and California 
     Railroad and reconveyed Coos Bay Wagon Road grant lands 
     managed predominately by the Bureau of Land Management, for 
     use by the counties in which the lands are situated for the 
     benefit of the public schools, roads, emergency and other 
     public purposes; to encourage and provide new mechanism for 
     cooperation between counties and the Forest Service and the 
     Bureau of Land Management to make necessary investments in 
     federal lands, and reaffirm the positive connection between 
     Federal Lands counties and Federal Lands; and for other 
     purposes (Rept. No. 106-275).

                          ____________________



              INTRODUCTION OF BILLS AND JOINT RESOLUTIONS

  The following bills and joint resolutions were introduced, read the 
first and second times by unanimous consent, and referred as indicated:

           By Ms. SNOWE:
       S. 2455. A bill to enhance Department of Education efforts 
     to facilitate the involvement of small business owners in 
     State and local initiatives to improve education; to the 
     Committee on Health, Education, Labor, and Pensions.
           By Ms. LANDRIEU:
       S. 2456. A bill to amend the Internal Revenue Code of 1986 
     to expand the adoption credit to provide assistance to 
     adoptive parents of special needs children, and for other 
     purposes; to the Committee on Finance.
           By Ms. SNOWE:
       S. 2457. A bill to amend section 2667 of title 10, United 
     States Code, to permit receipt of in-kind consideration 
     anywhere on an installation for the lease of property on the 
     installation, and for other purposes; to the Committee on 
     Armed Services.
           By Mr. FEINGOLD (for himself and Mr. Kohl):
       S. 2458. A bill to designate the facility of the United 
     States Postal Service located at 1818 Milton Avenue in 
     Janesville, Wisconsin, as the ``Les Aspin Post Office 
     Building''; to the Committee on Governmental Affairs.
           By Mr. COVERDELL (for himself, Mr. Lott, Mr. McCain, 
             Mr. Thurmond, Mr. Stevens, Mr. Helms, Mr. Warner, Mr. 
             Murkowski, Mr. Jeffords, Mr. McConnell, Mr. Hatch, 
             Mr. Lugar, Ms. Collins, Mr. Hutchinson, Mr. Crapo, 
             Mr. DeWine, Mr. Ashcroft, Mr. Inhofe, Mr. Burns, Mr . 
             Sessions, Mr. Kyl, Mr. Grams, Mr. Mack, Mr. Craig, 
             Mr. Shelby, Mr. Fitzgerald, Mr. Abraham, Mr. Enzi, 
             Mr. Grassley, Mr. Hagel, Mr. Domenici, Mr. Smith of 
             New Hampshire, Ms. Snowe, Mr. Santorum, Mr. Gorton, 
             and Mrs. Hutchison):
       S. 2459. A bill to provide for the award of a gold medal on 
     behalf of the Congress to former President Ronald Reagan and 
     his wife Nancy Reagan in recognition of their service to the 
     Nation; to the Committee on Banking, Housing, and Urban 
     Affairs.
           By Mr. FEINGOLD:
       S. 2460. A bill to authorize the payment of rewards to 
     individuals furnishing information relating to persons 
     subject to indictment for serious violations of international 
     humanitarian law in Rwanda, and for other purposes; to the 
     Committee on Foreign Relations.
           By Mr. GORTON:
       S. 2461. A bill to suspend temporarily the duty on certain 
     ceramic knives; to the Committee on Finance.
           By Ms. LANDRIEU (for herself and Mr. Breaux):
       S. 2462. A bill to provide for the establishment of the Cat 
     Island National Wildlife Refuge in West Feliciana Parish, 
     Louisiana; to the Committee on Environment and Public Works.

                          ____________________


[[Page 5915]]

            SUBMISSION OF CONCURRENT AND SENATE RESOLUTIONS

  The following concurrent resolutions and Senate resolutions were 
read, and referred (or acted upon), as indicated:

           By Mr. ABRAHAM (for himself and Mr. McCain):



       S. Res. 294. A resolution designating the month of October 
     2000 as ``Children's Internet Safety Month''; to the 
     Committee on the Judiciary.
           By Mr. LIEBERMAN (for himself, Mr. Daschle, Ms. 
             Mikulski, Mr. Schumer, Mrs. Boxer, Mr. Kohl, Mr. 
             Dodd, Mr. Kerry, Mr. Reed, Mr. Bayh, Mr. Harkin, Mr. 
             Lautenberg, Mr. Reid, Mr. Torricelli, Mr. Johnson, 
             Mr. Breaux, Mr. Wellstone, Mr. Bryan, Mr. Kennedy, 
             Mr. Robb, Mr. Graham, Mr. Wyden, Mr. Akaka, Mrs. 
             Feinstein, Mr. Edwards, Mr. Moynihan, Mr. Sarbanes, 
             and Mr. Leahy):
       S. Res. 295. A resolution expressing the sense of the 
     Senate that the carrying of firearms into places of worship 
     or educational and scholastic settings should be prohibited; 
     to the Committee on the Judiciary.
           By Mr. GRAHAM (for himself, Mr. Akaka, Mr. Crapo, Mr. 
             Byrd, Mr. Specter, Mr. Conrad, Mr. Thurmond, Mr. 
             Dorgan, Mr. Voinovich, Mr. Durbin, Mr. Bond, Mr. 
             Edwards, Mr. Craig, Mr. Kohl, Mr. Warner, Mr. 
             Rockefeller, Mr. Abraham, Mr. Sarbanes, Mr. Enzi, Mr. 
             Kerry, Mr. Lugar, Mr. Smith of Oregon, Mr. Cleland, 
             Mr. Cochran, Mr. Bingaman, Ms. Landrieu, Mr. Grams, 
             Mr. Bayh, Mr. Mack, Mr. Bryan, Mr. Reid, Mr. Johnson, 
             Mrs. Lincoln, Mrs. Murray, Mrs. Feinstein, Mr. 
             Lieberman, Mrs. Boxer, and Mr. Wellstone):
       S. Res. 296. A resolution designating the first Sunday in 
     June of each calendar year as ``National Child's Day''; to 
     the Committee on the Judiciary.

                          ____________________



          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Ms. SNOWE:
  S. 2455. A bill to enhance Department of Education efforts to 
facilitate the involvement of small business owners in State and local 
initiatives to improve education; to the Committee on Health, 
Education, Labor, and Pensions.


    small business employment and education enhancement act of 2000

  Ms. SNOWE. Mr. President, I rise to introduce legislation, the Small 
Business Employment and Education Act of 2000, which is designed to 
enhance federal efforts to facilitate the involvement of small business 
owners and entrepreneurs in state and local initiatives to improve the 
quality of education programs for our young people.
  Mr. President, last year, the Small Business Committee, of which I am 
a member, held a hearing on the challenges facing the small business 
community as a result of the failure of many of our educational 
institutions to teach students the basic skills that are necessary to 
succeed in today's work environment. The committee heard testimony from 
a number of small businesses and organizations about this growing 
problem.
  And just how big is the problem? A 1999 American Management 
Association survey on workplace testing found that approximately 36 
percent of employees tested for basic skills were found to be deficient 
in these skills, and small businesses reported deficiency rates well 
above the national average. Sixty percent of AMA-member companies 
reported that the availability of skilled manpower was scarce, and 67 
percent believe that the shortages will continue.
  A 1999 NFIB report found that 18 percent of NFIB members report that 
finding qualified labor is the single most important problem facing 
their business today.
  Likewise, a 1999 poll of U.S. Chambers of Commerce found that 83 
percent reported the ability--or lack thereof--to find qualified 
workers was among their biggest concerns, and 53 percent said education 
is the single most pressing public policy issue to them.
  This information clearly illustrates that the business community, and 
small businesses in particular, have an important stake in the 
education of our youth. One of the most fundamental needs that any 
growing business faces is the need for employees with basic skills, and 
concerns have been expressed by the small business community that many 
students are not graduating with the basic skills in reading, writing, 
mathematics, and science--skills that need to succeed in today's 
workplace or become the entrepreneurs of tomorrow.
  The fact of the matter is, Mr. President, the growth of high-skilled 
jobs is outpacing growth in all other fields. We must not allow basic 
skills to slip away if we are to remain competitive in an increasingly 
aggressive and technology-based global market.
  Small business is the driving force behind our economy, and as we 
authorize the Elementary and Secondary Education Act, we must take into 
account the needs of businesses, and small businesses in particular. To 
that end, locally-driven initiatives are crucial. In order to create 
jobs, we must encourage small business expansion and foster small 
business entrepreneurship, and I believe that education initiatives are 
key to this.
  Under the Small Business Employment and Education Enhancement Act, 
the Department of Education would disseminate information and 
facilitate the sharing of information designed to assist small 
businesses in working with school systems to improve our education 
institutions. For example, the agency would publish guidance materials, 
best practices, checklists and other materials on the World Wide Web, 
in Department of Education publications and articles, letters, links to 
related World Wide Web sites, public service announcements, and through 
other means at the Department's disposal.
  The Department of Education would establish a centralized database of 
materials and act as a clearinghouse for information on initiatives 
that have proven successful.
  The Secretary of the Department of Education would also establish an 
Office of Small Business Education to promote efforts to address the 
needs of small businesses through education programs. This division 
would work to remove any existing impediments to partnerships between 
school systems and small businesses, and propose solutions to 
education-related problems facing small businesses.
  The goal of the bill I am introducing today is to facilitate 
partnerships between communities and businesses. I believe it should be 
easy for communities that are interested in designing business/school 
partnerships to get the information they need on how to do so. With 
access to kinds of sources envisioned in this legislation, communities 
would be able to model a program after a proven approach.
  In addition, my bill authorizes technical assistance to be 
administered by the Office of Small Business Education to be used to 
provide guidance to small businesses, small business organizations, 
schools systems, and communities working cooperatively to enhance the 
teaching of basic skills.
  The bill would also establish tax credits to encourage companies to 
provide work study, internship, or fellowship opportunities for 
students and teachers.
  Finally, the bill includes a provision directing the Department of 
Education to conduct a study and report to Congress on the challenges 
facing small businesses in obtaining workers with adequate skills; an 
assessment of the impact on small businesses of the skills shortage; 
the costs to small businesses associated with this shortage; and the 
recommendations for the Secretary on how to address these challenges.
  Mr. President, I hope this legislation will provide a foundation for 
cooperative initiatives between small businesses and school systems, 
and I look forward to working with the Senate Health, Education, Labor, 
and Pensions Committee and others as we prepare to reauthorize the 
elementary and secondary education act.
                                 ______
                                 
      By Mr. FEINGOLD (for himself and Mr. Kohl):
  S. 2458. A bill to designate the facility of the Unites States Postal 
Service located at 1818 Milton Avenue in Janesville, Wisconsin, as the 
``Les Aspin Post Office Building''; to the Committee on Governmental 
Affairs.


  legislation naming the janesville post office in memory of les aspin

  Mr. FEINGOLD. Mr. President, today I am introducing legislation to 
rename the United States Post Office in my home town of Janesville, 
Wisconsin in honor of Les Aspin. I am joined by my colleague from 
Wisconsin, Senator

[[Page 5916]]

Kohl. This bill is a companion to legislation introduced in the House 
by Congressman Paul Ryan, who represents the First District of 
Wisconsin, which includes Janesville.
  This year marks the thirtieth anniversary of Les' first campaign for 
the First Congressional District seat in Wisconsin. I was a junior at 
Janesville Craig High School at the time, and I signed up as a 
volunteer on Les' campaign. He won that election after a tough recount 
in the primary, defeating the incumbent Congressman.
  Following the campaign, I interned in his district office in 
Janesville during the summers of 1971 and in 1972. I am proud to say 
that during the next 25 years, Les and I had a continuing friendship, 
as he carved out a distinguished career in the United States House of 
Representatives, eventually rising to become the Chairman of the Armed 
Services Committee, while I prepared for and began my own career.
  Les Aspin served his country ably in many capacities. As an Army 
captain, he worked as an analyst in the Pentagon; he served on the 
staff of President John F. Kennedy's Council of Economic Advisors; he 
represented Wisconsinites for 22 years in Congress; he enthusiastically 
took on the giant task of steering the Defense Department into the 
uncharted waters of the post-Cold War era. Mr. Aspin served as 
Secretary of Defense under President Clinton and, at the time of his 
death in 1995, he was the chair of the President's Foreign Intelligence 
Advisory Board, working on needed reforms in our intelligence 
communities.
  Mr. President, Les Aspin was a man I deeply respected and admired, 
and I felt a profound sense of loss at his passing. Renaming the 
Janesville post office in his honor is a fitting way to remember a man 
who spent his life serving the people of Wisconsin and of the United 
States. I hope my colleagues will support this legislation.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2458

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. DESIGNATION OF LES ASPIN POST OFFICE BUILDING.

       (a) Designation.--The facility of the United States Postal 
     Service located at 1818 Milton Avenue in Janesville, 
     Wisconsin, shall be known and designated as the ``Les Aspin 
     Post Office Building''.
       (b) References.--Any reference in a law, map, regulation, 
     document, paper, or other record of the United States to the 
     facility referred to in subsection (a) shall be deemed to be 
     a reference to the ``Les Aspin Post Office Building''.

  Mr. KOHL. Mr. President, I am pleased to join my colleagues from 
Wisconsin in introducing this legislation to honor the memory of Les 
Aspin. Long before I entered politics, Les Aspin was a good friend of 
mine. I had the good fortune to serve with Les Aspin in Congress and to 
work with him when he served as Secretary of Defense. Les Aspin was 
truly dedicated to public service. He was genuinely challenged by the 
policy making process, and he was not hesitant in bringing his great 
intellectual gifts to bear on the problems of our time. He was a master 
of the Sunday morning talk shows, expounding on the issues of the day 
with his trenchant analyses. As chairman of the House Armed Services 
Committee, Les Aspin was one of the most influential voices on U.S. 
defense policy.
  His ascension to the chairmanship of the House Armed Services 
Committee was not without rancor, but even those who disagreed with Les 
respected his verve and determination.
  When we lost Les Aspin, we lost a man of great vision. He was one of 
the few who realized that we needed a completely new way of thinking 
about national security policy in the post-cold-war era. He had the 
capacity to think through the difficult issues involved in developing 
such a policy. And, he was unrelenting in making us deal with those 
issues.
  Even though Les Aspin became a powerful national figure, he never 
forgot his roots. Les represented the 1st Congressional District for 22 
years and he cared deeply about the people of his district. He was 
aggressive in pursuing projects that would benefit the people of 
Wisconsin and he left no stone unturned in helping resolve constituent 
problems. He especially recognized the importance of reliable postal 
service in small and big towns alike. He was known to become personally 
involved in responding to complaints from constituents about postal 
service, often attending meetings across the district on postal issues. 
Les became intimately involved when the Janesville Postal Office was 
moved from downtown, working to ensure that service was retained for 
all, especially small businesses and other postal patrons who relied on 
the downtown post office. Thus, naming the Janesville Post Office after 
Les Aspin is a most fitting tribute to his many years of service to the 
people of the First Congressional District.
  I urge my colleagues to support this legislation and hope for its 
speedy passage.
                                 ______
                                 
      By Mr. COVERDELL (for himself, Mr. Lott, Mr. McCain, Mr. 
        Thurmond, Mr. Stevens, Mr. Helms, Mr. Warner, Mr. Murkowski, 
        Mr. Jeffords, Mr. McConnell, Mr. Hatch, Mr. Lugar, Ms. Collins, 
        Mr. Hutchinson, Mr. Crapo, Mr. DeWine, Mr. Ashcroft, Mr. 
        Inhofe, Mr. Burns, Mr. Sessions, Mr. Kyl, Mr. Grams, Mr. Mack, 
        Mr. Craig, Mr. Shelby, Mr. Fitzgerald, Mr. Abraham, Mr. Enzi, 
        Mr. Grassley, Mr. Hagel, Mr. Domenici, Mr. Smith of New 
        Hampshire, Ms. Snowe, Mr. Santorum, Mr. Gorton, and Mrs. 
        Hutchison):
  S. 2459. A bill to provide for the award of a gold medal on behalf of 
the Congress to former President Ronald Reagan and his wife Nancy 
Reagan in recognition of their service to the Nation; to the Committee 
on Banking, Housing, and Urban Affairs.


                  the reagan congressional gold medal

  Mr. COVERDELL. Mr. President, it is with a deep sense of honor that I 
rise today to introduce legislation awarding former President and Mrs. 
Ronald Reagan the Congressional Gold Medal. Very few Americans have had 
as profound an impact upon this Nation and the world as this remarkable 
couple have.
  In his eight years in office, President Reagan restored American's 
sense of pride and set us squarely on the course of prosperity we still 
enjoy today. He was instrumental in the collapse of the Soviet Empire 
that brought an end to the Cold War. Who could forget his ringing 
challenge from Berlin's Bradenburg Gate, ``Mr. Gorbachev, tear down 
this Wall!'' By 1989, to the amazement of the world, Germany was 
unified, and the Wall became a memory. Reagan's character, wit, and 
eloquence as the ``Great Communicator'' brought honor to the Office of 
the President and endeared him to us all.
  As First Lady, Nancy Reagan's contributions were equally significant 
in their own right. She not only bestowed elegance and grace upon the 
White House, but she also brought critical leadership to righting the 
scourge of illegal drugs. Tirelessly encouraging our Nation's youth to 
``Just Say No,'' Mrs. Reagan was instrumental in successfully reducing 
the rate of illegal drug use among our children.
  The Reagans have continued to inspire us even after their years in 
the White House. President and Nancy Reagan have confronted his 
Alzheimer's disease with the same dignity and bravery they displayed in 
office. Their fight inspires hope in millions of Americans who also 
must struggle with this disease. Our thoughts and best wishes for them 
are constant.
  The leadership and dedication that President and Mrs. Reagan provided 
this Nation will undeniably endure throughout the course of human 
events. It is now time for a grateful people and Nation to say, ``Thank 
you.'' I am very appreciative of my many colleagues who join me today 
in sponsoring this legislation and invite others to join us in honoring 
President and Nancy Reagan.

[[Page 5917]]

  Mr. President, I ask unanimous consent that a copy of this bill be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2459

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. FINDINGS.

       The Congress finds the following:
       (1) Both former President Ronald Reagan and his wife Nancy 
     Reagan have distinguished records of public service to the 
     United States, the American people, and the international 
     community.
       (2) As President, Ronald Reagan restored ``the great, 
     confident roar of American progress, growth, and optimism'', 
     a pledge which he made before being elected to office.
       (3) President Ronald Reagan's leadership was instrumental 
     in uniting a divided world by bringing about an end to the 
     cold war.
       (4) The United States enjoyed sustained economic prosperity 
     and employment growth during Ronald Reagan's presidency.
       (5) President Ronald Reagan's wife Nancy not only served as 
     a gracious First Lady but also as a proponent for preventing 
     alcohol and drug use among the Nation's youth by championing 
     the ``Just Say No'' campaign.
       (6) Together, Ronald and Nancy Reagan dedicated their lives 
     to promoting national pride and to bettering the quality of 
     life in the United States and throughout the world.

     SEC. 2. CONGRESSIONAL GOLD MEDAL.

       (a) Presentation Authorized.--The Speaker of the House of 
     Representatives and the President Pro Tempore of the Senate 
     shall make appropriate arrangements for the presentation, on 
     behalf of the Congress, of a gold medal of appropriate design 
     to former President Ronald Reagan and his wife Nancy Reagan 
     in recognition of their service to the Nation.
       (b) Design and Striking.--For the purpose of the 
     presentation referred to in subsection (a), the Secretary of 
     the Treasury (in this Act referred to as the ``Secretary'') 
     shall strike a gold medal with suitable emblems, devices, and 
     inscriptions, to be determined by the Secretary.

     SEC. 3. DUPLICATE MEDALS.

       Under such regulations as the Secretary may prescribe, the 
     Secretary may strike and sell duplicates in bronze of the 
     gold medal struck pursuant to section 2 at a price sufficient 
     to cover the costs of the medals (including labor, materials, 
     dies, use of machinery, and overhead expenses) and the cost 
     of the gold medal.

     SEC. 4. NATIONAL MEDALS.

       The medals struck under this Act are national medals for 
     purposes of chapter 51 of title 31, United States Code.

     SEC. 5. FUNDING AND PROCEEDS OF SALE.

       (a) Authorization.--There is hereby authorized to be 
     charged against the United States Mint Public Enterprise Fund 
     an amount not to exceed $30,000 to pay for the cost of the 
     medals authorized by this Act.
       (b) Proceeds of Sale.--Amounts received from the sale of 
     duplicate bronze medals under section 3 shall be deposited in 
     the United States Mint Public Enterprise Fund.
                                 ______
                                 
      By Mr. FEINGOLD:
  S. 2460. A bill to authorize the payment of rewards to individuals 
furnishing information relating to persons subject to indictment for 
serious violations of international humanitarian law in Rwanda, and for 
other purposes; to the Committee on Foreign Relations.


             expansion of rewards program to include rwanda

  Mr. FEINGOLD. Mr. President, today I am introducing a bill to 
authorize payment of rewards to individuals furnishing information 
relating to persons subject to indictment for serious violations of 
international humanitarian law in Rwanda. This bill would add the 
masterminds of the Rwandan genocide to the list of individuals our 
rewards program is helping to track down, and this legislation will 
send those individuals a clear message--that there is no impunity for 
genocide, that the world will not forget, and that they cannot evade 
justice forever.
  Six years ago today, a headline ran on the front page of the New York 
Times reading--``Rwandan Refugees Describe Horrors After a Bloody 
Trek.'' The lead-in read as follows:

       Their clothes are blood-soaked, and their wounds are eerily 
     similar. Pursued by fear, the 450 or so men, women and 
     children in the makeshift hospital here made the same journey 
     across the border from Rwanda, nursing the deep gouges made 
     by the machetes that struck their skulls, necks and hands.

  Six years ago today the media was just waking up to the horror 
unfolding in Rwanda, although the killing had been going on for weeks. 
Six years ago today, the reporters filing their stories from Burundi 
and Zaire were still cautious about the word ``genocide.'' They still 
referred to ``ancient tribal hatreds'' as the source of the 
incomprehensible violence engulfing the tiny central African country. 
Six years ago today, the death toll in the Rwandan genocide continued 
to mount while the international community stood by and watched, 
despite clear warnings, and despite the International Convention on the 
Prevention and Punishment of the Crime of Genocide that committed 
signatories to act. Six years ago, U.S. leadership failed, the 
international community floundered, and the global bond of basic human 
decency broke, leaving the people of Rwanda to face terror alone.
  Mr. President, we know today that the genocide was not a series of 
spontaneous acts; it was not about crowds gone wild or tribal 
bloodlust. It was carefully planned and centrally directed. Extra 
machetes had been imported, militias groups were in place, and 
incitements to murder had become a regular element of programming on 
the hate-radio station. The planners targeted not only ethnic Tutsis, 
but also politically moderate Hutus who threatened their grip on power. 
We know today that individual people--leaders and planners--are 
responsible for the deaths of some 800,000 people, and that the blame 
for these atrocities cannot be heaped on some imagined cultural failing 
or the flaws of the human heart in general.
  Holding those individuals responsible for the genocide accountable 
for their actions is the only remaining opportunity for the 
international community to do the right thing with regard to the events 
of 6 years ago. For this reason, I have consistently supported the 
International Criminal Tribunal for Rwanda, known as the ICTR. The ICTR 
was created by the United Nations Security Council in November 1994 to 
prosecute persons responsible for genocide and other serious violations 
of international humanitarian law committed in Rwanda during 1994. Its 
structure mirrors that of the International Criminal Tribunal for the 
Former Yugoslavia, the ICTY.
  I have come to this floor in the past to raise the issue of parity 
between the ICTY and the ICTR. In particular, I have pointed out that 
whereas the ICTY has the authority to prosecute individuals for serious 
violations of international humanitarian law committed since 1991 
through the present, the ICTR's mandate covers only those acts 
committed within Rwandan borders during 1994. Last year, the Senate 
approved an amendment that I offered to the State Department 
authorization bill requiring a report on the merits of expanding the 
mandate to the ICTR in space and time, both to deter further abuses and 
to hold the perpetrators of the continuing atrocities in the Great 
Lakes accountable for their actions.
  Even if we accept the confines of the current mandate, I fear that 
the ICTR is being given short shrift. Under current U.S. law, the 
Secretary of State can confer with the Attorney General and, through 
the rewards program that offers incentives to turn in terrorists and 
other international villains, pay a reward to any individual furnishing 
information leading to the arrest or conviction in any country of any 
person who is the subject of an indictment of the ICTY. Similarly, the 
reward may be made to any individual furnishing information leading to 
the transfer to or conviction by the International Criminal Tribunal 
for the Former Yugoslavia. But there is no such provision for the 
International Criminal Tribunal for Rwanda.
  It is situations like these that feed perceptions of a double-
standard in American foreign policy, wherein African lives are somehow 
less valuable than European ones, and African atrocities are somehow 
more acceptable. That perceived double-standard undermines American 
credibility and casts doubt on our commitment to the values we hold 
most dear, the values at the very foundation of our national identity.
  The ICTR is not perfect, but it has been responsible for the first 
convictions for the crime of genocide ever to be issued by an 
international court. It

[[Page 5918]]

has been the first international body to recognize rape as a crime of 
genocide. And knowledgeable observers agree that it has made a great 
deal of progress since its early days, and that it has gone further to 
bring ``big fish'' to justice than the ICTY. But more needs to be done. 
I will submit for the Record an article from the most recent issue of 
The Economist, headlined ``Still Wanted,'' which details some of the 
challenges the international community faces in bringing the 
perpetrators of the Rwandan genocide to justice. The United States 
should assist in these efforts. And the existing law that I propose 
amending ensures that the State Department and the Department of 
Justice--not the U.N.--will govern the offering, administration, and 
payment of rewards. Six years after the Rwandan genocide, six years 
after the slaughter of 800,000 people, including those indicted by the 
ICTR in the rewards program is the very least we can do.
  I yield the floor, and ask unanimous consent that the bill and 
article be printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                S. 2460

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. EXPANSION OF REWARDS PROGRAM TO INCLUDE RWANDA.

       Section 102 of the Act of October 30, 1998 (Public Law 105-
     323) is amended--
       (1) in the section heading, by inserting or ``RWANDA'' 
     after ``YUGOSLAVIA'';
       (2) in subsection (a)(2), by inserting ``or the 
     International Criminal Tribunal for Rwanda'' after 
     ``Yugoslavia''; and
       (3) in subsection (c)-
       (A) by inserting ``(1)'' immediately after ``Reference.--
     ''; and
       (B) by adding at the end the following:
       ``(2) For the purposes of subsection (a), the statute of 
     the International Criminal Tribunal for Rwanda means the 
     statute contained in the annex to Security Council Resolution 
     955 of November 8, 1994.''.
                                  ____


                  [From the Economist, Apr. 22, 2000]

                              Still Wanted

       Will Felicien Kabuga or Tharcisse Renzaho ever be brought 
     to justice? They are still at large, among several hundred 
     other senior Rwandans who in 1994 planned and promoted the 
     genocide of up to 1m people. Mr. Kabuga was a businessman who 
     financed the murderous Hutu militias, supplied them with 
     machetes and was part owner of Radio Mille Collines, the 
     radio station that broadcast the orders for genocide. Colonel 
     Renzaho was the governor of the capital, Kigali. He directed 
     the killing squads there, ordering them to make sure that 
     ``none can escape'', and he was a member of the committee 
     that co-ordinated the slaughter throughout the country.
       So far, 44 people have been detained by the International 
     Criminal Tribunal for Rwanda, based in Arusha in Tanzania. 
     Seven have been convicted, of whom six are on appeal. The 
     prosecutor is still looking for about 35 people. Although 
     names are not published for fear of alerting men on the run, 
     Mr. Kabuga and Colonel Renzaho are almost certainly on the 
     list. Arrested or hunted, they are still only a small 
     proportion of the people who planned and executed the fastest 
     and most orderly genocide in history.
       While the UN tribunal grinds on in Arusha, the Rwandan 
     government is busy bringing genocide criminals before its own 
     courts. If the main perpetrators are to be caught, and the 
     evidence found to convict them, the two should co-operate. 
     But their relationship, though it now shows signs of 
     improvement, has long been unhappy. The government objects, 
     among other things, to the money spent on the tribunal, which 
     it feels could have been better used to rebuild a justice 
     system in Rwanda.
       The government has so far detained more than 120,000 people 
     accused of genocide, of whom over 2,000 have been convicted 
     and 300 sentenced to death. At the end of last year, it 
     produced a list of 2,133 people suspected of planning or 
     directing the genocide. Most of them are still at large.
       Many of the missing villains are in Congo. Senior military 
     officers fled there after their genocidal government was 
     defeated by the Rwandan Patriotic Front, which now rules the 
     country. In Congo, they regrouped soldiers and militiamen 
     responsible for the killing. Since Rwanda became involved in 
     Congo's civil war, many of the Rwandan militiamen are 
     fighting on the side of president Laurent Kabila, against the 
     Congolese rebels who, in their turn, are backed by the 
     Rwandan government. So long as Congo's fighting continues, 
     the missing Rwandans will be difficult to arrest--and they 
     are making sure that the war continues.
       Others are in Tanzania. Hutus from both Rwanda and Burundi 
     are well established in the administration of western 
     Tanzania from where, probably without the knowledge of the 
     central government, they protect some of the killers. Others, 
     again, are scattered around the world, some with false 
     identities. Mr. Kabuga was said to have been spotted in 
     Switzerland but is now thought to be in Kenya. Colonel 
     Renzaho is probably in Congo. Governments do not seem to be 
     making much effort to find them. Those who have been 
     discovered--in Britain, America, France, Belgium and 
     Denmark--have often been unmasked by journalists.
       By contrast, western security services expend considerable 
     energy on tracking down war criminals from the conflicts in 
     former Yugoslavia. The Yugoslav war-crimes tribunal in The 
     Hague has so far issued over 90 indictments, and arrested 
     more than 40 suspects, of whom 15 have been sentenced. It has 
     named 29 people it is still looking for. So far as is known, 
     they are all still in the region, either in power in Serbia 
     or hiding in Bosnia.
       It is much harder to find the dispersed Rwandans. Moreover, 
     even if they were caught and sent to the tribunal, gathering 
     evidence to prosecute them would be difficult. Persuading 
     witnesses to leave their homes and come to Arusha to give 
     evidence, and then providing them with protection when they 
     return, is fraught with trouble. The horrible fact is that 
     the only living witnesses to some of the worst Rwandan 
     massacres are the perpetrators themselves.
                                 ______
                                 
      By Ms. LANDRIEU (for herself and Mr. Breaux):
  S. 2462. A bill to provide for the establishment of the Cat Island 
National Wildlife Refuge in West Feliciana Parish, Louisiana; to the 
Committee on Environment and Public Works.


    legislation establishing the cat island national wildlife refuge

  Ms. LANDRIEU. Mr. President, I am pleased to join with my 
distinguished colleague from Louisiana, Senator John Breaux, in 
introducing legislation that would establish the Cat Island National 
Wildlife Refuge in West Feliciana Parish, Louisiana. Cat Island is one 
of the last remaining tracts in the Lower Mississippi River Valley that 
is still influenced by the natural dynamics of the river. The 36,500 
acre site supports one of the largest densities of virgin bald cypress 
trees in the entire Mississippi River Valley. The site is also the home 
of the nation's largest cypress tree. Cat Island is important habitat 
for several declining species of songbirds and thousands of wintering 
waterfowl. The site is also home to the Louisiana black bear and high 
populations of deer, squirrel, turkey, and furbearing mammals such as 
mink and bobcats. We introduce this important legislation with the 
purpose of preserving and enhancing this valuable natural resource for 
our nation and generations to come.
  Mr. President, I recently had the good fortune of visiting Cat Island 
with Senator Breaux and representatives from the U.S. Department of the 
Interior, and I must tell you I was overwhelmed by the breathtaking 
beauty and bountiful natural resources of this site. Cat Island truly 
represents one of the most valuable and productive wildlife habitats in 
the United States. The site has high value for public uses such as 
outdoor recreation, environmental education, ecotourism, hunting, and 
fishing.
  There has been a tremendous amount of enthusiasm for protecting and 
enhancing the natural resources of Cat Island. Citizens and elected 
officials from the State of Louisiana, representatives from national 
environmental conservation organizations and the U.S. Fish and Wildlife 
Service have supported our efforts in developing this important 
legislation. The Police Jurors of West Feliciana Parish, Louisiana, 
have passed a resolution in support of establishing the Cat Island 
National Wildlife Refuge. The Governor of Louisiana and the Secretary 
of the Louisiana Department of Wildlife and Fisheries have endorsed 
creating the refuge. The Nature Conservancy of Louisiana has generously 
agreed to underwrite the operation and maintenance cost for the Fish 
and Wildlife Service during the first three years of operation of the 
refuge. The conservation organization will also facilitate the 
acquisition of the site and the transfer of ownership to the Fish and 
Wildlife Service. Most recently, the President allocated $4 million in 
his fiscal year 2001 budget for land acquisitions at the Cat Island 
site.
  Mr. President, Cat Island clearly represents one of the best examples 
of

[[Page 5919]]

Louisiana's unique natural heritage and is deserving of inclusion in 
the National Wildlife Refuge System. This legislation supports the aims 
of the Lower Mississippi River Aquatic Resources Management Plan and 
the Lower Mississippi Valley Joint Venture under the North American 
Wetlands Conservation Act.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2462

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. FINDINGS.

       Congress finds that--
       (1) as the southernmost unleveed portion of the Mississippi 
     River, Cat Island, Louisiana, is 1 of the last remaining 
     tracts in the lower Mississippi Valley that is still 
     influenced by the natural dynamics of the river;
       (2) Cat Island supports some of the highest densities of 
     virgin bald cypress trees in the Mississippi River Valley, 
     including the champion cypress tree of the United States, 
     which is 17 feet wide and has a circumference of 53 feet;
       (3) Cat Island is important habitat for several declining 
     species of forest songbirds and supports thousands of 
     wintering waterfowl;
       (4) Cat Island supports high populations of deer, turkey, 
     and furbearing mammals, such as mink and bobcats;
       (5) forested wetland on Cat Island--
       (A) represents 1 of the most valuable and productive 
     wildlife habitats in the United States; and
       (B) has high recreational value for hunters, fishermen, 
     birdwatchers, nature photographers, and others; and
       (6) protection and enhancement of the resources of Cat 
     Island through the inclusion of Cat Island in the National 
     Wildlife Refuge System would help meet the habitat protection 
     goals of the North American Waterfowl Management Plan, signed 
     by the Minister of the Environment of Canada and the 
     Secretary in May 1986.

     SEC. 2. DEFINITIONS:

       In this Act:
       (1) Refuge.--The term ``Refuge'' means the Cat Island 
     National Wildlife Refuge established by section 3(a).
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior, acting through the Director of the United 
     States Fish and Wildlife Service.

     SEC. 3. ESTABLISHMENT AND ACQUISITION OF REFUGE.

       (a) In General.--There is established a unit of the 
     National Wildlife Refuge System to be known as the ``Cat 
     Island National Wildlife Refuge'' in West Feliciana Parish, 
     Louisiana.
       (b) Inclusions.--The Refuge shall consist of the land and 
     waters (including any interest in the land or waters) 
     acquired by the Secretary for the Refuge under--
       (1) subsection (d); or
       (2) any other law.
       (c) Notice of Establishment.--The Secretary shall publish a 
     notice of the establishment of the Refuge--
       (1) in the Federal Register; and
       (2) in publications of local circulation in the vicinity of 
     the Refuge.
       (d) Acquisition.--The Secretary shall seek to acquire for 
     inclusion in the Refuge, by purchase, exchange, or donation, 
     approximately 36,500 acres of land and adjacent waters 
     (including interests in the land or adjacent waters) of Cat 
     Island, Louisiana, as depicted on the map entitled ``Cat 
     Island National Wildlife Refuge, Proposed'', dated February 
     8, 2000, which shall be available for inspection in the 
     appropriate offices of the United States Fish and Wildlife 
     Service.

     SEC. 4. PURPOSES OF REFUGE.

       The purposes of the Refuge are--
       (1) to conserve, enhance, and restore the native bottomland 
     community characteristics of the lower Mississippi alluvial 
     valley (including associated fish, wildlife, and plant 
     species);
       (2) to conserve, enhance, and restore habitat to maintain 
     and assist in the recovery of animals (such as the Louisiana 
     black bear) and plants that are listed as endangered species 
     or threatened species under the Endangered Species Act of 
     1973 (16 U.S.C. 1531 et seq.);
       (3) to conserve, enhance, and restore habitats as necessary 
     to contribute to the migratory bird population goals and 
     habitat objectives as established through the Lower 
     Mississippi Valley Joint Venture under the North American 
     Wetlands Conservation Act (16 U.S.C. 4401 et seq.);
       (4) to achieve the habitat objectives of the Lower 
     Mississippi River Aquatic Resources Management Plan, prepared 
     by the Lower Mississippi River Conservation Committee;
       (5) to authorize the Secretary, through consultation with 
     Federal, State, and local agencies and adjacent landowners, 
     to assist in the restoration of forest habitat linkages 
     between refuge land and other land to reverse past impacts 
     associated with habitat fragmentation on wildlife and plant 
     species;
       (6) to provide compatible opportunities for hunting, 
     fishing, wildlife observation and photography, and 
     environmental education and interpretation; and
       (7) to encourage the use of volunteers and to facilitate 
     partnerships among the United States Fish and Wildlife 
     Service, local communities, conservation organizations, and 
     other non-Federal entities to promote public awareness of the 
     resources of the Cat Island National Wildlife Refuge and the 
     National Wildlife Refuge System (including public 
     participation in the conservation of those resources).

     SEC. 5. ADMINISTRATION.

       (a) In General.--The Secretary shall administer all land 
     and waters (including any interest in land or waters) 
     acquired under section 3(d) in accordance with--
       (1) the National Wildlife Refuge System Administration Act 
     of 1966 (16 U.S.C. 668dd et seq.);
       (2) Public Law 87-714 (commonly known as the ``Refuge 
     Recreation Act'') (16 U.S.C. 460k et seq.); and
       (3) the purposes of the Refuge described in section 4.
       (b) Use of Other Authority.--The Secretary may use such 
     additional statutory authority as is available to the 
     Secretary to conduct projects and activities at the Refuge in 
     accordance with this Act, including projects or activities to 
     conserve or develop--
       (1) wildlife and natural resources;
       (2) water supplies;
       (3) water control structures;
       (4) outdoor recreational activity programs; and
       (5) interpretive education programs.

     SEC. 6. AUTHORIZATION OF APPROPRIATION.

       There are authorized to be appropriated to the Secretary 
     such sums as are necessary for--
       (1) the acquisition of interests in land and waters 
     described in section 3(d)(1); and
       (2) the development, operation, and maintenance of the 
     Refuge.

  Mr. BREAUX. Mr. President, I am pleased to join Senator Landrieu in 
offering legislation to establish the Cat Island National Wildlife 
Refuge in West Feliciana Parish, Louisiana.
  The Mississippi River has provided for the commerce, transportation, 
and nourishment that has sustained Louisianians for over 300 years. 
Over time, communities have adapted to the unique environment that 
exists near the River. Today marks a milestone in the effort to 
preserve one of the last remaining tracts in the lower Mississippi 
Valley that is still influenced by the natural dynamics of the great 
River.
  The area known as Cat Island is the southernmost unleveed portion of 
the Mississippi River. It is actually a peninsula of bottomland 
hardwood forest adjacent to the River and located thirty miles north of 
our state capital at Baton Rouge. It supports one of the highest 
densities of virgin bald cypress trees in the entire Mississippi River 
Valley, including the nation's champion cypress tree, which is 17 feet 
wide and 53 feet in circumference. By designating this area as a 
National Wildlife Refuge, we aim to protect the habitat of several 
declining species of forest songbirds, thousands of wintering 
waterfowl, and breeding ground for Wood Ducks. The area also supports 
high populations of deer, squirrel, turkey, and furbearers such as 
bobcat and mink.
  The Cat Island Project represents a collaborative effort among 
several entities who have remained committed to its conservation. The 
Nature Conservancy spearheaded the effort, marshaled public support 
from Louisianians of all stripes, and worked diligently to secure the 
necessary funding for the initial acquisition of land from commercial 
and private landowners in the area. In fact, the Migratory Bird 
Commission provided the seed money to begin the acquisition process. 
Senator Landrieu and I have worked hard to find appropriate sources of 
federal funding to contribute to the cause, and we are delighted that 
the President has included $4 million for the Cat Island Project in his 
budget request for the U.S. Fish and Wildlife Service. We have enjoyed 
the support of officials from the Department of the Interior as well. 
Assistant Secretary David Hayes visited the site of the planned refuge 
along with Senator Landrieu and me in February. As I said, this project 
is the result of the good faith, dedication and continued cooperation 
of many players. I express my sincere gratitude and congratulations to 
all who have been involved.


  The final piece in the completion of this project is the designation 
of the land as a National Wildlife Refuge. I am proud to offer 
legislation that will ensure the conservation of wild Louisiana for 
future generations to experience.

                          ____________________


[[Page 5920]]

                         ADDITIONAL COSPONSORS


                                 S. 20

  At the request of Mr. Lautenberg, the name of the Senator from Rhode 
Island (Mr. Reed) was added as a cosponsor of S. 20, a bill to assist 
the States and local governments in assessing and remediating 
brownfield sites and encouraging environmental cleanup programs, and 
for other purposes.


                                 S. 309

  At the request of Mr. McCain, the name of the Senator from Maine (Ms. 
Snowe) was added as a cosponsor of S. 309, a bill to amend the Internal 
Revenue Code of 1986 to provide that a member of the uniformed services 
shall be treated as using a principal residence while away from home on 
qualified official extended duty in determining the exclusion of gain 
from the sale of such residence.


                                 S. 317

  At the request of Mr. Dorgan, the names of the Senator from South 
Dakota (Mr. Daschle) and the Senator from Washington (Mr. Gorton) were 
added as cosponsors of S. 317, a bill to amend the Internal Revenue 
Code of 1986 to provide an exclusion for gain from the sale of farmland 
which is similar to the exclusion from gain on the sale of a principal 
residence.


                                 S. 345

  At the request of Mr. Allard, the name of the Senator from Virginia 
(Mr. Warner) was added as a cosponsor of S. 345, a bill to amend the 
Animal Welfare Act to remove the limitation that permits interstate 
movement of live birds, for the purpose of fighting, to States in which 
animal fighting is lawful.


                                 S. 351

  At the request of Mr. Grams, the name of the Senator from South 
Dakota (Mr. Daschle) was added as a cosponsor of S. 351, a bill to 
provide that certain Federal property shall be made available to States 
for State and local organization use before being made available to 
other entities, and for other purposes.


                                 S. 484

  At the request of Mr. Campbell, the name of the Senator from Georgia 
(Mr. Coverdell) was added as a cosponsor of S. 484, a bill to provide 
for the granting of refugee status in the United States to nationals of 
certain foreign countries in which American Vietnam War POW/MIAs or 
American Korean War POW/MIAs may be present, if those nationals assist 
in the return to the United States of those POW/MIAs alive.


                                 S. 514

  At the request of Mr. Cochran, the names of the Senator from New York 
(Mr. Schumer) and the Senator from Iowa (Mr. Harkin) were added as 
cosponsors of S. 514, a bill to improve the National Writing Project.


                                 S. 662

  At the request of Ms. Snowe, the name of the Senator from Michigan 
(Mr. Abraham) was added as a cosponsor of S. 662, a bill to amend title 
XIX of the Social Security Act to provide medical assistance for 
certain women screened and found to have breast or cervical cancer 
under a federally funded screening program.


                                 S. 764

  At the request of Mr. Thurmond, the name of the Senator from Arizona 
(Mr. Kyl) was added as a cosponsor of S. 764, a bill to amend section 
1951 of title 18, United States Code (commonly known as the Hobbs Act), 
and for other purposes.


                                 S. 784

  At the request of Mr. Rockefeller, the name of the Senator from 
Virginia (Mr. Warner) was added as a cosponsor of S. 784, a bill to 
establish a demonstration project to study and provide coverage of 
routine patient care costs for Medicare beneficiaries with cancer who 
are enrolled in an approved clinical trial program.


                                S. 1369

  At the request of Mr. Jeffords, the name of the Senator from New 
Jersey (Mr. Torricelli) was added as a cosponsor of S. 1369, a bill to 
enhance the benefits of the national electric system by encouraging and 
supporting State programs for renewable energy sources, universal 
electric service, affordable electric service, and energy conservation 
and efficiency, and for other purposes.


                                S. 1419

  At the request of Mr. McCain, the names of the Senator from Ohio (Mr. 
Voinovich) and the Senator from Nevada (Mr. Bryan) were added as 
cosponsors of S. 1419, a bill to amend title 36, United States Code, to 
designate May as ``National Military Appreciation Month.''


                                S. 1440

  At the request of Mr. Gramm, the name of the Senator from Utah (Mr. 
Bennett) was added as a cosponsor of S. 1440, a bill to promote 
economic growth and opportunity by increasing the level of visas 
available for highly specialized scientists and engineers and by 
eliminating the earnings penalty on senior citizens who continue to 
work after reaching retirement age.


                                S. 1617

  At the request of Mr. DeWine, the name of the Senator from Washington 
(Mr. Gorton) was added as a cosponsor of S. 1617, a bill to promote 
preservation and public awareness of the history of the Underground 
Railroad by providing financial assistance, to the Freedom Center in 
Cincinnati, Ohio.


                                S. 1762

  At the request of Mr. Coverdell, the names of the Senator from Utah 
(Mr. Hatch) and the Senator from Wisconsin (Mr. Kohl) were added as 
cosponsors of S. 1762, a bill to amend the Watershed Protection and 
Flood Prevention Act to authorize the Secretary of Agriculture to 
provide cost share assistance for the rehabilitation of structural 
measures constructed as part of water resources projects previously 
funded by the Secretary under such Act or related laws.


                                S. 1805

  At the request of Mr. Kennedy, the name of the Senator from South 
Dakota (Mr. Johnson) was added as a cosponsor of S. 1805, a bill to 
restore food stamp benefits for aliens, to provide States with 
flexibility in administering the food stamp vehicle allowance, to index 
the excess shelter expense deduction to inflation, to authorize 
additional appropriations to purchase and make available additional 
commodities under the emergency food assistance program, and for other 
purposes.


                                S. 1806

  At the request of Mr. Bingaman, the name of the Senator from Nebraska 
(Mr. Kerrey) was added as a cosponsor of S. 1806, a bill to authorize 
the payment of a gratuity to certain members of the Armed Forces who 
served at Bataan and Corregidor during World War II, or the surviving 
spouses of such members, and for other purposes.


                                S. 1883

  At the request of Mr. Bingaman, the name of the Senator from Missouri 
(Mr. Ashcroft) was added as a cosponsor of S. 1883, a bill to amend 
title 5, United States Code, to eliminate an inequity on the 
applicability of early retirement eligibility requirements to military 
reserve technicians.


                                S. 1905

  At the request of Mr. Santorum, the name of the Senator from Maine 
(Ms. Collins) was added as a cosponsor of S. 1905, a bill to establish 
a program to provide for a reduction in the incidence and prevalence of 
Lyme disease.


                                S. 1915

  At the request of Mr. Jeffords, the name of the Senator from North 
Dakota (Mr. Conrad) was added as a cosponsor of S. 1915, a bill to 
enhance the services provided by the Environmental Protection Agency to 
small communities that are attempting to comply with national, State, 
and local environmental regulations.


                                S. 1995

  At the request of Mr. Kohl, the name of the Senator from Minnesota 
(Mr. Wellstone) was added as a cosponsor of S. 1995, a bill to amend 
the National School Lunch Act to revise the eligibility of private 
organizations under the child and adult care food program.

[[Page 5921]]




                                S. 2061

  At the request of Mr. Biden, the name of the Senator from Louisiana 
(Mr. Breaux) was added as a cosponsor of S. 2061, a bill to establish a 
crime prevention and computer education initiative.


                                S. 2068

  At the request of Mr. Gregg, the name of the Senator from Kentucky 
(Mr. McConnell) was added as a cosponsor of S. 2068, a bill to prohibit 
the Federal Communications Commission from establishing rules 
authorizing the operation of new, low power FM radio stations.


                                S. 2078

  At the request of Mr. Bunning, the name of the Senator from Ohio (Mr. 
DeWine) was added as a cosponsor of S. 2078, a bill to authorize the 
President to award a gold medal on behalf of Congress to Muhammad Ali 
in recognition of his outstanding athletic accomplishments and enduring 
contributions to humanity, and for other purposes.


                                S. 2084

  At the request of Mr. Lugar, the name of the Senator from Louisiana 
(Ms. Landrieu) was added as a cosponsor of S. 2084, a bill to amend the 
Internal Revenue Code of 1986 to increase the amount of the charitable 
deduction allowable for contributions of food inventory, and for other 
purposes.


                                S. 2158

  At the request of Mr. Murkowski, the name of the Senator from Florida 
(Mr. Mack) was added as a cosponsor of S. 2158, a bill to amend the 
Harmonized Tariff Schedule of the United States to eliminate the duty 
on certain steam or other vapor generating boilers used in nuclear 
facilities.


                                S. 2217

  At the request of Mr. Campbell, the name of the Senator from Wyoming 
(Mr. Thomas) was added as a cosponsor of S. 2217, a bill to require the 
Secretary of the Treasury to mint coins in commemoration of the 
National Museum of the American Indian of the Smithsonian Institution, 
and for other purposes.


                                S. 2220

  At the request of Mr. Allard, the name of the Senator from Wyoming 
(Mr. Enzi) was added as a cosponsor of S. 2220, a bill to protect 
Social Security and provide for repayment of the Federal debt.


                                S. 2232

  At the request of Mr. Graham, the name of the Senator from Maryland 
(Ms. Mikulski) was added as a cosponsor of S. 2232, a bill to promote 
primary and secondary health promotion and disease prevention services 
and activities among the elderly, to amend title XVIII of the Social 
Security Act to add preventive benefits, and for other purpose.


                                S. 2235

  At the request of Ms. Collins, the names of the Senator from New 
Jersey (Mr. Lautenberg) and the Senator from North Dakota (Mr. Dorgan) 
were added as cosponsors of S. 2235, a bill to amend the Public Health 
Act to revise the performance standards and certification process for 
organ procurement organizations.


                                S. 2243

  At the request of Ms. Landrieu, the name of the Senator from Texas 
(Mrs. Hutchison) was added as a cosponsor of S. 2243, a bill to 
reauthorize certain programs of the Small Business Administration, and 
for other purposes.


                                S. 2265

  At the request of Mrs. Hutchison, the name of the Senator from Kansas 
(Mr. Roberts) was added as a cosponsor of S. 2265, a bill to amend the 
Internal Revenue Code of 1986 to preserve marginal domestic oil and 
natural gas well production, and for other purposes.


                                S. 2274

  At the request of Mr. Grassley, the names of the Senator from Rhode 
Island (Mr. L. Chafee), the Senator from Mississippi (Mr. Cochran), the 
Senator from New Mexico (Mr. Bingaman), the Senator from Minnesota (Mr. 
Wellstone), the Senator from New Jersey (Mr. Lautenberg), the Senator 
from North Carolina (Mr. Edwards), the Senator from Connecticut (Mr. 
Dodd), the Senator from California (Mrs. Feinstein), the Senator from 
New York (Mr. Schumer), and the Senator from Virginia (Mr. Robb) were 
added as cosponsors of S. 2274, a bill to amend title XIX of the Social 
Security Act to provide families and disabled children with the 
opportunity to purchase coverage under the medicaid program for such 
children.


                                S. 2277

  At the request of Mr. Roth, the name of the Senator from Idaho (Mr. 
Craig) was added as a cosponsor of S. 2277, a bill to terminate the 
application of title IV of the Trade Act of 1974 with respect to the 
People's Republic of China.


                                S. 2311

  At the request of Mr. Kennedy, the names of the Senator from 
Louisiana (Mr. Breaux), and the Senator from Massachusetts (Mr. Kerry) 
were added as cosponsors of S. 2311, a bill to revise and extend the 
Ryan White CARE Act programs under title XXVI of the Public Health 
Service Act, to improve access to health care and the quality of health 
care under such programs, and to provide for the development of 
increased capacity to provide health care and related support services 
to individuals and families with HIV disease, and for other purposes.


                                S. 2322

  At the request of Mr. McCain, the name of the Senator from Virginia 
(Mr. Robb) was added as a cosponsor of S. 2322, a bill to amend title 
37, United States Code, to establish a special subsistence allowance 
for certain members of the uniformed services who are eligible to 
receive food stamp assistance, and for other purposes.


                                S. 2330

  At the request of Mr. Breaux, the name of the Senator from New Mexico 
(Mr. Bingaman) was added as a cosponsor of S. 2330, a bill to amend the 
Internal Revenue Code of 1986 to repeal the excise tax on telephone and 
other communication services.
  At the request of Mr. Roth, the names of the Senator from Texas (Mr. 
Gramm), the Senator from Arizona (Mr. Kyl), the Senator from Kansas 
(Mr. Roberts), and the Senator from Nebraska (Mr. Hagel) were added as 
cosponsors of S. 2330, supra.


                                S. 2341

  At the request of Mr. Gregg, the names of the Senator from California 
(Mrs. Feinstein) and the Senator from California (Mrs. Boxer) were 
added as cosponsors of S. 2341, a bill to authorize appropriations for 
part B of the Individuals with Disabilities Education Act to achieve 
full funding for part B of that Act by 2010.


                                S. 2344

  At the request of Mr. Brownback, the names of the Senator from 
Colorado (Mr. Allard) and the Senator from Georgia (Mr. Coverdell) were 
added as cosponsors of S. 2344, a bill to amend the Internal Revenue 
Code of 1986 to treat payments under the Conservation Reserve Program 
as rentals from real estate.


                                S. 2353

  At the request of Mr. Akaka, the name of the Senator from North 
Dakota (Mr. Dorgan) was added as a cosponsor of S. 2353, a bill to 
amend the Higher Education Act of 1965 to improve the program for 
American Indian Tribal Colleges and Universities under part A of title 
III.


                                S. 2365

  At the request of Ms. Collins, the names of the Senator from New 
Jersey (Mr. Lautenberg) and the Senator from Montana (Mr. Burns) were 
added as cosponsors of S. 2365, a bill to amend title XVIII of the 
Social Security Act to eliminate the 15 percent reduction in payment 
rates under the prospective payment system for home health services.


                                S. 2408

  At the request of Mr. Bingaman, the names of the Senator from Utah 
(Mr. Bennett) and the Senator from Wisconsin (Mr. Feingold) were added 
as cosponsors of S. 2408, a bill to authorize the President to award a 
gold medal on behalf of the Congress to the Navajo Code Talkers in 
recognition of their contributions to the Nation.


                                S. 2417

  At the request of Mr. Crapo, the name of the Senator from Alabama 
(Mr. Sessions) was added as a cosponsor of S. 2417, a bill to amend the 
Federal Water Pollution Control Act to increase funding for State 
nonpoint

[[Page 5922]]

source pollution control programs, and for other purposes.


                            S. CON. RES. 60

  At the request of Mr. Feingold, the name of the Senator from New 
Mexico (Mr. Bingaman) was added as a cosponsor of S. Con. Res. 60, a 
concurrent resolution expressing the sense of Congress that a 
commemorative postage stamp should be issued in honor of the U.S.S. 
Wisconsin and all those who served aboard her.


                            S. CON. RES. 81

  At the request of Mr. Roth, the name of the Senator from Wyoming (Mr. 
Enzi) was added as a cosponsor of S. Con. Res. 81, a concurrent 
resolution expressing the sense of the Congress that the Government of 
the People's Republic of China should immediately release Rabiya 
Kadeer, her secretary, and her son, and permit them to move to the 
United States if they so desire.


                            S. CON. RES. 104

  At the request of Mr. Schumer, the name of the Senator from Missouri 
(Mr. Ashcroft) was added as a cosponsor of S. Con. Res. 104, a 
concurrent resolution expressing the sense of the Congress regarding 
the ongoing prosecution of 13 members of Iran's Jewish community.


                            S. CON. RES. 107

  At the request of Mr. Akaka, the names of the Senator from Nebraska 
(Mr. Kerrey), the Senator from Wisconsin (Mr. Kohl), and the Senator 
from New York (Mr. Schumer) were added as cosponsors of S. Con. Res. 
107, a concurrent resolution expressing the sense of the Congress 
concerning support for the Sixth Nonproliferation Treaty Review 
Conference.


                              S.J. RES. 3

  At the request of Mr. Inouye, his name was withdrawn as a cosponsor 
of S.J. Res. 3, a joint resolution proposing an amendment to the 
Constitution of the United States to protect the rights of crime 
victims.


                              S.J. RES. 44

  At the request of Mr. Kennedy, the names of the Senator from Texas 
(Mr. GRAMM), the Senator from Montana (Mr. Baucus), the Senator from 
Mississippi (Mr. Lott), and the Senator from Pennsylvania (Mr. Specter) 
were added as cosponsors of S.J. Res. 44, a joint resolution supporting 
the Day of Honor 2000 to honor and recognize the service of minority 
veterans in the United States Armed Forces during World War II.


                              S. RES. 247

  At the request of Mr. Campbell, the names of the Senator from Maine 
(Ms. Snowe), the Senator from New Hampshire (Mr. Gregg), the Senator 
from Wisconsin (Mr. Kohl), the Senator from Connecticut (Mr. Dodd), the 
Senator from Mississippi (Mr. Lott), the Senator from Alabama (Mr. 
Shelby), the Senator from Iowa (Mr. Grassley), the Senator from Wyoming 
(Mr. Thomas), the Senator from New Mexico (Mr. Domenici), the Senator 
from Illinois (Mr. Fitzgerald), the Senator from Rhode Island (Mr. L. 
Chafee), and the Senator from Massachusetts (Mr. Kerry) were added as 
cosponsors of S. Res. 247, a resolution commemorating and acknowledging 
the dedication and sacrifice made by the men and women who have lost 
their lives while serving as law enforcement officers.


                              S. RES. 248

  At the request of Mr. Robb, the names of the Senator from Vermont 
(Mr. Leahy) and the Senator from Michigan (Mr. Levin) were added as 
cosponsors of S. Res. 248, a resolution to designate the week of May 7, 
2000, as ``National Correctional Officers and Employees Week.''


                              S. RES. 287

  At the request of Mr. Mack, his name was added as a cosponsor of S. 
Res. 287, a resolution expressing the sense of the Senate regarding 
U.S. policy toward Libya.

                          ____________________



    SENATE RESOLUTION 294--DESIGNATING THE MONTH OF OCTOBER 2000 AS 
                  ``CHILDREN'S INTERNET SAFETY MONTH''

  Mr. ABRAHAM (for himself and Mr. McCain) submitted the following 
resolution; which was referred to the Committee on the Judiciary:

                              S. Res. 294

       Whereas the Internet is one of the most effective tools 
     available for purposes of education and research and gives 
     children the means to make friends and freely communicate 
     with peers and family anywhere in the world;
       Whereas the new era of instant communication holds great 
     promise for achieving better understanding of the world and 
     providing the opportunity for creative inquiry;
       Whereas it is vital to the well-being of children that the 
     Internet offer an open and responsible environment to 
     explore;
       Whereas access to objectionable material, such as violent, 
     obscene, or sexually explicit adult material may be received 
     by a minor in unsolicited form;
       Whereas there is a growing concern in all levels of society 
     to protect children from objectionable material;
       Whereas the technological option for parents or guardians 
     to filter, block, or review objectionable Internet material 
     is available and effective;
       Whereas information on Internet filtering or blocking 
     technology is unavailable to many parents or guardians; and
       Whereas the Internet is a positive educational tool and 
     should be seen in such a manner rather than as a vehicle for 
     entities to make objectionable materials available to 
     children: Now, therefore, be it
       Resolved, That the Senate--
       (1) designates October 2000 as ``Children's Internet Safety 
     Month'' and supports its official status on the Nation's 
     promotional calendar; and
       (2) supports parents and guardians in promoting the 
     creative development of children by encouraging the use of 
     the Internet in a safe, positive manner with the aid of 
     Internet filtering and blocking technologies.

  Mr. ABRAHAM. Mr. President, I rise today to offer a resolution 
designating October 2000 as ``Children's Internet Safety Month'' on our 
national promotional calendar. This resolution, which I am submitting 
along with my colleague, Senator McCain, recognizes the valuable 
information and opportunities for creative development provided by the 
Internet. It supports parents and guardians as they work to promote 
children's intellectual growth by encouraging safe, positive internet 
use with the aid of Internet filtering and blocking technologies.
  Filtering and blocking technologies can help parents and guardians 
protect their children from objectionable material. This is 
particularly important in those frequent instances when such material 
is obtained by accident, via unsolicited correspondence. With more than 
5,000 new web sites appearing on the Internet each day, we must 
recognize the problems raised by the significant number of sites 
containing objectionable material (defined as material that is violent, 
obscene or sexually explicit). Unfortunately, one-third of all Internet 
web sites are devoted to objectionable material. This presents our 
nation with a moral challenge: to find the means to sustain the 
wonderful freedom of the Internet while protecting children from 
unwanted and potentially harmful Internet material.
  By designating October 2000 as ``Children's Internet Safety Month'' 
on the nation's promotional calendar, we can help parents, guardians, 
and concerned community leaders in their efforts to provide responsible 
Internet protection for our children. We can focus public attention on 
this important issue and encourage development of positive, community 
based programs and events highlighting the need to protect children 
from objectionable Internet material.
  This resolution will help empower the young people of the Internet 
Generation to share ideas and dreams; and to do so free from unwanted 
and intrusive, objectionable Internet material.

                          ____________________



  SENATE RESOLUTION 295--EXPRESSING THE SENSE OF THE SENATE THAT THE 
    CARRYING OF FIREARMS INTO PLACES OF WORSHIP OR EDUCATIONAL AND 
                SCHOLASTIC SETTINGS SHOULD BE PROHIBITED

  Mr. LIEBERMAN (for himself Mr. Daschle, Ms. Mikulski, Mr. Schumer, 
Mrs. Boxer, Mr. Kohl, Mr. Dodd, Mr. Kerry, Mr. Reed, Mr. Bayh, Mr. 
Harkin, Mr. Lautenberg, Mr. Reid, Mr. Torricelli, Mr. Johnson, Mr. 
Breaux, Mr. Wellstone, Mr. Bryan, Mr. Kennedy, Mr. Robb, Mr. Graham, 
Mr. Wyden, Mr. Akaka, Mrs. Feinstein, Mr. Edwards, Mr. Moynihan, Mr. 
Sarbanes, and Mr. Leahy) submitted the

[[Page 5923]]

following resolution, which was referred to the Committee on the 
Judiciary:

                              S. Res. 295

       Whereas repeated incidents of senseless and horrific gun 
     violence have led many Americans to conclude that neither 
     they nor their children can feel completely secure anywhere 
     at anytime anymore;
       Whereas the epidemic of gun violence in our Nation has 
     invaded schools, youth sporting events, places of worship, 
     and other spaces that the American people once thought of as 
     sanctuaries of safety;
       Whereas these shootings have shattered the confidence of 
     parents and educators and clergy in their ability to protect 
     children from the increasingly dangerous world around them;
       Whereas in response to this trend, Congress previously 
     acted to protect America's children by prohibiting the 
     possession of firearms in school zones;
       Whereas no American adult or child should have to fear for 
     their safety when studying, praying in their places of 
     worship, or participating in any other activities at or 
     related to their schools or places of worship;
       Whereas it is the obligation of America's elected leaders 
     to do all they can to protect our children from harm and 
     ensure that adults and children alike can learn, play, or 
     pray in safety; and
       Whereas there is no rational reason for anyone other than a 
     law enforcement officer to carry a gun into a place of 
     worship, a school, or a school-related event: Now, therefore, 
     be it
       Resolved, That it is the sense of the Senate that the 
     carrying of firearms into places of worship or educational 
     and scholastic settings should be prohibited.

  Mr. LIEBERMAN. Mr. President, the first anniversary of the Columbine 
massacre has been a time for great contemplation and reflection--
contemplation of the horror and tragedy of that event, and reflection 
on what has become of the safety and security so many of us once took 
for granted. From Paducah, Kentucky, to Jonesboro, Arkansas, to 
Springfield, Oregon, to Mount Morris Township, Michigan, to Littleton, 
Colorado, the surreal has too often become mortally real. Senseless, 
horrific and seemingly random gun violence has invaded all corners of 
our nation. These incidents have shattered our collective sense of 
security. What's worse, they have done so with respect to the very 
places where we and our children have the right to feel most secure: 
our schools and our places of worship.
  There are many facets to this problem--a media culture that 
desensitizes our children to violence, a feeling of hopelessness that 
invades too many of our children and the often too easy accessibility 
of firearms. We must address all of these problems, and I hope we soon 
will start to do so by taking action on the long-stalled juvenile 
justice bill with its several sensible gun-safety provisions and its 
measures aimed at the culture of violence surrounding our children.
  But there is one more thing we can do for ourselves and our children: 
restore a sense of sanctuary and safe haven to spaces where guns have 
no place. Ask parents, educators or congregants, and they'll say every 
community is entitled to at least a few sites of sanctuary, where they 
can honor their families and their God without fearing for their safety 
or their lives. But the reality is that at least 22 states permit gun 
owners to carry concealed weapons into places of worship, and many 
allow them at school events off campus.
  Why does anyone other than a law enforcement or security officer need 
to carry a firearm into these spaces? Why at this moment of such 
concern about gun violence do we want to add to it the potential for 
more terror and tragedy in what should be our safest places? Why after 
at least a dozen shootings in American churches and synagogues over the 
last five years do we want to invite another?
  Making clear that guns have no place in what are supposed to be 
sanctuaries would put the law on the right side of reason. It would 
help diminish the odds that another Columbine is around the corner. And 
it would reassure the American people that it is possible for us to 
come together on common ground to fight this threat to our safety and 
security.
  With these thoughts in mind, and with the Million Mom March against 
gun violence soon to occur in Washington, I am today joining a 
coalition of more than 25 Members in submitting a resolution expressing 
our support for prohibitions on firearms in schools, scholastic 
settings, and places of worship. This resolution would make a clear 
statement that, like most Americans, we in the Senate believe that 
Saturday Night Specials do not belong in Sunday School classes or any 
other place where families are learning, playing or praying.
  This in the end is not an ideological or constitutional issue, but a 
question of common sense. We can respect the rights of law-abiding gun 
owners while also acknowledging that bullets and Bibles don't mix. This 
is not a hard line to take. Nor should it be a hard line to draw, in 
order to provide safe havens for our families.
  It is time for the Senate to go on record and say that there are 
certain places in our society that must be safe havens from even the 
threat of violence, spaces where we and our children can go to pray and 
play with the confidence that safety and security will follow. I urge 
my colleagues to join me in supporting this resolution.

                          ____________________



  SENATE RESOLUTION 296--DESIGNATING THE FIRST SUNDAY IN JUNE OF EACH 
               CALENDAR YEAR AS ``NATIONAL CHILD'S DAY''

  By Mr. GRAHAM (for himself, Mr. Akaka, Mr. Crapo, Mr. Byrd, Mr. 
Specter, Mr. Conrad, Mr. Thurmond, Mr. Dorgan, Mr. Voinovich, Mr. 
Durbin, Mr. Bond, Mr. Edwards, Mr. Craig, Mr. Kohl, Mr. Warner, Mr. 
Rockefeller, Mr. Abraham, Mr. Sarbanes, Mr. Enzi, Mr. Kerry, Mr. Lugar, 
Mr. Smith of Oregon, Mr. Cleland, Mr. Cochran, Mr. Bingaman, Ms. 
Landrieu, Mr. Grams, Mr. Bayh, Mr. Mack, Mr. Bryan, Mr. Reid, Mr. 
Johnson, Mrs. Lincoln, Mrs. Murray, Mrs. Feinstein, Mr. Lieberman, Mrs. 
Boxer, and Mr. Wellstone) submitted the following resolution; which was 
referred to the Committee on the Judiciary:

                              S. Res. 296

       Whereas the first Sunday of June falls between Mother's Day 
     and Father's Day;
       Whereas each child is unique, a blessing, and holds a 
     distinct place in the family unit;
       Whereas the people of the United States should celebrate 
     children as the most valuable asset of the United States;
       Whereas the children represent the future, hope, and 
     inspiration of the United States;
       Whereas the children of the United States should be allowed 
     to feel that their ideas and dreams will be respected because 
     adults in the United States take time to listen;
       Whereas many children of the United States face crises of 
     grave proportions, especially as they enter adolescent years;
       Whereas it is important for parents to spend time listening 
     to their children on a daily basis;
       Whereas modern societal and economic demands often pull the 
     family apart;
       Whereas, whenever practicable, it is important for both 
     parents to be involved in their child's life;
       Whereas encouragement should be given to families to set 
     aside a special time for all family members to engage 
     together in family activities;
       Whereas adults in the United States should have an 
     opportunity to reminisce on their youth to recapture some of 
     the fresh insight, innocence, and dreams that they may have 
     lost through the years;
       Whereas the designation of a day to commemorate the 
     children of the United States will provide an opportunity to 
     emphasize to children the importance of developing an ability 
     to make the choices necessary to distance themselves from 
     impropriety and to contribute to their communities;
       Whereas the people of the United States should emphasize to 
     children the importance of family life, education, and 
     spiritual qualities;
       Whereas because children are the responsibility of all 
     people of the United States, everyone should celebrate 
     children, whose questions, laughter, and dreams are important 
     to the existence of the United States; and
       Whereas the designation of a day to commemorate the 
     children will emphasize to the people of the United States 
     the importance of the role of the child within the family and 
     society: Now, therefore, be it
       Resolved, That the Senate--
       (1) designates the first Sunday in June of each year as 
     ``National Child's Day''; and
       (2) requests the President to issue a proclamation calling 
     on the people of the United States to observe the day with 
     appropriate ceremonies and activities.

  Mr. GRAHAM. Mr. President, I rise today to submit a resolution that 
designates the first Sunday in June as National Child's Day.

[[Page 5924]]

  Our children are our future. I believe that most of my colleagues 
would agree that our children are, indeed, this nation's most precious 
resource--a resource that should be cherished and protected.
  Sadly, Mr. President, over five million of America's children go to 
bed hungry at night.
  In the last ten years there has been a 60 percent increase in the 
number of children in or in need of foster care services.
  Many children in America face crises of grave proportions, especially 
as they enter their adolescent years.
  We must make a commitment to reverse these trends. We must take the 
initiative to make each child in this nation a child who is loved, 
cared for and appreciated for his or herself.
  The establishment of a National Child's Day will give all of us the 
unique opportunity to focus on our children's needs and to recognize 
their accomplishments.
  National Child's Day will encourage families to spend more quality 
time together and will highlight the special importance of the child in 
the family unit.
  This simple, yet important, resolution will foster family 
togetherness and ensure that our children receive all of the love, 
support, and attention that they deserve.
  I urge my colleagues to join me in establishing National Child's Day 
this year and for years to come.

                          ____________________



                          AMENDMENT SUBMITTED

                                 ______
                                 

                MARRIAGE TAX PENALTY RELIEF ACT OF 2000

                                 ______
                                 

                  BAYH (AND OTHERS) AMENDMENT NO. 3102

  (Ordered to lie on the table)
  Mr. BAYH (for himself and Mr. Durbin, Mr. Johnson, Mrs. Feinstein, 
Ms. Landrieu, Mr. Edwards, and Mrs. Murray) submitted an amendment 
intended to be proposed by them to the bill (H.R. 6) to amend the 
Internal Revenue Code of 1986 to eliminate the marriage penalty by 
providing that the income tax rate bracket amounts, and the amount of 
the standard deduction, for joint returns shall be twice the amounts 
applicable to unmarried individuals; as follows:

       In lieu of the matter proposed to be inserted, insert the 
     following:

     SECTION 1. SHORT TITLE; AMENDMENT OF 1986 CODE.

       (a) Short Title.--This Act may be cited as the ``Targeted 
     Marriage Tax Penalty Relief Act of 2000''.
       (b) Amendment of 1986 Code.--Except as otherwise expressly 
     provided, whenever in this Act an amendment or repeal is 
     expressed in terms of an amendment to, or repeal of, a 
     section or other provision, the reference shall be considered 
     to be made to a section or other provision of the Internal 
     Revenue Code of 1986.
       (c) Section 15 Not To Apply.--No amendment made by section 
     2 shall be treated as a change in a rate of tax for purposes 
     of section 15 of the Internal Revenue Code of 1986 .

     SEC. 2. MARRIAGE CREDIT.

       (a) In General.--Subpart A of part IV of subchapter A of 
     chapter 1 (relating to nonrefundable personal credits) is 
     amended by inserting after section 25A the following new 
     section:

     ``SEC. 25B. MARRIAGE CREDIT.

       ``(a) Allowance of Credit.--In the case of a joint return 
     under section 6013, there shall be allowed as a credit 
     against the tax imposed by this chapter for the taxable year 
     an amount equal to the lesser of the amount determined under 
     subsection (b) or (c) for the taxable year.
       ``(b) Amount Under Subsection (b).--For purposes of 
     subsection (a), the amount under this subsection for any 
     taxable year with respect to a taxpayer is determined in 
     accordance with the following table:

``Taxable year:
  Amount:..............................................................
  2001........................................................$500 ....

  2002........................................................$900 ....

  2003......................................................$1,300 ....

  2004 and thereafter.......................................$1,700.....

       ``(c) Determination of Amount.--
       ``(1) In general.--For purposes of subsection (a), the 
     amount determined under this subsection for any taxable year 
     with respect to a taxpayer is equal to the excess (if any) 
     of--
       ``(A) the joint tentative tax of such taxpayer for such 
     year, over
       ``(B) the combined tentative tax of such taxpayer for such 
     year.
       ``(2) Joint tentative tax.--For purposes of paragraph 
     (1)(A)--
       ``(A) In general.--The joint tentative tax of a taxpayer 
     for any taxable year is equal to the tax determined in 
     accordance with the table contained in section 1(a) on the 
     joint tentative taxable income of the taxpayer for such year.
       ``(B) Joint tentative taxable income.--For purposes of 
     subparagraph (A), the joint tentative taxable income of a 
     taxpayer for any taxable year is equal to the excess of--
       ``(i) the sum of--

       ``(I) the earned income (as defined in section 32(c)(2)) of 
     such taxpayer for such year, and
       ``(II) any income received as a pension or annuity which 
     arises from an employer-employee relationship (including any 
     social security benefit (as defined in section 86(d)(1)) 
     which is includible in gross income of such taxpayer for such 
     year, over

       ``(ii) the sum of--

       ``(I) either--

       ``(aa) the standard deduction determined under section 
     63(c)(2)(A)(i) for such taxpayer for such year, or
       ``(bb) in the case of an election under section 63(e), the 
     total itemized deductions determined under section 63(d) for 
     such taxpayer for such year, and

       ``(II) the total exemption amount for such taxpayer for 
     such year determined under section 151.

       ``(3) Combined tentative tax.--For purposes of paragraph 
     (1)(A)--
       ``(A) In general.--The combined tentative tax of a taxpayer 
     for any taxable year is equal to the sum of the taxes 
     determined in accordance with the table contained in section 
     1(c) on the individual tentative taxable income of each 
     spouse for such year.
       ``(B) Individual tentative taxable income.--For purposes of 
     subparagraph (A), the individual tentative taxable income of 
     a spouse for any taxable year is equal to the excess of--
       ``(i) the sum of--

       ``(I) the earned income (as defined in section 32(c)(2)) of 
     such spouse for such year, and
       ``(II) any income received as a pension or annuity which 
     arises from an employer-employee relationship (including any 
     social security benefit (as defined in section 86(d)(1)) 
     which is includible in gross income of such spouse for such 
     year, over

       ``(ii) the sum of--

       ``(I) either--

       ``(aa) the standard deduction determined under section 
     63(c)(2)(C) for such spouse for such year, or
       ``(bb) in the case of an election under section 63(e), one-
     half of the total itemized deductions determined under 
     paragraph (2)(B)(ii)(I)(bb) for such spouse for such year, 
     and

       ``(II) one-half of the total exemption amount determined 
     under paragraph (2)(B)(ii)(II) for such year.

       ``(C) Includible social security benefit.--For purposes of 
     subparagraph (B)(i)(II), the amount of social security 
     benefit (as so defined) which is includible in gross income 
     of a spouse for any taxable year is equal to--
       ``(i) the amount which bears the same ratio to the amount 
     of social security benefit determined under paragraph 
     (2)(B)(i)(II) for such year, as
       ``(ii) such spouse's total social security benefit for such 
     year bears to the total social security benefit for both 
     spouses for such year.
       ``(d) Phaseout of Credit.--
       ``(1) In general.--The amount which would (but for this 
     subsection) be taken into account under subsection (a) shall 
     be reduced (but not below zero) by the amount determined 
     under paragraph (2).
       ``(2) Amount of reduction.--The amount determined under 
     this paragraph is the amount which bears the same ratio to 
     the amount which would be so taken into account as--
       ``(A) the excess of--
       ``(i) the taxpayer's adjusted gross income for such taxable 
     year, over
       ``(ii) $120,000, bears to
       ``(B) $20,000.
       ``(e) Inflation Adjustment.--
       ``(1) In general.--In the case of any taxable year 
     beginning after 2004, the $1,700 amount referred to in 
     subsection (b) and the $120,000 amount referred to in 
     subsection (d)((2)(A)(ii) shall be increased by an amount 
     equal to--
       ``(A) such dollar amount, multiplied by
       ``(B) the cost-of-living adjustment determined under 
     section (1)(f)(3) for the calendar year in which the taxable 
     year begins, by substituting `2003' for `1992'.
       ``(2) Rounding.--If the $1,700 amount (as so referred) and 
     the $120,000 amount (as so referred) as adjusted under 
     paragraph (1) is not a multiple of $25 and $50, respectively, 
     such amount shall be rounded to the nearest multiple of $25 
     and $50, respectively.''.
       (b) Conforming Amendment.--The table of sections for 
     subpart A of part IV of subchapter A of chapter 1 is amended 
     by inserting after the item relating to section 25A the 
     following new item:

``Sec. 25B. Marriage credit.''

[[Page 5925]]

       (c) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2000.

     SEC. 3. MARRIAGE PENALTY RELIEF FOR EARNED INCOME CREDIT.

       (a) In General.--Section 32(b) (relating to percentages and 
     amounts) is amended--
       (1) by striking ``Percentages.--The credit'' in paragraph 
     (1) and inserting ``Percentages.--
       ``(A) In general.--Subject to subparagraph (B), the 
     credit'',
       (2) by adding at the end of paragraph (1) the following new 
     subparagraph:
       ``(B) Joint returns.--In the case of a joint return, the 
     phaseout percentage determined under subparagraph (A)--
       ``(i) in the case of an eligible individual with 1 
     qualifying child shall be decreased by 1.87 percentage 
     points, and
       ``(ii) in the case of an eligible individual with 2 or more 
     qualifying child shall be decreased by 2.01 percentage 
     points.'',
       (3) by striking ``amounts.--The earned'' in paragraph (2) 
     and inserting ``amounts.--
       ``(A) In general.--Subject to subparagraph (B), the 
     earned'', and
       (4) by adding at the end the following new subparagraph:
       ``(B) Joint returns.--In the case of a joint return, the 
     phaseout amount determined under subparagraph (A) shall be 
     increased by $2,000.''.
       (b) Inflation Adjustment.--Paragraph (1)(B) of section 
     32(j) (relating to inflation adjustments) is amended to read 
     as follows:
       ``(B) the cost-of-living adjustment determined under 
     section 1(f)(3) for the calendar year in which the taxable 
     year begins, determined--
       ``(i) in the case of amounts in subsections (b)(2)(A) and 
     (i)(1), by substituting `calendar year 1995' for `calendar 
     year 1992' in subparagraph (B) thereof, and
       ``(ii) in the case of the $2,000 amount in subsection 
     (b)(2)(B), by substituting `calendar year 2000' for `calendar 
     year 1992' in subparagraph (B) of such section 1.''.
       (c) Rounding.--Section 32(j)(2)(A) (relating to rounding) 
     is amended by striking ``subsection (b)(2)'' and inserting 
     ``subsection (b)(2)(A) (after being increased under 
     subparagraph (B) thereof)''.
       (d) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2000.

     SEC. 4. PRESERVE FAMILY TAX CREDITS FROM THE ALTERNATIVE 
                   MINIMUM TAX.

       (a) In General.--Subsection (a) of section 26 of the 
     Internal Revenue Code of 1986 (relating to limitation based 
     on tax liability; definition of tax liability) is amended to 
     read as follows:
       ``(a) Limitation Based on Amount of Tax.--The aggregate 
     amount of credits allowed by this subpart for the taxable 
     year shall not exceed the sum of--
       ``(1) the taxpayer's regular tax liability for the taxable 
     year reduced by the foreign tax credit allowable under 
     section 27(a), and
       ``(2) the tax imposed for the taxable year by section 
     55(a).''.
       (b) Conforming Amendments.--
       (1) Subsection (d) of section 24 of such Code is amended by 
     striking paragraph (2) and by redesignating paragraph (3) as 
     paragraph (2).
       (2) Section 32 of such Code is amended by striking 
     subsection (h).
       (3) Section 904 of such Code is amended by striking 
     subsection (h) and by redesignating subsections (i), (j), and 
     (k) as subsections (h), (i), and (j), respectively.
       (c) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2001.

                          ____________________



                          NOTICES OF HEARINGS


                 committee on rules and administration

  Mr. McCONNELL. Mr. President, I wish to announce that the Committee 
on Rules and Administration will meet at 9:30 a.m., Wednesday, April 
26, 2000, in room SR-301 Russell Senate Office Building, to receive 
testimony on citizen participation in the political process.
  For further information concerning this meeting contact Hunter Bates 
at the Rules Committee on 4-6352.


                      committee on indian affairs

  Mr. CAMPBELL. Mr. President, I would like to announce that the 
Committee on Indian Affairs will meet during the session of the Senate 
on Wednesday, April 26, 2000, at 9:30 a.m. to conduct a business 
meeting on pending legislation (TBA), followed immediately by a hearing 
on draft legislation to reauthorize the Indian sections of the 
Elementary and Secondary Education Act. The hearing will be held in the 
committee room, 485 Russell Senate Building.
  Those wishing additional information may contact the committee at 
(202) 224-2251.


           committee on agriculture, nutrition, and forestry

  Mr. LUGAR. Mr. President, I would like to announce that the Committee 
on Agriculture, Nutrition, and Forestry will meet on April 27, 2000, in 
SD-106 at 9 a.m. The purpose of this meeting will be consider the 
nomination of Michael V. Dunn to be a member of the Farm Credit 
Administration Board, Farm Credit Administration, and to examine 
pending legislation on agriculture concentration of ownership and 
competitiveness.


 subcommittee on national parks, historic preservation, and recreation

  Mr. THOMAS. Mr. President, I would like to announce for the 
information of the Senate and the public that a hearing has been 
scheduled before the Subcommittee on National Parks, Historic 
Preservation, and Recreation of the Committee on Energy and Natural 
Resources. The purpose of this hearing is to receive testimony on S. 
1438, a bill to establish the National Law Enforcement Museum on 
Federal land in the District of Columbia; S. 1921, a bill to authorize 
the placement within the site of the Vietnam Veterans Memorial of a 
plaque to honor Vietnam veterans who died after their service in the 
Vietnam war, but as a direct result of that service; S. 2231 and H.R. 
2879, bills to provide for the placement at the Lincoln Memorial of a 
plaque commemorating the speech of Martin Luther King, Jr., known as 
the ``I Have A Dream'' speech; S. 2343, a bill to amend the National 
Historic Preservation Act for purposes of establishing a national 
historic lighthouse preservation program; S. 2352, a bill to designate 
portions of the Wekiva River and associated tributaries as a component 
of the National Wild and Scenic Rivers System: H.R. 1749, a bill to 
designate Wilson Creek in Avery and Caldwell Counties, North Carolina, 
as a component of the National Wild and Scenic Rivers Systems; and H.R. 
3201, a bill to authorize the Secretary of the Interior to study the 
suitability and feasibility of designating the Carter G. Woodson Home 
in the District of Columbia as a national historic site, and for other 
purposes.
  The hearing will take place on Thursday, April 27, 2000, at 2:30 p.m. 
in room SD-366 of the Dirksen Senate Office Building in Washington, DC.
  Because of the limited time available for the hearing, witnesses may 
testify by invitation only. However, those wishing to submit written 
testimony for the hearing record should send two copies of the 
testimony to the Committee on Energy and Natural Resources, United 
States Senate, SD-364 Dirksen Senate Office Building, Washington, DC 
20510-6150.
  For further information, please contact Jim O'Toole or Kevin Clark of 
the committee staff at (202) 224-6969.

                          ____________________



                    AUTHORITY FOR COMMITTEES TO MEET


            Committee on Banking, Housing, and Urban Affairs

  Mr. KYL. Mr. President, I ask unanimous consent that the Committee on 
Banking, Housing, and Urban Affairs be authorized to meet during the 
session of the Senate on Tuesday, April 25, 2000, to conduct a hearing 
on ``Delays in Funding Mass Transit.''
  The PRESIDING OFFICER. Without objection, it is so ordered.


                       Committee on the Judiciary

  Mr. KYL. Mr. President, I ask unanimous consent that the Committee on 
the Judiciary be authorized to meet to conduct a hearing on Tuesday, 
April 25, 2000, at 9:30 a.m., in SD-226.
  The PRESIDING OFFICER. Without objection, it is so ordered.


            Subcommittee on International Trade and Finance

  Mr. KYL. Mr. President, I ask unanimous consent that the Subcommittee 
on International Trade and Finance of the Committee on Banking, 
Housing, and Urban Affairs be authorized to meet during the session of 
the Senate on Thursday, April 27, 2000, to conduct a hearing on ``The 
International Monetary Fund and International Financial Institutions.''
  The PRESIDING OFFICER. Without objection, it is so ordered.


                    Subcommittee on Water and Power

  Mr. KYL. Mr. President, I ask unanimous consent that the Subcommittee 
on Water and Power of the Committee on Energy and Natural Resources be 
authorized to meet during the session of the Senate on Tuesday, April 
25 at

[[Page 5926]]

2:30 p.m. to conduct a hearing. The subcommittee will receive testimony 
on S. 2239, a bill to authorize the Bureau of Reclamation to provide 
cost sharing for the endangered fish recovery implementation programs 
for the Upper Colorado River and San Juan River basins.
  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________



                  NRC FAIRNESS IN FUNDING ACT OF 1999

  On April 13, 2000, the Senate amended and passed S. 1627, as follows:

                                S. 1627

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``NRC 
     Fairness in Funding Act of 2000''.
       (b) Table of Contents.--The table of contents of this Act 
     is as follows:

Sec. 1. Short title; table of contents.

                            TITLE I--FUNDING

Sec. 101. Nuclear Regulatory Commission annual charges.
Sec. 102. Nuclear Regulatory Commission authority over former licensees 
              for decommissioning funding.
Sec. 103. Cost recovery from Government agencies.

                       TITLE II--OTHER PROVISIONS

Sec. 201. Office location.
Sec. 202. License period.
Sec. 203. Elimination of NRC antitrust reviews.
Sec. 204. Gift acceptance authority.
Sec. 205. Carrying of firearms by licensee employees.
Sec. 206. Unauthorized introduction of dangerous weapons.
Sec. 207. Sabotage of nuclear facilities or fuel.

                            TITLE I--FUNDING

     SEC. 101. NUCLEAR REGULATORY COMMISSION ANNUAL CHARGES.

       Section 6101 of the Omnibus Budget Reconciliation Act of 
     1990 (42 U.S.C. 2214) is amended--
       (1) in subsection (a)(3), by striking ``September 30, 
     1999'' and inserting ``September 20, 2005''; and
       (2) in subsection (c)--
       (A) in paragraph (1), by inserting ``or certificate 
     holder'' after ``licensee''; and
       (B) by striking paragraph (2) and inserting the following:
       ``(2) Aggregate amount of charges.--
       ``(A) In general.--The aggregate amount of the annual 
     charges collected from all licensees and certificate holders 
     in a fiscal year shall equal an amount that approximates the 
     percentages of the budget authority of the Commission for the 
     fiscal year stated in subparagraph (B), less--
       ``(i) amounts collected under subsection (b) during the 
     fiscal year; and
       ``(ii) amounts appropriated to the Commission from the 
     Nuclear Waste Fund for the fiscal year.
       ``(B) Percentages.--The percentages referred to in 
     subparagraph (A) are--
       ``(i) 98 percent for fiscal year 2001;
       ``(ii) 96 percent for fiscal year 2002;
       ``(iii) 94 percent for fiscal year 2003;
       ``(iv) 92 percent for fiscal year 2004; and
       ``(v) 88 percent for fiscal year 2005.''.

     SEC. 102. NUCLEAR REGULATORY COMMISSION AUTHORITY OVER FORMER 
                   LICENSEES FOR DECOMMISSIONING FUNDING.

       Section 161i. of the Atomic Energy Act of 1954 (42 U.S.C. 
     2201(i)) is amended--
       (1) by striking ``and (3)'' and inserting ``(3)''; and
       (2) by inserting before the semicolon at the end the 
     following: ``, and (4) to ensure that sufficient funds will 
     be available for the decommissioning of any production or 
     utilization facility licensed under section 103 or 104b., 
     including standards and restrictions governing the control, 
     maintenance, use, and disbursement by any former licensee 
     under this Act that has control over any fund for the 
     decommissioning of the facility''.

     SEC. 103. COST RECOVERY FROM GOVERNMENT AGENCIES.

       Section 161w. of the Atomic Energy Act of 1954 (42 U.S.C. 
     2201(w)) is amended--
       (1) by striking ``, or which operates any facility 
     regulated or certified under section 1701 or 1702,'';
       (2) by striking ``483a'' and inserting ``9701''; and
       (3) by inserting before the period at the end the 
     following: ``, and, commencing October 1, 2000, prescribe and 
     collect from any other Government agency any fee, charge, or 
     price that the Commission may require in accordance with 
     section 9701 of title 31, United States Code, or any other 
     law''.

                       TITLE II--OTHER PROVISIONS

     SEC. 201. OFFICE LOCATION.

       Section 23 of the Atomic Energy Act of 1954 (42 U.S.C. 
     2033) is amended by striking ``; however, the Commission 
     shall maintain an office for the service of process and 
     papers within the District of Columbia''.

     SEC. 202. LICENSE PERIOD.

       Section 103c. of the Atomic Energy Act of 1954 (42 U.S.C. 
     2133(c)) is amended--
       (1) by striking ``c. Each such'' and inserting the 
     following:
       ``c. License Period.--
       ``(1) In general.--Each such''; and
       (2) by adding at the end the following:
       ``(2) Combined licenses.--In the case of a combined 
     construction and operating license issued under section 
     185(b), the initial duration of the license may not exceed 40 
     years from the date on which the Commission finds, before 
     operation of the facility, that the acceptance criteria 
     required by section 185(b) are met.''.

     SEC. 203. ELIMINATION OF NRC ANTITRUST REVIEWS.

       Section 105 of the Atomic Energy Act of 1954 (42 U.S.C. 
     2135) is amended by adding at the end the following:
       ``(d) Applicability.--Subsection (c) shall not apply to an 
     application for a license to construct or operate a 
     utilization facility under section 103 or 104(b) that is 
     pending on or that is filed on or after the date of enactment 
     of this subsection.''.

     SEC. 204. GIFT ACCEPTANCE AUTHORITY.

       (a) In General.--Section 161g. of the Atomic Energy Act of 
     1954 (42 U.S.C. 2201(g)) is amended--
       (1) by inserting ``(1)'' after ``(g)'';
       (2) by striking ``this Act;'' and inserting ``this Act; 
     or''; and
       (3) by adding at the end the following:
       ``(2) accept, hold, utilize, and administer gifts of real 
     and personal property (not including money) for the purpose 
     of aiding or facilitating the work of the Nuclear Regulatory 
     Commission.''.
       (b) Criteria for Acceptance of Gifts.--
       (1) In general.--Chapter 14 of title I of the Atomic Energy 
     Act of 1954 (42 U.S.C. 2201 et seq.) is amended by adding at 
     the end the following:

     ``SEC. 170C. CRITERIA FOR ACCEPTANCE OF GIFTS.

       ``(a) In General.--The Commission shall establish written 
     criteria for determining whether to accept gifts under 
     section 161g.(2).
       ``(b) Considerations.--The criteria under subsection (a) 
     shall take into consideration whether the acceptance of the 
     gift would compromise the integrity of, or the appearance of 
     the integrity of, the Commission or any officer or employee 
     of the Commission.''.
       (2) Conforming and technical amendments.--The table of 
     contents of chapter 14 of title I of the Atomic Energy Act of 
     1954 (42 U.S.C. prec. 2011) is amended by adding at the end 
     the following:

``Sec. 170C. Criteria for acceptance of gifts.''.

     SEC. 205. CARRYING OF FIREARMS BY LICENSEE EMPLOYEES.

       (a) In General.--Chapter 14 of title I of the Atomic Energy 
     Act of 1954 (42 U.S.C. 2201 et seq.) (as amended by section 
     204(b)) is amended--
       (1) in section 161, by striking subsection k. and inserting 
     the following:
       ``(k) authorize to carry a firearm in the performance of 
     official duties such of its members, officers, and employees, 
     such of the employees of its contractors and subcontractors 
     (at any tier) engaged in the protection of property under the 
     jurisdiction of the United States located at facilities owned 
     by or contracted to the United States or being transported to 
     or from such facilities, and such of the employees of persons 
     licensed or certified by the Commission (including employees 
     of contractors of licensees or certificate holders) engaged 
     in the protection of facilities owned or operated by a 
     Commission licensee or certificate holder that are designated 
     by the Commission or in the protection of property of 
     significance to the common defense and security located at 
     facilities owned or operated by a Commission licensee or 
     certificate holder or being transported to or from such 
     facilities, as the Commission considers necessary in the 
     interest of the common defense and security;'' and
       (2) by adding at the end the following:

     ``SEC. 170D. CARRYING OF FIREARMS.

       ``(a) Authority To Make Arrest.--
       ``(1) In general.--A person authorized under section 161k. 
     to carry a firearm may, while in the performance of, and in 
     connection with, official duties, arrest an individual 
     without a warrant for any offense against the United States 
     committed in the presence of the person or for any felony 
     under the laws of the United States if the person has a 
     reasonable ground to believe that the individual has 
     committed or is committing such a felony.
       ``(2) Limitation.--An employee of a contractor or 
     subcontractor or of a Commission licensee or certificate 
     holder (or a contractor of a licensee or certificate holder) 
     authorized to make an arrest under paragraph (1) may make an 
     arrest only--
       ``(A) when the individual is within, or is in flight 
     directly from, the area in which the offense was committed; 
     and
       ``(B) in the enforcement of--
       ``(i) a law regarding the property of the United States in 
     the custody of the Department of Energy, the Nuclear 
     Regulatory Commission, or a contractor of the Department of 
     Energy or Nuclear Regulatory Commission or a licensee or 
     certificate holder of the Commission;

[[Page 5927]]

       ``(ii) a law applicable to facilities owned or operated by 
     a Commission licensee or certificate holder that are 
     designated by the Commission under section 161k.;
       ``(iii) a law applicable to property of significance to the 
     common defense and security that is in the custody of a 
     licensee or certificate holder or a contractor of a licensee 
     or certificate holder of the Commission; or
       ``(iv) any provision of this Act that subjects an offender 
     to a fine, imprisonment, or both.
       ``(3) Other authority.--The arrest authority conferred by 
     this section is in addition to any arrest authority under 
     other law.
       ``(4) Guidelines.--The Secretary and the Commission, with 
     the approval of the Attorney General, shall issue guidelines 
     to implement section 161k. and this subsection.''.
       (b) Conforming and Technical Amendments.--The table of 
     contents of chapter 14 of title I of the Atomic Energy Act of 
     1954 (42 U.S.C. prec. 2011) (as amended by section 204(b)(2)) 
     is amended by adding at the end the following:

``Sec. 170D. Carrying of firearms.''.

     SEC. 206. UNAUTHORIZED INTRODUCTION OF DANGEROUS WEAPONS.

       Section 229a. of the Atomic Energy Act of 1954 (42 U.S.C. 
     2278a(a)) is amended in the first sentence by inserting ``or 
     subject to the licensing authority of the Commission or to 
     certification by the Commission under this Act or any other 
     Act'' before the period at the end.

     SEC. 207. SABOTAGE OF NUCLEAR FACILITIES OR FUEL.

       Section 236a. of the Atomic Energy Act of 1954 (42 U.S.C. 
     2284(a)) is amended--
       (1) in paragraph (2), by striking ``storage facility'' and 
     inserting ``storage, treatment, or disposal facility'';
       (2) in paragraph (3)--
       (A) by striking ``such a utilization facility'' and 
     inserting ``a utilization facility licensed under this Act''; 
     and
       (B) by striking ``or'' at the end;
       (3) in paragraph (4)--
       (A) by striking ``facility licensed'' and inserting ``or 
     nuclear fuel fabrication facility licensed or certified''; 
     and
       (B) by striking the period at the end and inserting ``; 
     or''; and
       (4) by adding at the end the following:
       ``(5) any production, utilization, waste storage, waste 
     treatment, waste disposal, uranium enrichment, or nuclear 
     fuel fabrication facility subject to licensing or 
     certification under this Act during construction of the 
     facility, if the person knows or reasonably should know that 
     there is a significant possibility that the destruction or 
     damage caused or attempted to be caused could adversely 
     affect public health and safety during the operation of the 
     facility.''.

                          ____________________



                  ORDERS FOR WEDNESDAY, APRIL 26, 2000

  Mr. THOMPSON. Mr. President, I ask unanimous consent that when the 
Senate completes its business today, it adjourn until the hour of 10 
a.m. on Wednesday, April 26. I further ask unanimous consent that on 
Wednesday, immediately following the prayer, the Journal of proceedings 
be approved to date, the morning hour be deemed expired, and the time 
for the two leaders be reserved for their use later in the day.
  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________



                                PROGRAM

  Mr. THOMPSON. Mr. President, tomorrow morning when the Senate 
convenes, it is expected that the veto message on the nuclear waste 
bill will arrive. Under the rule, when the Senate receives the veto 
message, the Senate will immediately begin debate on overriding the 
President's veto. It is hoped that an agreement can be made with regard 
to debate time on this important legislation.
  The cloture motion on the substitute amendment to the marriage 
penalty tax bill is still pending. That vote will occur immediately 
following the adoption of the motion to proceed to the victims' rights 
resolution. Therefore, a few votes could occur tomorrow afternoon or 
evening.

                          ____________________



                         ORDER FOR ADJOURNMENT

  Mr. THOMPSON. If there is no further business to come before the 
Senate, I now ask that the Senate stand in adjournment under the 
previous order following the remarks of Senator Dorgan.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The Senator from North Dakota is recognized.

                          ____________________



                              ARMS CONTROL

  Mr. DORGAN. Today, in the Washington Post, there was a story 
headlined ``U.S. Arms Policy is Criticized at the United Nations.'' The 
occasion of the criticism comes at the beginning of the conference to 
review the status of the Nuclear Non-Proliferation Treaty which opened 
yesterday at the United Nations in New York. This conference occurs 
once every 5 years. It is a conference on the status of the Nuclear 
Non-Proliferation Treaty. I would like to read the first paragraph of 
the story in the Washington Post because it is really quite a sad day 
when our country is described in the following way:

       After years of championing international attempts to halt 
     the spread of nuclear weapons, the United States found itself 
     on the defensive today as a broad alliance of arms control 
     advocates, senior United Nations officials, and diplomats 
     from nonnuclear countries charged that Washington is blocking 
     progress toward disarmament.

  Well, that is not something any of us aspires to hear. I hope and I 
believe that many of my colleagues want the United States to be seen as 
a leader in trying to stop the spread of nuclear weapons and in trying 
to reduce the number of nuclear weapons in this world. Regrettably, 
others view the actions of the United States--especially in the last 
few years--as actions that are not actions of a leader in trying to 
stop the spread of nuclear weapons.
  We have made some progress over recent years in reducing the number 
of nuclear weapons. I want to describe how because I think it is 
important to understand it.
  I ask unanimous consent to show two items on the floor of the Senate.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. DORGAN. Mr. President, this is a piece of metal that comes from 
the wing strut of a Russian TU-160 Backfire bomber. This bomber carried 
nuclear weapons during the height of the cold war. This bomber was a 
threat to the United States of America.
  How is it that I stand on the floor of the Senate holding a piece of 
a wing strut from a Russian bomber? Did we shoot it down? No. It was 
actually sawed off the wing. Giant, rotating metal saws cut the wings 
off this bomber. Why? Because we negotiated an agreement with the 
Russians to reduce the number of bombers and missiles and nuclear 
warheads in Russia. We reduced our stockpile and our delivery 
mechanisms, and they reduced theirs. So without shooting down a bomber 
that carried nuclear bombs that threatened America, I now have in my 
hand a piece of a wing from a Russian bomber--because arms control 
works. We know it works.
  This chart shows what arms control has done in recent years. In the 
1980s we ratified the Intermediate Range Nuclear Forces Treaty, and in 
the 1990s we ratified the first Strategic Arms Reduction Treaty, or 
START I. When we started the process in the mid-1980s, the Russians--or 
then the Soviet Union--had about 11,000 nuclear weapons on long range 
missiles. Today Russia has about 5,000. That means that 6,000 warheads 
are now gone. Many of those warheads were probably carried in the 
Russian Backfire bomber this piece comes from. So 6,000 warheads no 
longer threaten the United States of America.
  Do you know what that represents--6,000 warheads with the kind of 
strength and power of the nuclear warheads the Russians used to build? 
That is equal to 175,000 Hiroshima bombs. Let me say that again. We 
have actually negotiated the reduction of nuclear warheads in the 
Russian arsenal, and 6,000 warheads are gone. Those 6,000 warheads 
represented the equivalent of 175,000 atomic bombs dropped on 
Hiroshima. That is quite remarkable.
  This is a small container of ground-up copper wire. This copper wire 
used to run through a Russian ballistic missile submarine. This type of 
submarine, a Typhoon class submarine that snaked under the waters 
throughout the world carrying 20 missiles, with 10 nuclear warheads on 
the tip of each of those missiles, aimed at the United States of 
America. This copper wire, before it was ground up, used to course 
through this Typhoon submarine. But now I

[[Page 5928]]

have the wire from a Typhoon submarine ground up in a small vial. How 
did I get that? Did we sink this submarine? Did we go to war with 
Russia and sink this submarine? No. This was dismantled, brought up to 
the port, and then engineers, carpenters, and others took this apart 
piece by piece, and this submarine doesn't exist anymore.
  This submarine was taken apart as part of the Nunn-Lugar program to 
reduce delivery systems and nuclear weapons in the old Soviet Union and 
in what we now refer to as Russia. We have spent $2.5 billion on the 
Nunn-Lugar program. We have actually paid for the destruction of 
Russian bombers. We have paid for the destruction of Russian 
intercontinental ballistic missiles, 5,000 nuclear warheads, 471 ICBMs, 
and 354 ICBM silos, 12 ballistic missile submarines.
  I have had charts on the Senate floor that show a plot of ground in 
the Ukraine where a missile silo existed with a nuclear warhead aimed 
at the United States of America, and now the silo is gone. I have held 
up a piece of metal from the hinge of the silo on the floor of the 
Senate. That hinge and that missile silo are now scrap metal. The silo 
is gone, the missile is gone, the warhead doesn't exist, and there is 
now a plot of ground with sunflowers. Where a nuclear missile used to 
rest, sunflowers now grow. That is progress. That is real progress in 
reducing the threat of nuclear weapons.
  What about the future? If this is what has happened and this is 
success, what about the future? Well, this success occurred under 
decisions by Congress--not in the last several years, but years before 
that--in which we said: We are the leaders in arms reduction and arms 
control. Our country wants to provide leadership. We want to reduce the 
number of warheads, reduce the number of bombers and missiles, reduce 
the tensions. And we have done that.
  But in the last several years, something dramatic has changed in the 
Congress. No. 1, we saw the Senate defeat the Comprehensive Nuclear 
Test Ban Treaty. It was almost unthinkable to me, but this Senate said: 
This country doesn't want to ratify a Comprehensive Nuclear Test Ban 
Treaty even though we have already decided that the United States is 
not going to test nuclear weapons. We decided that unilaterally some 6 
or 7 years ago. So we are not testing nuclear weapons. A treaty that 
has been signed by over 150 nations, negotiated over many years, 
ratified by most of our allies, was not ratified by the Senate because 
we have Senators who say, no, we don't think that is in the country's 
interest.
  Well, if it is not in this country's interest to reduce the stockpile 
of nuclear weapons and to stop the testing of nuclear weapons, stop the 
spread of nuclear weapons around the world, what on earth is in this 
country's interest? After the Senate failed to ratify that treaty, 
those who voted against the treaty blamed everyone but themselves. That 
treaty languished in the committee here in the Senate for over 2 years 
without a day of hearings--not one. Then it was brought to the floor on 
a preemptory basis, given short shrift in debate, and killed.
  Those who killed that treaty should not have taken much pleasure in 
putting this country in the position of failing to exert leadership 
with respect to the nonproliferation of nuclear weapons and the ban on 
testing nuclear weapons all around the world.
  Last week, the Russian Duma ratified START II. Prior to that, the 
Russians passed the Comprehensive Nuclear Test-Ban Treaty. While that 
is happening, this country is talking about building a national missile 
defense system and trying to negotiate with Russia changes in the 
antiballistic missile system which in many ways is the linchpin for all 
of this progress in arms control and arms reduction.
  And what happens? Yesterday at the United Nations we have diplomats 
looking at Russia and saying: You are making a lot of progress here, 
Russia. You have passed the Comprehensive Nuclear Test-Ban Treaty. You 
ratified that treaty, you passed START II, congratulations.
  And the United States: You have lost your edge, you are not doing 
much. You seem to be retreating on the question of whether you care 
about arms control. You seem to be stepping back from your commitment 
of stopping the spread of nuclear weapons and working as hard as you 
worked previously to reduce the number of delivery vehicles and reduce 
the number of nuclear weapons.
  I regret that is the case. That should not be the case. It cannot be 
a judgment of conservatives or liberals or Democrats or Republicans to 
believe that somehow it falls to someone else to be a leader in the 
world, to stop the spread of nuclear weapons. Do we worry that the 
nuclear club--a rather small club in this world consisting of nations 
that possess nuclear weapons--do we worry that is going to proliferate, 
there will be more and more nations that possess nuclear weapons, and 
more and more nations that have the mechanism or the wherewithal to 
deliver those nuclear weapons? We should certainly worry about that.
  Even with START II, the U.S. and Russia will each have about 3,500 
nuclear weapons. Hopefully we will begin negotiations of START III and 
agree to much lower levels. As we do that, we have people in this 
Chamber who want to focus not on arms control but on building some kind 
of a national missile defense system, some sort of a shield to prevent 
America from being attacked by a rogue nation.
  We need to understand the only country in the world that possesses 
the strength and the nuclear power to destroy our way of life is 
Russia. They still have thousands of nuclear weapons. We ought to 
engage with them in an aggressive START III negotiation and continue 
the progress of bringing down the number of nuclear weapons in the two 
major nuclear superpowers--Russia and the United States. We ought to 
continue that.
  I know we have people here who don't sleep at night because they are 
worried that North Korea might threaten a small slice of the United 
States. But they should realize that, No. 1, a national missile 
defense, if deployed, will be horribly costly. No. 2, it will not 
protect this country against this kind of a threat. Those people say to 
the American people that Congress will fund a national missile defense 
program to defend against a rogue nation--North Korea, they suggest, 
Iraq or Iran. The fact is, the least likely threat is that a rogue 
nation would have access to an intercontinental ballistic missile. If 
it acquires access to a nuclear weapon, it is far more likely to deploy 
it as a suitcase bomb put in the trunk of a rusty Yugo car at a dock in 
New York City, rather than putting it on the tip of an intercontinental 
ballistic missile and having any notion of being able to fire it with 
accuracy.
  It is much more likely they would acquire a cruise missile, which 
would be easier to acquire, much less costly, and not as technically 
difficult to deploy. Of course, the national missile defense system 
wouldn't do anything to defend against that. It is much more likely a 
rogue nation would find it more attractive to use a deadly vial of 
chemical or biological agents to threaten a superpower.
  We face a myriad of threats. There is no question about that. The 
biggest threat, in my judgment, is this country stepping away from its 
responsibility to lead and stop the spread of nuclear weapons around 
the world, and this country stepping away from its responsibility to 
decrease the number of nuclear weapons and decrease the launchers and 
delivery systems for those nuclear weapons.
  My fervent hope is that we will agree that last year's vote by which 
the Senate defeated ratification of the Comprehensive Nuclear Test-Ban 
Treaty should not signal to anyone in the world that this country is no 
longer interested in these issues. We must decide again, even though 
there is not an appetite by some in the Senate to do so, we must decide 
again that leadership in arms control is this country's responsibility. 
It is upon our shoulders that this responsibility falls. No one else 
can exert this leadership with the capability of the United States.
  If we don't exert leadership, what we will end up building new 
nuclear weapons, building new defensive systems.

[[Page 5929]]

We will start a new arms race. We will see more spending on nuclear 
weapons by China. We will see more spending on offensive weapons by 
Russia. We will see other countries joining the nuclear club because 
they will believe they should acquire nuclear weapons to represent 
their interests. We will see our allies depart from us on these issues 
because they believe abrogation of the ABM Treaty is very unwise.
  I think the majority of the American people believe the biggest 
threat to our future is the nuclear threat, the threat of a nuclear 
attack by an ever-increasing number of countries who acquire nuclear 
weapons.
  We know what works. Arms control works, negotiation works, destroying 
another superpower's bombers through negotiation by sawing off the 
wings, dismantling submarines that carry nuclear weapons: we know that 
works. It is far better to do that than to engage in the horror of a 
nuclear war from which this world will not, in my judgment, survive.
  Think for a moment about the devastation visited upon Nagasaki and 
Hiroshima and go back to what I discussed earlier--the reduction in 
6,000 nuclear warheads that has been negotiated and accomplished. That 
is just the first step, a big step, but just the first step. It 
represents the reduction in nuclear warheads equivalent to 175,000 
bombs the size of the bomb that was dropped on Hiroshima.
  The reason I come to the floor at the end of the day is simply to say 
we ought not take any pride as a country in seeing an article in the 
press of the United States suggesting somehow we have lost our will to 
lead on this issue. We can come to the floor and debate 100 things in 
100 days. Some of them are big; some of them are small. None are more 
important, in my judgment, than addressing the issue of the spread of 
nuclear weapons. Just because we have people now serving in Congress 
who have an unending appetite to keep building new weapons, an unending 
appetite to spend more money on new weapons, does not mean those who 
believe in arms control and believe real progress in arms control will 
make this a safer world in which to live, should step aside and say: 
Yes, you win; go build your weapons.
  We ought not do that, but we ought to wage the fight for a safer 
world by having this country exhibit the leadership it needs to 
exhibit, that it should responsibly exhibit, for the safety of all the 
people who live in this world.
  I will have more to say about this subject at another time. But on 
the eve of the meeting of the NPT Review Conference in New York, I 
wanted to talk about these issues. I want to say that some in Congress 
believe very strongly and feel very deeply that the future of our 
children and grandchildren and the future of this country rests on 
those who believe in arms control prevailing in this Senate, despite 
the recent events, despite the debate we have heard in the last couple 
of years. This issue is not over. Those of us who believe as I do are 
not going to go away. We hope this country will assume some sensible 
mantle of leadership in this important area.
  The PRESIDING OFFICER. The Senator from Alabama.
  Mr. SESSIONS. I ask unanimous consent that I be allowed to speak in 
morning business for 7 minutes.
  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________



                         THE NUCLEAR WASTE BILL

  Mr. SESSIONS. Mr. President, I understand at this time the President 
is considering vetoing the nuclear waste bill that passed here by a 
substantial majority. That is very troubling to me. It is time for us 
to dispose of nuclear waste. We have the capability. The citizens of 
America, through their electric bills, have paid billions of dollars to 
build this waste disposal area out in the Nevada desert to place this 
nuclear waste--which is not explosive. It is simply radioactive and it 
is placed in the right kind of containers and will be placed in the 
ground of the desert of Nevada where we exploded 1,000 bombs on top of 
the ground in developing our nuclear bombing capability. But every 
nuclear electric-generating plant in America produces some waste. That 
waste is being stored on site. We agreed some years ago to create this 
fund and to store this waste. Now, every time we come to this Senate, 
every time this debate comes up for a vote, a majority votes for it and 
the President ends up vetoing it and we fall just short of the number 
of votes to override that veto.
  Through an unusual number of circumstances, I have become somewhat 
familiar with the concerns involving energy and nuclear power in 
America. I formed a very clear opinion of what we have to do if we are 
going to meet the demands for power and the demand to clean up the 
atmosphere. The Kyoto treaty, which the President signed and the Vice 
President supported, the executive branch made an amazing agreement 
that we would reduce our greenhouse gas emissions by 7 percent from 
1990 levels by 2012 or 2010--the exact year escapes me.
  Since that time, our demand for energy has increased. Since 1990, our 
emissions of greenhouse gases have increased by 8 percent. By the year 
2012, if we were to comply with the agreement the President tried to 
commit us to, we would have to reduce, from this day, 15 percent of our 
greenhouse gas emissions when we know our demands for energy are going 
to increase between now and 2010. This is a box we cannot get out of; 
not under present plans.
  There was a marvelous 2-hour show on Sunday night on public 
television's ``Frontline'' on greenhouse gases and the potential of 
global warming. They went over all the issues at that time. I think it 
was tilted slightly more than the science indicates that we are in a 
period of global warming, but it does appear we may be. We need to be 
thinking about that. But the scientists and experts I have talked with 
say we cannot meet those goals without nuclear power.
  Mr. President, 20 percent of the electricity in this country is 
produced by nuclear power, but we have not approved a new plant since 
the 1970s. France has over 60 percent--soon to be 80 percent--of its 
power generated by nuclear power. Japan also has a large percentage 
generated by it. In the United States, we have never lost a life as a 
result of nuclear power. Nuclear power produces, as you know, no 
pollution for the atmosphere--zero. Huge amounts--20 percent--of our 
electric power is produced by nuclear power with no emissions out 
there.
  We have a crisis in our energy policy with regard to fuel oil and our 
domestic production since 1992, when this administration took office. 
The reason I am talking about that is I believe there is a no-growth, 
antienergy policy that is made a part of our American policy under the 
Clinton-Gore administration. They do not believe in production of 
greater amounts of energy. We have reduced our domestic production of 
oil by 17 percent since 1992. Yet our demand for oil and gasoline has 
increased 14 percent. That is a shocking figure. That is why we are so 
much more dependent on the Middle East, OPEC, for oil and gas. That is 
why they are able to demand higher prices. Maybe the gas companies 
added a few cents on a gallon, but almost all of that was a direct 
result of their demand for oil from the Middle East and Venezuela and 
the OPEC nations, and we virtually pay double for it.
  What that means is if your gasoline has gone up from $1 to $1.45 at 
the gas pump, that extra 45 cents is going outside of America to one of 
these OPEC nations. It is a drain on the wealth of this country, and I 
submit it does suggest it could threaten the economic prosperity we are 
enjoying today.
  How can we meet our environmental goals? How can we do that without 
thinking broadly about what is occurring? We heard recently the Vice 
President saying, with regard to nuclear power, that he does not 
support an increased reliance on nuclear power for electricity 
generation. He does not support an increased reliance on nuclear power 
for electricity generation, but he would keep open the option of 
relicensing existing nuclear plants. I think that is a stunning 
statement. That is a no-growth policy. We are going to limit greenhouse 
emissions but we are not

[[Page 5930]]

going to allow any increase in nuclear power.
  Another one of his stunning proposals is to not drill any further for 
natural gas in the deep Gulf of Mexico. There are great reserves of 
natural gas there. Natural gas, even if it breaks out of our pipeline, 
does not pollute as does oil. It is not sticky. It evaporates. It is 
not a real dangerous pollutant. And when it burns, it is the most 
efficient burning of all fossil fuels and produces the least amount of 
pollution. If we move to a cleaner energy source, natural gas is it. 
But the Vice President, who opposes nuclear power, now is opposing 
drilling for natural gas in the Gulf of Mexico. That he explicitly 
stated during his campaign in New Hampshire. In fact, he said he would 
consider rolling back the leases that have already been issued. So this 
is a dangerous time for us.
  I hope we are not moving to make unwise decisions that would, in 
effect, result in the drying up of our supply of energy and raising the 
price of energy for every American and having that money go overseas to 
foreign nations. We need to produce more nuclear power. I will be 
talking more about that in the future.
  My plea is to the President: Do not veto this bill. Let's keep 
America as a strong nuclear-powered country.

                          ____________________



                   ADJOURNMENT UNTIL 10 A.M. TOMORROW

  The PRESIDING OFFICER. The Senate, under the previous order, stands 
adjourned until 10 a.m. Wednesday, April 26, 2000.
  Thereupon, the Senate, at 6:19 p.m, adjourned until Wednesday, April 
26, 2000, at 10 a.m.

                          ____________________



                              NOMINATIONS

  Executive Nominations Received by the Senate April 25, 2000:


                          DEPARTMENT OF STATE

       BRIAN DEAN CURRAN, OF FLORIDA, A CAREER MEMBER OF THE 
     SENIOR FOREIGN SERVICE, CLASS OF MINISTER-COUNSELOR, TO BE 
     AMBASSADOR EXTRAORDINARY AND PLENIPOTENTIARY OF THE UNITED 
     STATES OF AMERICA TO THE REPUBLIC OF HAITI.
       SHARON P. WILKINSON, OF NEW YORK, A CAREER MEMBER OF THE 
     SENIOR FOREIGN SERVICE, CLASS OF MINISTER-COUNSELOR, TO BE 
     AMBASSADOR EXTRAORDINARY AND PLENIPOTENTIARY OF THE UNITED 
     STATES OF AMERICA TO THE REPUBLIC OF MOZAMBIQUE.


             CORPORATION FOR NATIONAL AND COMMUNITY SERVICE

       MARK D. GEARAN, OF MASSACHUSETTS, TO BE A MEMBER OF THE 
     BOARD OF DIRECTORS OF THE CORPORATION FOR NATIONAL AND 
     COMMUNITY SERVICE FOR A TERM OF TWO YEARS. (NEW POSITION)


                             THE JUDICIARY

       LINDA B. RIEGLE, OF NEVADA, TO BE UNITED STATES DISTRICT 
     JUDGE FOR THE DISTRICT OF NEVADA VICE JOHNNIE B. RAWLINSON, 
     ELEVATED.
       LAURA TAYLOR SWAIN, OF NEW YORK, TO BE UNITED STATES 
     DISTRICT JUDGE FOR THE SOUTHERN DISTRICT OF NEW YORK VICE 
     THOMAS P. GRIESA, RETIRED.


                         DEPARTMENT OF JUSTICE

       DANIEL G. WEBBER, JR., OF OKLAHOMA, TO BE UNITED STATES 
     ATTORNEY FOR THE WESTERN DISTRICT OF OKLAHOMA, VICE PATRICK 
     M. RYAN, RESIGNED.
       JOSE ANTONIO PEREZ, OF CALIFORNIA, TO BE UNITED STATES 
     MARSHAL FOR THE CENTRAL DISTRICT OF CALIFORNIA FOR THE TERM 
     OF FOUR YEARS VICE MICHAEL R. RAMON, RESIGNED.
       RUSSELL JOHN QUALLIOTINE, OF NEW YORK, TO BE UNITED STATES 
     MARSHAL FOR THE SOUTHERN DISTRICT OF NEW YORK FOR THE TERM OF 
     FOUR YEARS, VICE MARTIN JAMES BURKE.


                           IN THE COAST GUARD

       THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TO THE GRADE 
     INDICATED IN THE UNITED STATES COAST GUARD UNDER TITLE 14, 
     U.S.C., SECTION 211:

                            To be lieutenant

JEFFREY D. KOTSON, 0000
SEAN P. GILL, 0000
CHRISTOPHER S. KEANE, 0000
CHRISTINE N. CUTTER, 0000
RICHARD R. BEYER, 0000
ANDREW J. NORRIS, 0000
SANDRA K. SELMAN, 0000
RACHEL E. CANTY, 0000
MARK W. SKOLNICKI, 0000
KENNETH D. DAHLIN, 0000
LEWIS FISHER, JR., 0000
ERIC A. BAUER, 0000
KEIRSTEN E. CURRENT, 0000
DARCIE A. GAARE, 0000
VICTOR S. MARSH, 0000
DENNIS C. MILLER, 0000
BERNARD J. SANDY, 0000
ROBERT J. CAMPBELL, 0000
JOSEPH M. ZWACK, 0000
PATRICIA T. MITROWSKI, 0000
CRAIG A. WYATT, 0000
LUCINDA J. BOOKHAMMER, 0000
CHRISTOPHER B. RANDOLPH, 0000
JESSE L. STEVENSON, 0000
MARILYNN J. NOBLE, 0000
DANA B. TYNDALE, 0000
STACEY MERSEL, 0000
JOSE A. QUINONESQUINTANA, 0000
STEFANIE A. BARLIS, 0000
YVONNE E. NIENHUIS, 0000
AMY M. BEACH, 0000
SCOTT L. JOHNSON, 0000
DAVID C. WELCH, 0000
TROY L. SHAFFER, 0000
LOUIE C. PARKS, JR., 0000
BRIAN L. MELVIN, 0000
ANNE J. ODEGAARD, 0000
MICHAEL P. GROSS, 0000
ROXANNE TAMEZ, 0000
RICHARD D. MOLLOY, 0000
ALFORD L. DANZY, 0000
JEROME SURLES, 0000
CARI M. FIELD, 0000
JASON M. KRAJEWSKI, 0000
SEAN M. KELLY, 0000
DANA M. CASWELL, 0000
JOHN B. HALL, 0000
DOMINIQUE T. SAMONTE, 0000
ROBERT D. MUTTO, 0000
ERIK J. JENSEN, 0000
KEVIN C. ULLRICH, 0000
FELIX E. DELGADO, 0000
JOHN F. BARRESI, 0000

                    To be lieutenant (junior grade)

BRUCE C. BROWN, 0000
SIMONE S. BRISCO, 0000
CHRISTOPHER T. ONEIL, 0000
TYRONE L. JONES, JR., 0000
ROBERT L. HELTON, 0000
ROBYN A. SHAVERS, 0000
KEELI S. DARST, 0000
SCOTT A. KLINKE, 0000
CAROLYN M. BEATTY, 0000
DAVID M. WEBB, 0000
ROSEMARY P. FIRESTINE, 0000
THERESA A. MORVAY, 0000
JOSEPH T. MC GILLEY, 0000
SUSAN M. MAITRE, 0000
 LAURA E. KING, 0000
 JENNIFER S. FALACY, 0000
 MAGGIE A. MC GOWAN, 0000
 KENNETH J. WASHINGTON, 0000
 CRAIG M. JARAMILLO, 0000
 BRUCE K. WALKER, 0000
 FRANK J. FERRITTO, 0000
 DANIEL H. LYNAM, 0000
 MICHAEL J. DAPONTE, 0000
 THOMAS L. BOYLES, 0000
 GEORGE A. RUWISCH, 0000
 STEPHEN A. LOVE, 0000
 JOSEPH R. BOWES III, 0000
 PAMELA D. HOCKADAY, 0000
 RYAN D. ALLAIN, 0000
 KENDALL L. SANDERSON, 0000
 JOHN P. DEBOK, 0000
 SCOTT T. HIGMAN, 0000
 TINA L. URBAN, 0000
 JOSE A. PENA, 0000
 ANGELA L. COOPER, 0000
 LAMONT S. BAZEMORE, 0000
 VIVIANNE W. LOUIE, 0000
 TARA D. PETTIT, 0000
 JASON B. FLENNOY, 0000
 KATHLEEN A. MOSKAL, 0000
 CHANCE C. GREEN, 0000
 CASSANDRA A. WALBERT, 0000
 COLLEEN M. OBRIEN, 0000
 JOHN A. NATALE, 0000
 LISA M. HOULIHAN, 0000
 MICHELE A. WOODRUFF, 0000
 ROBERT W. MITCHUM, 0000
 MARK M. DRIVER, 0000
 SUZANNE M. MC NALLY, 0000
 BRIAN E. MOORE, 0000
 CHRISTOPHER L. BOES, 0000
 GREG J. METE, 0000
 LANCE J. MAYFIELD, 0000
 ROCKLYN L. MC NAIR, 0000
 DAVID P. SANDAHL, 0000
 KEITH D. RAUCH, JR., 0000
 LISA H. DEGROOT, 0000
 WILLIAM M. NUNES, 0000
 KELLEY R. NICHOLSON, 0000
 PAUL D. MURPHY, 0000
 STEPHEN M. SNYDER, 0000
 DANNY G. SHAW, 0000
 KIM DONADIO, 0000
 KENNETH VAZQUEZ, 0000
 MARK A. BOTTIGLIERI, 0000
 JOHN E. HALLMAN, 0000
 CLINTON S. CARLSON, 0000
 TED C. MERCHANT, 0000
 MARK J. SHEPARD, 0000
 JEFF M. APARICIO, 0000
 ROBERTO H. TORRES, 0000
 YANG C. JONAS, 0000
 BRIAN S. SANTOS, 0000
 THEODORE Q. LAM, 0000
 PAUL W. TURNER, 0000
 JAMES B. RUSH, 0000
 LESLIE M. BRUNNSCHWEILER, 0000
 LAKISHA T. PRESSLEY, 0000
 JERVASE A. EPPS, 0000
 CEFERINO W. MANANDIC, 0000
 JASON E. SMITH, 0000
 DANIEL J. FITZGERALD, 0000
 SCOTT W. MULLER, 0000

                              To be ensign

KIMBERLY ORR, 0000


                            IN THE AIR FORCE

       THE FOLLOWING NAMED OFFICER FOR APPOINTMENT TO THE RESERVE 
     OF THE AIR FORCE TO THE GRADE INDICATED UNDER TITLE 10, 
     U.S.C., SECTION 12203:

                        To be brigadier general

COL. ROBERT E. LYTLE, 0000

       THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED 
     STATES AIR FORCE TO THE GRADE INDICATED WHILE ASSIGNED TO A 
     POSITION OF IMPORTANCE AND RESPONSIBILITY UNDER TITLE 10, 
     U.S.C., SECTION 601:

                        To be lieutenant general

LT. GEN. DONALD G. COOK, 0000

       THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED 
     STATES AIR FORCE TO THE GRADE INDICATED WHILE ASSIGNED TO A 
     POSITION OF IMPORTANCE AND RESPONSIBILITY UNDER TITLE 10, 
     U.S.C., SECTION 601:

                        To be lieutenant general

LT. GEN. ROGER G. DE KOK, 0000

       THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED 
     STATES AIR FORCE TO THE GRADE INDICATED WHILE ASSIGNED TO A 
     POSITION OF IMPORTANCE AND RESPONSIBILITY UNDER TITLE 10, 
     U.S.C., SECTION 601:

                        To be lieutenant general

MAJ. GEN. ROBERT C. HINSON, 0000

       THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED 
     STATES AIR FORCE TO THE GRADE INDICATED WHILE ASSIGNED TO A 
     POSITION OF IMPORTANCE AND RESPONSIBILITY UNDER TITLE 10, 
     U.S.C., SECTION 601:

                        To be lieutenant general

MAJ. GEN. JOHN D. HOPPER, JR., 0000

       THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED 
     STATES AIR FORCE TO THE GRADE INDICATED WHILE ASSIGNED TO A 
     POSITION OF IMPORTANCE AND RESPONSIBILITY UNDER TITLE 10, 
     U.S.C., SECTION 601:

                             To be general

LT. GEN. HAL M. HORNBURG, 0000

       THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED 
     STATES AIR FORCE TO THE GRADE INDICATED WHILE ASSIGNED TO A 
     POSITION OF IMPORTANCE AND RESPONSIBILITY UNDER TITLE 10, 
     U.S.C., SECTION 601:

                        To be lieutenant general

MAJ. GEN. JOSEPH H. WEHRLE, JR., 0000


                              IN THE ARMY

       THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED 
     STATES ARMY TO THE GRADE INDICATED UNDER TITLE 10, U.S.C., 
     SECTION 624:

                        To be brigadier general

COL. JOHN C. SCROGGINS, 0000

[[Page 5931]]




                          IN THE MARINE CORPS

       THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT IN THE UNITED 
     STATES MARINE CORPS RESERVE TO THE GRADE INDICATED UNDER 
     TITLE 10, U.S.C., SECTION 12203:

                        To be brigadier general

COL. ANDREW B. DAVIS, 0000
COL. HAROLD J. FRUCHTNICHT, 0000


                            IN THE AIR FORCE

       THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TO THE GRADE 
     INDICATED IN THE UNITED STATES AIR FORCE AND FOR REGULAR 
     APPOINTMENT (IDENTIFIED BY AN ASTERISK (*)) UNDER TITLE 10, 
     U.S.C., SECTIONS 624 AND 531:

                              To be major

DAVID C. ABRUZZI, 0000.
*ROBERTO ACOSTA, 0000.
ANTHONY J. ADAMO, 0000.
DANA M. ADAMS, 0000.
LUTHER M. ADAMS, 0000.
RICHARD J. ADAMS, 0000.
THOMAS L. ADAMS, 0000.
RONALD E. ADAMSON, 0000.
WALLACE L. ADDISON, 0000.
RUSSELL G. ADELGREN, 0000.
*GREGORY S. AGNES, 0000.
KAREN L. AGRES, 0000.
PATRICK A. AHLGRIMM, 0000.
GREGORY C. AHLQUIST, 0000.
PATRICK N. AHMANN, 0000.
VAROZ JOSEPH J. AIGNER, 0000.
PATRICIA L. AKEN, 0000.
WILLARD B. AKINS II, 0000.
ERNEST F. ALBRITTON, JR., 0000.
ALEJANDRO J. ALEMAN, 0000.
JEFFREY S. ALEXANDER, 0000.
TERRY D. ALEXANDER, 0000.
*JAMIE D. ALLEN, 0000.
*LISA C. ALLEN, 0000.
MARK E. ALLEN, 0000.
MARK S. ALLEN, 0000.
ROBERT S. ALLEN, 0000.
YOLANDA B. ALLEN, 0000.
THOMAS P. ALLISON, 0000.
JOEL O. ALMOSARA, 0000.
JOHN M. ALSPAUGH, 0000.
JOHN S. ALSUP, 0000.
THOMAS L. ALTO, 0000.
*CHRISTOPHER J. ALUOTTO, 0000.
DONATELLA D. ALVARADO, 0000.
RICHARD C. AMBURN, 0000.
STEVEN J. AMENT, 0000.
KATHLEEN F. AMPONIN, 0000.
*CURTIS R. ANDERSEN, 0000.
WILLIAM D. ANDERSEN, 0000.
BYRON B. ANDERSON, 0000.
CHRISTINA M. ANDERSON, 0000.
GREGORY D. ANDERSON, 0000.
JOHN H. ANDERSON III, 0000.
MICHAEL D. ANDERSON, 0000.
PAUL K. ANDERSON, 0000.
ROGER K. ANDERSON, 0000.
*TIMOTHY D. ANDERSON, 0000.
STEPHEN L. ANDREASEN, 0000.
KEITH E. ANDREWS, 0000.
DAVID R. ANDRUS, 0000.
JOSEPH F. ANGEL, 0000.
RICHARD A. ANSTETT, 0000.
REBECCA J. APPERT, 0000.
PAUL W. ARBIZZANI, 0000.
PAUL A. ARCHULETTA, 0000.
ANDREW P. ARMACOST, 0000.
ERIC L. ARMSTRONG, 0000.
RUSSELL K. ARMSTRONG, 0000.
DAVID C. ARNOLD, 0000.
MARK ARREDONDO, 0000.
BRUCE A. ARRINGTON, 0000.
CHRISTOPHER B. ASHBY, 0000.
GERALD F. ASHBY, 0000.
KAREN J. ASHLEY, 0000.
*MARGARETE P. ASHMORE, 0000.
JOHN R. ASKREN, 0000.
RUDOLPH E. ATALLAH, 0000.
CHRISTOPHER B. ATHEARN, 0000.
ROBIN D. ATHEY, 0000.
CHRISTOPHER L. ATTEBERRY, 0000.
LAWRENCE F. AUDET, JR., 0000
BRIAN K. AUGSBURGER, 0000
MARK C. AUSTELL, 0000
CHRISTINA A. AUSTINSMITH, 0000
RICHARD J. AUTHIER, JR., 0000
ROBERT M. BABB, 0000
*DOYLE R. BABE, 0000
SCOTT E. BABOS, 0000
MICHAEL J. BABYAK, 0000
VALORIE L. BAGGENSTOSS, 0000
AMANDA B. BAILEY, 0000
LEEMON C. BAIRD III, 0000
MARK A. BAIRD, 0000
RALPH T. BAKER, 0000
ROBERT A. BAL, 0000
DAVID D. BALDESSARI, 0000
REECE S. BALDWIN, 0000
DOUGLAS A. BALLINGER, 0000
SCOTT J. BALSITIS, 0000
KEVIN E. BANNISTER, 0000
ANTHONY E. BARBARISI, 0000
TINA M. BARBERMATTHEW, 0000
TIMOTHY D. BARCLAY, 0000
DIETER E. BAREIHS, 0000
KENNETH A. BARKER, 0000
KEVIN D. BARKER, 0000
DAVID J. BARNES, 0000
DAVID W. BARNES, 0000
JACQUELINE K. BARNES, 0000
JAMES W. BARROW, 0000
BRUCE C. BARTHOLOMEW, 0000
CATHY J. BARTHOLOMEW, 0000
ALLEN J. BARTON, 0000
RANDALL G. BASS, 0000
PETER D. BASTIEN, 0000
ANDREW H. BATTEN, 0000
MICHAEL J. BAUER, 0000
*MICHELE A. BAXTER, 0000
DAVID J. BAYLOR, 0000
CHARLES E. BEAM, 0000
JOHN D. BEAN, 0000
BARRY D. BEAVERS, 0000
MATTHEW J. BECKAGE, 0000
BRIAN R. BEERS, 0000
MICHAEL D. BEESON, 0000
PAUL R. BEGANSKY II, 0000
PAUL R. BEINEKE, 0000
ROSE M. BELL, 0000
*RUBEN L. BELL, 0000
WAYNE E. BELL, 0000
EUGENE R. BELMAIN II, 0000
DAVID B. BELZ, 0000
DANIEL W. BENEDICT, 0000
JEFFREY B. BENESH, 0000
GREGORY N. BENNETT, 0000
JAMES E. BENNETT, JR., 0000
MATTHEW A. BENNETT, 0000
ROBERT E. BENNING, 0000
LAYNE D. BENNION, 0000
JAMES M. BENSON, 0000
RALPH E. BENTLEY, 0000
SCOTT I. BENZA, 0000
JEFFREY C. BERGDOLT, 0000
KURT A. BERGO, 0000
JON M. BERGSTROM, 0000
*GEORGE B. BERIG, 0000
PATRICK E. BERTZ, 0000
DANIEL J. BESSMER, 0000
CYR LINDA K. BETHKE, 0000
CORNELIUS BETZ III, 0000
SHAWN B. BEVANS, 0000
BRUCE A. BEYERLY, 0000
CRAIG ALAN C. BIAS, 0000
BRENT D. BIGGER, 0000
TIMOTHY J. BILTZ, 0000
GREGORY A. BINGHAM, 0000
*CRAIG S. BIONDO, 0000
*DAVID R. BIRCH, 0000
BRYAN P. BIRCHEM, 0000
DANIEL A. BIRKLE, 0000
TRACEY L. BIRRI, 0000
*STEVEN T. BISHOP, 0000
TIMOTHY G. BISHOP, 0000
DEREK H. BISSINGER, 0000
CADE D. BLACK, 0000
KIMBERLY A. BLACK, 0000
MARK L. BLACK, 0000
CHRISTOPHER A. BLACKWELL, 0000
*DAVID S. BLADES, 0000
DOUGLAS C. BLAKE, 0000
PATRICIA C. BLAKE, 0000
CHARLES I. BLANK III, 0000
ALEXANDER J. BLANTON, 0000
DAVID P. BLAZEK, 0000
RICHARD T. BLECHER, 0000
GARRY M. BLOOD, 0000
DANIEL S. BLUE, 0000
*CHRISTOPHER J. BLUM, 0000
MORRIS C. BLUMENTHAL, 0000
ROBERT M. BLYTHE, 0000
MATTHEW J. BOBB, 0000
RANDY R. BODIFORD, 0000
DOUGLAS P. BODINE, 0000
KEVIN L. BOERMA, 0000
GREGORY A. BOERWINKLE, 0000
ELIZABETH S. BOGDAN, 0000
JERRY BOGERT, 0000
JAMES M. BOGUSLAWSKI, 0000
RICHARD E. BOLTON, 0000
ANTHONY F. BOND, 0000
MICHAEL H. BOND, 0000
ROBERT J. BONNEAU, 0000
MALCOLM A. BONNER, JR., 0000
JAMES I. BOOTH, 0000
ROBERT T. BOQUIST, 0000
DAVID J. BORBELY, 0000
LINDSEY J. BORG, 0000
MICHAEL F. BORGERT, 0000
MAUREEN E. BORGIA, 0000
* ROBERT ALLAN BORICH, JR., 0000
KENNETH J. BOSCHERT, 0000
JOHN L. BOSWORTH II, 0000
TODD K. BOULWARE, 0000
JAMES BOURASSA, 0000
JESSE BOURQUE, JR., 0000
ROBERT D. BOWIE, 0000
RANDELL P. BOWLING, 0000
KATHLEEN M.W. BOYD, 0000
SCOTT E. BOYD, 0000
ROBERT C. BOYLES, 0000
ANDREW R. BRABSON, 0000
* CONSTANCE J. BRADLEY, 0000
SCOTT W. BRADLEY, 0000
JUAQUIN D. BRADSHAW, 0000
ERIC P. BRAGANCA, 0000
* CARY L. BRAGG, 0000
DEBORAH J. BRANCH, 0000
JAMES A. BRANDENBURG II, 0000
JOHN A. BRANIN, 0000
STEPHEN K. BRANNAN, 0000
HELEN L. BRASHER, 0000
WILLIAM A. BRAUN, 0000
NORMITA C. BRAVO, 0000
HYPOLITE F. BREARD III, 0000
JAMES E. BRECK, JR., 0000
BRAD A. BREDENKAMP, 0000
PAUL L. BREDHOLT, 0000
PETER G. BREED, 0000
PATRICK D. BRENNAN, 0000
MICHAEL F. BRIDGES, 0000
PATRICIA ANN BRIDGES, 0000
LORING G. BRIDGEWATER, 0000
WILLIAM L. BRIGMAN, 0000
GREGORY S. BRINSFIELD, 0000
RONALD E. BRODEN, 0000
DALLAS S. BROOKS, 0000
TODD M. BROST, 0000
DAWN M. BROTHERTON, 0000
JOHN F. BROWER, 0000
BRUCE E. BROWN, JR., 0000
GREGORY K. BROWN, 0000
KEVIN W. BROWN, 0000
MICHAEL S. BROWN, 0000
RAY S. BROWN, 0000
SHERRY A. BROWN, 0000
* STEVEN P. BROWN, 0000
TIMOTHY P. BROWN, 0000
KENNETH J. BROWNELL, 0000
JOHN F. BROWNFIELD III, 0000
RICHARD A. BRUCE, 0000
ROBERT J. BRUCKNER, 0000
JERRY P. BRUMFIELD, 0000
DAVID F. BRUMMITT, 0000
DALE S. BRUNER, 0000
CHRISTOPHER J. BRUNNER, 0000
ROBERT P. BUBELLO, 0000
ROBERT B. BUCHANAN, 0000
CAMERON E. BUCHHOLTZ, 0000
PAUL A. BUGENSKE, 0000
DAVID J. BUKOVEY, 0000
KIMBERLY F. BULLOCK, 0000
DEBORAH L. BUNCH, 0000
KIRK P. BUNCH, 0000
JEFFREY B. BURCHFIELD, 0000
ROBERT G. BURGESS, 0000
PATRICK C. BURKE, 0000
RAY S. BURKE, 0000
MAHLON M. BURKET, 0000
TODD M. BURKHARDT, 0000
* JAMES J. BURKS, 0000
* RUSSELL W. BURLEY, 0000
CHRISTOPHER J. BURNS, 0000
SCOTT D. BURNSIDE, 0000
MICHAEL BURSEY, 0000
STEVEN B. BURTON, 0000
CHARLES K. BUSCH, 0000
TIMOTHY W. BUTCHER, 0000
CHRISTOPHER S. BUTLER, 0000
DONALD E. BUTLER, 0000
RUDOLPH E. BUTLER III, 0000
* ERIC J. BUTTERBAUGH, 0000
BRADLEY J. BUXTON, 0000
TODD C. BYNUM, 0000
PHILIP M. BYRD, 0000
* HENRY CABRERA, 0000
FREDERICK B. CADE, 0000
SEANN J. CAHILL, 0000
ROBERT E.J. CALEY, 0000
GREGORY B. CALHOUN, 0000
* YUVETTE V. CALHOUN, 0000
DIANE L. CALIMLIM, 0000
DANIEL J. CALLAHAN, 0000
ROBERT W. CALLAHAN, 0000
ITALO A. CALVARESI, 0000
DAVID C. CAMPASSI, 0000
JAMES C. CAMPBELL II, 0000
* MARK D. CAMPBELL, 0000
STEVEN M. CAMPBELL, 0000
MICHAEL O. CANNON, 0000
KENNETH E. CANTERBURY, 0000
JAMES M. CANTRELL, 0000
ALEJANDRO R. CANTU, 0000
BARRON D. CANTY, 0000
ROBERT J. CAPOZZELLA, 0000
EDWARD J. CARDENAS, 0000
MARGARET M. CAREY, 0000
CHRISTOPHER A. CARLSEN, 0000
DANN S. CARLSON, 0000
ERIC N. CARLSON, 0000
ERIK R. CARLSON, 0000
KARN L. CARLSON, 0000
RUSSELL L. CARLSON, 0000
ALEXANDER E. CAROTHERS, 0000
ROBERT A. CARPENTER, 0000
CHRISTOPHER F. CARPER, 0000
VINCENT M. CARR, JR., 0000
KURT J. CARRAWAY, 0000
JAY A. CARROLL, 0000
* MATTHEW D. CARROLL, 0000
AURELIA C. CARROLVERSON, 0000
DAVID J. CARTER, 0000
TERRY H. CARTER, 0000
TIM R. CARTER, 0000
JAVIER R. CASANOVA, 0000
FLAVIA CASASSOLA, 0000
GRANT S. CASE, 0000

[[Page 5932]]


JOHN E. CASEBOLT, 0000
WILLIAM M. CASHMAN, 0000
ERIC D. CASLER, 0000
HECTOR CASTILLO, 0000
MITCHELL CATANZARO, 0000
STEPHEN D. CATCHINGS, 0000
WILLIAM M. CATHEY, 0000
VINCENT K. CATICH, 0000
MARC E. CAUDILL, 0000
JAMES A. CAUGHIE, 0000
JOHN D. CAYE, 0000
* DAVID A. CEBRELLI, 0000
GARY J. CEGALIS, 0000
MARY T. CENTNER, 0000
JEFFREY D. CETOLA, 0000
* RENE J. CHADWELL, 0000
* GLENN S. CHADWICK, 0000
* JAMES E. CHALKLEY II, 0000
RICHARD M. CHAMBERS, 0000
* BARRY C. CHANCE, 0000
CHINRAN O. CHANG, 0000
MICHAEL J. CHAPA, 0000
NIKOLAS CHAPAPAS, 0000
DAVID E. CHELEN, 0000
JEN JEN CHEN, 0000
MARC L. CHERRY, 0000
THOMAS E. CHESLEY, 0000
JULIAN M. CHESNUTT, 0000
LISETTE D. CHILDERS, 0000
ERIC H. CHOATE, 0000
BOGDAN CHOMICKI, 0000
TIMOTHY CHONG, 0000
DIANE M. CHOY, 0000
MIKE G. CHRISTIAN, 0000
* JOSEPH R. CHURCH, 0000
DANIEL J. CLAIRMONT, 0000
ANDRA B. CLAPSADDLE, 0000
DOUGLAS S. CLARK, 0000
GREGORY J. CLARK, 0000
JAMES A. CLARK, 0000
JOHN A. CLARK, 0000
TREVOR M. CLARK, 0000
EDWARD P. CLARY, 0000
ROGER L. CLAYPOOLE, JR., 0000
SHERMAN M. CLAYTON, 0000
* RONALD E. CLEAVES, 0000
ARDYCE M. CLEMENTS, 0000
PATRICK G. CLEMENTS, 0000
RODNEY L. CLEMENTS, 0000
CHAD M. CLIFTON, 0000
TERENCE P. CLINE, 0000
DAVID L. CLOE, 0000
KIMBERLY L. CLOW, 0000
KEVIN J. CLOWARD, 0000
PAULA C. CLUTTER, 0000
ROBERT M. COCKRELL, 0000
ELIZABETH J. CODDINGTON, 0000
THOMAS C. COGLITORE, 0000
WILLIAM M. COKER, 0000
DARIN V. COLARUSSO, 0000
JOHN COLLEY, 0000
JOYCE L. COLLINS, 0000
WENDELL L. COLLINS, 0000
MARK E. COLUZZI, 0000
MARY E. COLYER, 0000
CHRISTOPHER A. COMEAU, 0000
JUAN T. COMMON, 0000
RONALD L. COMOGLIO, 0000
EDWARD C. COMPERRY, 0000
BRIAN D. CONANT, 0000
STEPHEN R. CONKLING, 0000
MATTHEW D. CONLAN, 0000
BRIAN D. CONLEY, 0000
MICHAEL J. CONLEY, 0000
ROFTIEL CONSTANTINE, 0000
RICHARD S. CONTE, 0000
DAYNE G. COOK, 0000
MICHAEL E. COOK, 0000
SCOTT P. COOK, 0000
TIMOTHY L. COOK, 0000
DAVID L. COOL, 0000
DOUGLAS E. COOL, 0000
WILLIAM R. COOLEY, 0000
FRANK M. COOPER, JR., 0000
DAVID J. COPPLER, 0000
THEODORE A. CORALLO, 0000
EDWARD R. CORCORAN, 0000
* ANNETTE S. CORMIER, 0000
MATTHEW J. CORNELL, 0000
SEAN C. CORNFORTH, 0000
*DAVID A. CORRELL, 0000
DEREK F. COSSEY, 0000
MICHAEL J. COSTELLO, 0000
JAMES A. COSTEY, 0000
MICHAEL J. COUBROUGH, 0000
BRIAN S. COULTRIP, 0000
PAUL E. COURTNEY, 0000
DANIEL J. COURTOIS, 0000
DEAN KAREN L. COX, 0000
DEXTER R. COX, JR., 0000
DOUGLAS A. COX, 0000
JEFFERY M. COX, 0000
JODY D. COX, 0000
MATTHEW D. COX, 0000
RICKY D. COX, 0000
KEVIN M. COYNE, 0000
WILLIAM J. CRAIG, 0000
KENNETH S. CRANE, 0000
KATHLEEN B. CRAVER, 0000
DAVID M. CREAN, 0000
BRIAN L. CREASY, 0000
JAMES A. CREWS, 0000
ANDREW A. CROFT, 0000
GIA C. CROMER, 0000
CHRISTOPHER S. CRONK, 0000
MARK G. CROSSMAN, 0000
WILLIAM P. CROWE, 0000
BRETT E. CROZIER, 0000
HAYWOOD L. CRUDUP, 0000
BRIAN P. CRUICKSHANK, 0000
*JACQUELINE CRUM, 0000
BRYAN L. CRUTCHFIELD, 0000
*KEVIN M. CRUZE, 0000
ROBERT E. CULCASI, 0000
KEVIN W. CULP, 0000
JULIA K. CUMMINGS, 0000
CARNELL C. CUNNINGHAM, 0000
JOHN T. CUNNINGHAM, 0000
KEITH A. CUNNINGHAM, 0000
KEVIN J. CUNNINGHAM, 0000
MILLER K. CUNNINGHAM, JR., 0000
MARK T. CURLEY, 0000
JARED P. CURTIS, 0000
CAROLINE M. CUTBUSH, 0000
MARC E. CWIKLIK, 0000
HENRY L. CYR, 0000
MARK G. CZELUSTA, 0000
DANIEL D. CZUPKA, 0000
DENNIS P. DABNEY, 0000
*RICHARD S. DABROWSKI, 0000
LLOYD W. DAGGETT, 0000
TODD S. DAGGETT, 0000
DORIC A. DAGNOLI, 0000
BRYAN T. DAHLEMELSAETHER, 0000
THOMAS K. DALE, 0000
BRUCE R. DALRYMPLE, 0000
MARK T. DAMIANO, 0000
*EDWARD JAMES DAMICO, 0000
MATTHEW R. DANA, 0000
RONALD K. DANCY, 0000
JON Y. DANDREA, 0000
*DANA J. DANE, 0000
RONALD M. DANIELS, 0000
MARK S. DANIGOLE, 0000
PHILIPPE R. DARCY, 0000
THAD T. DARGER, 0000
CHRISTOPHER O. DARLING, 0000
STEPHEN R. DASUTA, 0000
KEVIN J. DAUL, 0000
JUSTIN C. DAVEY, 0000
ALISON L. DAVIS, 0000
DEREK K. DAVIS, 0000
HARRY A. DAVIS, JR., 0000
JOHN E. DAVIS, 0000
KRISTI J. DAVIS, 0000
*SCOTT A. DAVIS, 0000
STEPHEN L. DAVIS, 0000
STEPHEN M. DAVIS, 0000
THEODORE L. DAVIS, JR., 0000
JAMES C. DAWKINS, JR., 0000
ALLAN E. DAY, 0000
JERI L. DAY, 0000
LA CRUZ MARTINEZ GERARDO DE, 0000
DARRELL S. DEARMAN, 0000
ROD A. DEAS, 0000
MARK O. DEBENPORT, 0000
JEFFREY A. DEBOER, 0000
MICHAEL E. DEBRECZENI, 0000
JEFFREY W. DECKER, 0000
LAURY E. DECKER, 0000
CHARLES E. DECKETT, 0000
MICHAEL E. DEE, 0000
BRENTLY G. DEEN, 0000
DARIN A. DEFENDORF, 0000
JOSEPH L. DEGRANDE, 0000
HARVEY T. DEGROOT, 0000
DENNIS L. DEITNER, 0000
PETER J. DEITSCHEL, 0000
MARLA J. DEJONG, 0000
JOHN M. DELAPP, JR., 0000
ROSLYN E. DELGADO, 0000
TONY J. DELIBERATO, 0000
JOSEPH R. DELICH, 0000
CALVIN J. DELP, 0000
MILES A. DEMAYO, 0000
MICHAELA A. DEMBOSKI, 0000
FRANKLIN L. DEMENT, 0000
*ANDRE R. DEMPSEY, 0000
JAMES E. DENBOW, 0000
TIMOTHY J. DENIS, 0000
JAMES R. DENKERT II, 0000
LEANN K. DERBY, 0000
ERIC L. DERNOVISH, 0000
*STEVEN P. DESORDI, 0000
CHRISTOPHER M. DEVAUGHN, 0000
ROBERT J. DIANTONIO, 0000
*MARK D. DIAS, 0000
ROBERT L. DIAS, 0000
RODNEY L. DICKERSON, 0000
PAUL B. DIDOMENICO, 0000
ROBIN W. DIEL, 0000
JOHN R. DIERCKS, 0000
*GRETCHEN S. DIETRICH, 0000
*MICHAEL D. DIETZ, 0000
*BOBBY R. DILLON, 0000
ANTHONY V. DIMARCO, 0000
PERCY A. DINGLE, 0000
JOHN P. DITTER, 0000
DUANE W. DIVELY, 0000
CRAIG N. DIVICH, 0000
*JON J. DIX, 0000
ANGELA M. DIXON, 0000
NORMAN K. DODDERER, 0000
DAVID W. DODGE, 0000
*TIMOTHY C. DODGE, 0000
DAVID M. DOE, 0000
RICHARD A. DOLLESIN, 0000
STEPHEN K. DONALDSON, 0000
CRAIG M. DONNELLY, 0000
PAUL B. DONOVAN, 0000
JAMES L. DOROUGH, JR., 0000
TRACY K. DORSETT III, 0000
DENIS P. DOTY, 0000
MARK R. DOUGLAS, 0000
RICHARD J. DOUGLASS, 0000
PATRICK K. DOWLING, 0000
JAMES D. DOWNARD II, 0000
MICHAEL P. DOYLE, 0000
RICHARD A. DOYLE, 0000
TY R. DRAKE, 0000
MARK H. DRAPER, 0000
*RANDON H. DRAPER, 0000
DONALD R. DRECHSLER, 0000
VANCE A. DRENKHAHN, 0000
DAVID J. DRESSEL, 0000
CORRINE K. DREYFUS, 0000
GARY T. DROUBAY, 0000
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BRIAN M. DUBROFF, 0000
LEAH C. DUDANI, 0000
MICHAEL R. DUDLEY, 0000
BRIAN P. DUFFY, 0000
DAVID T. DUHADWAY, 0000
CARL R. DUMKE, 0000
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*KEVIN C. DUNBAUGH, 0000
CYNTHIA L. DUNCAN, 0000
*JEAN E. DUNKELBERGER, 0000
DARRELL C. DUNN, 0000
LOUIS F. DUPUIS, JR., 0000
GREGORY P. DURAND, 0000
MARK H. DURAND, 0000
JAMES A. DURBIN, 0000
JAMES A. DURICY, 0000
ARTHUR M. DURKIN, JR., 0000
JOHN P. DURNFORD, 0000
RANDY Q. DURR, 0000
STEVEN L. DUTSCHMANN, 0000
CHRISTOPHER A. DYER, 0000
ANTHONY T. DYESS, 0000
ALTON D. DYKES, 0000
JEAN MARIE EAGLETON, 0000
STEPHEN M. EARLE, 0000
BILLIE S. EARLY, 0000
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DAVID P. EASTERLING, JR., 0000
JOHN K. EASTON II, 0000
PAUL B. EBERHART, 0000
ERIK H. ECKBLAD, 0000
FREDERICK A. ECKEL, 0000
*SCOTT T. ECTON, 0000
IAN A. EDDY, 0000
DAVID K. EDNEY, 0000
DANIEL C. EDWARDS, 0000
JOSEPH E. EDWARDS III, 0000
RICHARD J. EDWARDS, 0000
TRENT H. EDWARDS, 0000
TODD A. EFAW, 0000
*DEBRA J. EGAN, 0000
STEPHEN R. EGGERT, 0000
MARK D. EICHELBERGER, 0000
CHARLES D. EICHER, 0000
CHRISTOPHER J. EICHORST, 0000
PETER K. EIDE, 0000
LARRY A. EIMEN, 0000
CHRISTOPHER L. EISENBIES, 0000
ANTHONY M. ELAVSKY, 0000
NEVIN K. ELDEN, 0000
EDWARD C. ELDER III, 0000
ERIK J. ELIASEN, 0000
MICHAEL D. ELIASON, 0000
RICHARD G. ELKINS, 0000
ALAN W. ELLEDGE, 0000
JEFFREY I. ELLIS, 0000
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*NORMAN D. ELLIS, 0000
*RICHARD W. ELLIS, 0000
ALBERT M. ELTON II, 0000
VIRA EM, 0000
STEPHEN J. EMMONS, 0000
WILLIAM E. ENDRES, 0000
DOUGLAS H. ENGBERSON, 0000
DOUGLAS K. ENGELKE, 0000
RICHARD D. ENGLAND, 0000
*KENNETH R. ENGLE, 0000
*DAREL A. ENGLEKA, 0000
JOHN T. ENYEART, 0000
ROBERT L. EPPENS, 0000
*BRENT J. ERICKSON, 0000
JON J. ERICKSON, 0000
MARVIN L. ERICKSON, 0000
CHRISTINE M. ERLEWINE, 0000
BERTHA B. ESPINOSA, 0000
MARK B. ESTERBROOK, 0000
ANTHONY A. ETTESTAD, 0000
CURTIS D. EVANS, 0000
EARL A. EVANS, 0000
KERRY W. EVANS, 0000
MARK W. EVANS, 0000
*JAN T. EWING, 0000
GUS M. FADEL, 0000
GERALD L. FALEN, 0000
TIM E. FALKOWSKI, 0000
MICHAEL C. FALLERT, 0000
KEVIN W. FANNIN, 0000
GEORGE R. FARFOUR, 0000

[[Page 5933]]


JAYNE M. FARIS, 0000
CHARLES K. FARMER, 0000
*PETER W. FARNEY, 0000
*COLIN P. FARRELL, 0000
MARION J. FEATHERSTON, 0000
SAMUEL S. FEDAK, 0000
CYNTHIA J. FEESER, 0000
*MICHAEL A. FELDER, 0000
ANNE MARIE FENTON, 0000
*LAURA I. FERNANDEZ, 0000
BRYON R. FESSLER, 0000
BRUCE E. FEWKES, 0000
*DRILLER L. FIEGEL, 0000
DONALD J. FIELDEN, 0000
LAWRENCE A. FIELDS, 0000
AMY H. FIER, 0000
SHAWN D. FILBY, 0000
JONATHAN L. FINLEY, 0000
KAREN A. FINN, 0000
JOHN N. FISCH, 0000
BARRY W. FISHER, 0000
*EDWARD B. FISHER, 0000
MICHAEL R. FISHER, 0000
ERIC P. FITZ, 0000
*BRET L. FITZGERALD, 0000
NORINE PATRICIA FITZSIMMONS, 0000
MICHAEL P. FLAHERTY, 0000
TODD J. FLESCH, 0000
BRIAN J. FLETCHER, 0000
JEFFREY D. FLEWELLING, 0000
KELLY D. FLOREK, 0000
*GUSTAVO E. FLORES, 0000
RUEHL F. FLORES, 0000
RUSSELL C. FLOWERS, 0000
ROBERT L. FLOYD IV, 0000
VICTOR M. FLOYD, 0000
DAVID E. FOOTE, 0000
STEPHEN D. FORD, 0000
WILLIAM A. FORKNER, 0000
*JON A. FORNAL, 0000
ANDREAS J. FORSTNER, 0000
JUSTIN C. FORTUNE, 0000
CHRISTOPHER T. FOSTER, 0000
GREG W. FOSTER, 0000
SAMUEL L. FOSTER, 0000
JAMES R. FOURNIER, 0000
JACKSON L. FOX, 0000
JAMES P. FOX, 0000
SHAWN P. FRANCIS, 0000
BERNARD J. FRANK, 0000
GREGORY C. FRANKLIN, 0000
JEFFREY R. FRANKLIN, 0000
WENDY K. FRASER, 0000
THOMAS E. FREDERICKS, 0000
MICHAEL L. FREDLEY, 0000
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MICHAEL R. FREY, 0000
GREGORY A. FRICK, 0000
ROBERT J. FRINK, 0000
SEAN M. FRISBEE, 0000
CARL C. FULTON II, 0000
MICHAEL L. FUREY, 0000
VERNE S. FUTAGAWA, 0000
MICHAEL W. GAAL, 0000
ANNETTE S. GABLEHOUSE, 0000
RICHARD E. GADDIS, 0000
RICHARD C. GAGE, 0000
TALMADGE A. GAITHER, 0000
PAUL A. GALLAHER, 0000
RAYMOND J. GALONIS, JR., 0000
BARRY R. GAMBRELL, 0000
CHADWICK H. GARBER, 0000
JOAN H. GARBUTT, 0000
MARIA L. GARCIA, 0000
MICHAEL A. GARCIA, 0000
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*FREDDY J. GARCIAFERNANDEZ, 0000
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*ROBERT J. GARNER, 0000
RONALD P. GARRETT, 0000
JOHN A. GASNER, 0000
*GENE H. GATES, 0000
ANTHONY A. GATLIN, 0000
GRANT G. GEISLER, 0000
AARON C. GEORGE, 0000
BRIAN K. GEORGE, 0000
LYNNANE E. GEORGE, 0000
CHAD M. GERICKE, 0000
DEAN A. GERKEN, 0000
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COREY L. GERSTEN, 0000
ROBIN C. GIACONIA, 0000
MARK A. GIDDINGS, 0000
SCOTT L. GIERAT, 0000
WILLIAM GIESER, 0000
CAMERON L. GILBERT, 0000
MICHAEL E. GILBERT, 0000
RANDALL S. GILHART, 0000
JOHN D. GILLESPIE, 0000
PAUL G. GILLESPIE, 0000
SHAWN P. GILLESPIE, 0000
THOMAS J. GILLESPIE, 0000
ROBERT W. GILMORE, 0000
GARY S. GIMA, 0000
NATALIE Y. GISCOMBE, 0000
MARK A. GISI, 0000
JEROME C. GITTENS, 0000
JOHN T. GLASSELL, 0000
JERILYN A. GLICK, 0000
*BRUCE R. GLOVER, 0000
*MARK I. GLYNN, 0000
*MATTHEW E. GODA, 0000
JEFFREY S. GODDARD, 0000
REGINA T. GOFF, 0000
JEFFREY M. GOLLIVER, 0000
*ROBERT D. GOMES, 0000
TODD J. GONDECK, 0000
ALEXANDER GONZALEZ II, 0000
*BONNIE E. GOODALE, 0000
GERALD V. GOODFELLOW, 0000
OLIN H. GOODHUE, 0000
BETH A. GOODWILL, 0000
PATRICK J. GOOLEY, 0000
ANTHONY T. GORDON, 0000
GARY E. GORDON, 0000
GERARD GORDON, 0000
PENELOPE F. GORSUCH, 0000
GREGORY A. GOSSAGE, 0000
LISA M. GOSSETT, 0000
STEVEN F. GOTTSCHALK, 0000
ARTHUR P. GOUGH III, 0000
DEAN E. GOULD, 0000
CLAYTON M. GOYA, 0000
JOHNATHAN V. GRAFELMAN, 0000
SCOTT D. GRAHAM, 0000
LYNN M. GRANDGENETT, 0000
SCOTT A. GRANT, 0000
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GARY L. GRAPE, 0000
KATHLEEN M. GRASSE, 0000
ANDREW J. GRAU, 0000
ANN Y. GRAVIER, 0000
MICHAEL W. GREEN, 0000
NANCY K. GREEN, 0000
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KENNETH M. GREENSTREET, 0000
PAULA D. GREGORY, 0000
CHRISTOPHER E. GREIMAN, 0000
JOHN E. GRENIER, 0000
JOHN M. GRIFFIN, 0000
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JOY D. GRIFFITH, 0000
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JOHN T. GRIVAKIS, 0000
JANET W. GRONDIN, 0000
PAUL M. GROTELUESCHEN, 0000
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JUAN C. GUERRERO, 0000
GREGORY M. GUILLOT, 0000
PHILLIP C. GUIN, 0000
DUANE D. GUNN, 0000
DARREK L. GUSTER, 0000
MARCEL L. GUSTIN, 0000
*ALEX X. GUTIERREZTORRES, 0000
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GREGORY M. GUTTERMAN, 0000
GARY S. HAAG, 0000
*SEAN M. HACKBARTH, 0000
DAVID G. HADDEN, 0000
ROBERT D. HADLEY, 0000
GREGORY S. HAEFELE, 0000
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STEPHEN L. HAGGARD, 0000
MARK J. HAHNERT, 0000
CHRISTINE L. HALE, 0000
*SCOTT A. HALE, 0000
CLAY W. HALL, 0000
DOUGLAS C. HALL, 0000
MICHAEL J. HALLORAN, 0000
RICHARD G. HAM, 0000
DAVID S. HAMBLETON, 0000
EILEEN R. HAMBY, 0000
CHARLES T. HAMILTON, 0000
CHRISTOPHER E. HAMILTON, 0000
DANIEL E. HAMILTON, 0000
PHYLLIS A. HAMILTON, 0000
ROBERT D. HAMILTON, JR., 0000
STEPHEN T. HAMILTON, 0000
KELLY D. HAMMETT, 0000
DIANE P. M. HANF, 0000
JAMES D. HANKINS, 0000
JOHN T. HANNA, 0000
SCOTT M. HANNAN, 0000
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DAVID E. HANSEN, 0000
LISA K. HANSEN, 0000
ALFRED R. HANSON, 0000
SAMUEL M. HARBIN, 0000
DOUGLAS D. HARDMAN, 0000
DAVID H. HARDY, JR., 0000
KURT A. HARENDZA, 0000
REGINA HARGETT, 0000
MICHAEL R. HARGIS, 0000
*ROSANNE T. HARGROVE, 0000
DELRILL EDDIE HARLEY, 0000
MARK J. HARLOW, 0000
MICHAEL G. HARMAN, 0000
REGINALD S. HARPER, 0000
TIMBERLYN M. HARRINGTON, 0000
GETTYS N. HARRIS, JR., 0000
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PAUL H. HARRIS, 0000
MICHAEL J. HARRY, 0000
KENNETH A. HART, 0000
DARREN E. HARTFORD, 0000
ADRIENNE G. HARTGERINK, 0000
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*MARK A. HARTZELL, 0000
JOEL P. HARVEAUX, 0000
RICHARD A. HARVEY, 0000
VALERIE L. HASBERRY, 0000
SUSAN E. HASTINGS, 0000
BRETT R. HAUENSTEIN, 0000
RODNEY C. HAYDEN, 0000
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JERRY W. HAYNES II, 0000
MARGARET F. HAYNES, 0000
THEODORE D. HAYNES, JR., 0000
JOSEPH H. HAYSLETT, JR., 0000
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EDITHA P. HEBERLEIN, 0000
GREGORY L. HEBERT, 0000
SCOTT T. HEBRINK, 0000
JOHN P. HEDRICK, 0000
PATRICK E. HEFLIN, 0000
JOEL R. HEFT, 0000
JON P. HEILEMAN, 0000
CARLIN R. HEIMANN, 0000
STEPHEN W. HEINRICH, 0000
MARK L. HELLEKSEN, 0000
MICHAEL W. HELVEY, 0000
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TIM V. HENKE, 0000
*JUDY B. HENLEY, 0000
EDWARD J. HENNIGAN II, 0000
LEANNE J. HENRY, 0000
JOHN A. HERBERT, 0000
KIMBERLY S. HERNDON, 0000
PHILLIP A. HERRE, 0000
CONNIE R. HERRON, 0000
ROBERT D. HERSLOW, 0000
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MARTIN R. HERTZ, 0000
CHRISTOPHER J. HESLIN, 0000
MARC V. HEWETT, 0000
*JEFFREY T. HICKMAN, 0000
DAVID W. HICKS, 0000
ANTHONY A. HIGDON, 0000
ROBERT W. HIGHLEY, 0000
CHARLES W. HILL, 0000
ROBIN L. HILL, 0000
STEPHEN W. HILL, 0000
GREGORY D. HILLEBRAND, 0000
DAVID P. HINCKLEY, 0000
RAYMOND R. HINDMAN, 0000
KARL V. HINES, 0000
DONALD D. HINTON, 0000
MICHAEL W. HINZ, 0000
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DAVID J. HLUSKA, 0000
DAVID L. HOBIN, 0000
CALMA C. HOBSON, 0000
CARL E. HODGES, 0000
JOSEPH A. HOELSCHER, 0000
MICHAEL T. HOEPFNER, 0000
HANS A. HOERAUF, 0000
PAUL J. HOERNER, 0000
*JAMES C. HOFFMAN, 0000
DONALD J. HOFSTRA, JR., 0000
TIMOTHY J. HOGAN, 0000
STEPHANIE A. HOLCOMBE, 0000
JAMES G. HOLDER, 0000
JEFFREY K. HOLIFIELD, 0000
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JAMES F. HOLLIE, 0000
MICHAEL R. HOLMES, 0000
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JAMES P. HOMAN, 0000
JOHN L. HOOVER, 0000
HELEN M. HORN, 0000
JEREMY C. HORN, 0000
DAVID J. HORNYAK, 0000
CHARLES W. HOULDING, 0000
KIMBERLY HOUSTONSABLAD, 0000
PAUL C. HOWARD, 0000
SANDRA J. HOWARD, 0000
BRIAN T. HOY, 0000
HEIDI M. HOYT, 0000
DAWN M. HRDLICKA, 0000
ANN S. HRYSHKOMULLEN, 0000
RICHARD B HUBBARD III, 0000
BRYAN J. HUDGENS, 0000
JAMES L. HUDSON, 0000
JED L. HUDSON, 0000
KEVIN J. HUGHES, 0000
LARRY C. HUGHES, 0000
PATRICK HUGHES, 0000
RICHARD J. HUGHES, 0000
SCOTT W. HUGHES, 0000
STEPHEN A. HUGHES, 0000
TIMOTHY L. HUGHES, 0000
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THAD A. HUNKINS, 0000
KIRK W. HUNSAKER, 0000
JAMES D. HUNSICKER, 0000
CLINT H. HUNT, 0000
RICHARD A. HUNT, 0000
JOHN T. HUNTER, 0000
BRYAN K. HUNTSMAN, 0000
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DIANE T. HUSTON, 0000
BILLYE G. HUTCHISON, 0000
JEFFREY G. J. HWANG, 0000
*JEROME J. HYZY, JR., 0000
APRIL L. IACOPELLI, 0000
*RICHARD W. IMHOLTE, 0000
JON E. INCERPI, 0000
ROBERT L. INGEGNERI, 0000
ROBERT E. INTRONE, 0000
DENISE R. IRIZARRY, 0000
CHRISTOPHER D. IRWIN, 0000
EZEKIEL T. ISAIS, 0000
BRICK IZZI, 0000
ANITA L. JACKSON, 0000
GERALD R. JACKSON, 0000

[[Page 5934]]


RALPH E. JACKSON, 0000
ROBERT S. JACKSON, JR., 0000
STEPHEN R. JACKSON, 0000
CAROLYN S. JACOBSON, 0000
JOHN A. JACOBSON, 0000
*GEORGE T. JACOBY, 0000
DANIEL J. JAGT, 0000
SERGEJ JAKOVENKO, JR., 0000
DANA J. JAMES, 0000
GEORGE L. JAMES, 0000
KEITH M. JAMES, 0000
PAUL D. JAMPOLE, 0000
WILLIAM D. JANICKI, 0000
JORDAN L. JANSEN, 0000
JOSEPH B JARBOE, 0000
DAVID M. JARMON, 0000
CRAIG A. JASPER, 0000
MARC E. JEFFERSON, 0000
EVA S. JENKINS, 0000
HENRY C. JENKINS, JR., 0000
JEFFREY J. JENKINS, 0000
MYRA D. JENKINS, 0000
MARK M. JENKS, 0000
CHARLES R. JENNINGS, 0000
CHRISTOPHER L. JENSEN, 0000
DAVID JENSEN, 0000
DARRAN J. JERGENSEN, 0000
RICHARD O. JERNEJCIC, 0000
JOSEPH S. JEZAIRIAN, 0000
TODD C. JOACHIM, 0000
*CHARLES A. JOHNSON, 0000
DAVID A. JOHNSON, 0000
DAVID D. JOHNSON, 0000
*DAVID L. JOHNSON, 0000
DAVID S. JOHNSON, 0000
DONNA L. JOHNSON, 0000
DOUGLAS S. JOHNSON, 0000
FERGUSON A. JOHNSON, 0000
JEFFREY M. JOHNSON, 0000
JENNIFER R. JOHNSON, 0000
JOHN H. JOHNSON, 0000
KENNETH F. JOHNSON, 0000
KENT O. JOHNSON, 0000
LANCE R. JOHNSON, 0000
LAURIE E. JOHNSON, 0000
MALCOLM T. JOHNSON, 0000
NATHAN H. JOHNSON, 0000
PAUL T. JOHNSON, 0000
PHYLLIS M. JOHNSON, 0000
*RONALD L. JOHNSON, 0000
SCOTT R. JOHNSON, 0000
TIMOTHY R. JOHNSON, 0000
WILLIAM H. JOHNSON III, 0000
ANDREA L. JONES, 0000
BARBARA A. JONES, 0000
*BARRY W. JONES, 0000
*BENJAMIN F. JONES, 0000
*BRUCE B. JONES, 0000
DATHAN B. JONES, 0000
DOUGLAS D. JONES, 0000
FELECIA M. JONES, 0000
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JOHN W. JONES, 0000
RICHARD J. JONES, 0000
SEAN R. JONES, 0000
CURTIS M. JORDAN, 0000
ANDREAS JUCKER, 0000
DAVID J. JULAZADEH, 0000
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SHANNON D. JURRENS, 0000
DONALD J. KADERBEK, 0000
RANDALL J. KALLENBACH, 0000
JEFFREY M. KAMNIKAR, 0000
KI H. KANG, 0000
SUHRA E. KANG, 0000
RUSSELL T. KASKEL, 0000
CRAIG L. KAUFMAN, 0000
RANDY L. KAUFMAN, 0000
ADAM B KAVLICK, 0000
CHRISTY A. KAYSERCOOK, 0000
DAWN D. KEASLEY, 0000
BETH A. KECK, 0000
PATRICK D. KEE, 0000
CLIFFORD A. KEENAN, 0000
PATRICK M. KEENAN, 0000
ROBERT B KEENEY, JR., 0000
TIMOTHY L. KEEPORTS, 0000
STANFORD K. KEKAUOHA, 0000
DONALD E. KELLER, JR., 0000
JOHN G. KELLER, 0000
STEVEN E. KELLER, 0000
EDNA V. KELLEY, 0000
JAMES H. KELLEY, JR., 0000
KEVIN C. KELLEY, JR., 0000
KEVIN J. KELLY, 0000
MICHAEL B. KELLY, 0000
MICHAEL F. KELLY, 0000
WAYNE N. KELM, 0000
MICHAEL S. KEM, 0000
MALCOLM T. KEMENY, 0000
DEWAYNE C. KENDALL, 0000
*KYLE J. KENISON, 0000
ANDRE L. KENNEDY, 0000
DOUGLAS B. KENNEDY, 0000
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STEVEN T. KENNEL, 0000
BURL T. KENNER, III, 0000
COREY J. KEPPLER, 0000
VICKIE S. KERSEY, 0000
TIMOTHY G. KETTERER, 0000
EDWARD J. KHIM, 0000
BRIAN C. KIEFFER, 0000
PETER A. KIIGEMAGI, 0000
THOMAS J. KILLEEN, 0000
JAMES G. KIMBROUGH, 0000
JENNIFER A. KIMMET, 0000
KIRK A. KIMMETT, 0000
DEAN D. KING, 0000
JOEL K. KING, 0000
JOSEPH W. KING, 0000
KERRY R. KING, 0000
RICHARD L. KING, JR., 0000
SONYA N. KING, 0000
BRADLEY A. KINNEER, 0000
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KELLY A. KIRTS, 0000
KONRAD J. KLAUSNER, 0000
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NANCY L. KLEIN, 0000
WENDY E. KLEIN, 0000
DAVID E. KLENOW, 0000
JEFFREY T. KLIGMAN, 0000
JAMES B. KLINE, 0000
JEFFREY M. KLOSKY, 0000
WILLIAM J. KLUG, 0000
EDMUND W. KNETIG, 0000
DAVID W. KNIGHT, 0000
HEATHER R. KNIGHT, 0000
WILLIAM M. KNIGHT, 0000
KEVIN J. KNISKERN, 0000
BONNIE J. KNOX, 0000
DAVID M. KOCH, 0000
RICHARD W. KOELLING, JR., 0000
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MICHAEL L. KONING, 0000
BRIAN L. KONKEL, 0000
JAMES L. KOONTZ, 0000
TRACEY D. KOP, 0000
THEODORE S. KOPEC, JR., 0000
TRACY M. KOSMAN, 0000
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GARY E. KOVALCHIK, 0000
STEVEN C. KOVERMAN, 0000
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GEORGE S. KRAJNAK, 0000
LORETTA KRAKIE, 0000
JAMES A. KRATZER, 0000
TODD D. KRATZKE, 0000
RICHARD E. KRAUS, 0000
ROBERT W. KRAUS, 0000
KEVIN C. KRAUSE, 0000
ROBERT C. KRAUSE, 0000
GREGORY J. KRAUT, 0000
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JAMES E. KRICKER, 0000
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KEVIN J. KRISKO, 0000
DAVID A. KRUMM, 0000
RICHARD S. KRYSIAK, JR., 0000
JAMES K. KUBINSKI, 0000
CHRISTOPHER J. KULAS, 0000
KRISTEN R. KULL, 0000
SCOTT A. KUNKEL, 0000
KRISTINE T. KUSEKVELLANI, 0000
ANDREW C. KUTH, 0000
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RODNEY D. KYZER, 0000
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HANS C. LAGESCHULTE, 0000
GEOFFREY A. LAING, 0000
JOSEPH P. LAMANA, 0000
ANDREW A. LAMBERT, 0000
HENRI C. LAMBERT, 0000
JEFFREY A. LAMBERT, 0000
MICHAEL D. LANCASTER, 0000
TODD R. LANCASTER, 0000
JAY A. LANDIS, 0000
KENNETH M. LANG, 0000
TODD A. LANGENFELD, 0000
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ALFONSO A. LAPUMA, 0000
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DOUGLAS N. LARSON, 0000
STEVEN M. LARSON, 0000
CAROLYN B. LASALA, 0000
STANLEY A. LASOSKI, 0000
ROBERT H. LASS, 0000
SEAN D. LASSITER, 0000
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ROBERT M. LATIN, 0000
CYNTHIA C. LATKE, 0000
ARTHUR H. LAUBACH, JR., 0000
TODD R. LAUGHMAN, 0000
OCTAVE P. LAURET III, 0000
MICHELLE D. LAVEY, 0000
LORI S. LAVEZZI, 0000
SCOTT A. LAWLER, 0000
JERRY B. LAWSON, 0000
THERESA A. LAWSON, 0000
DAVID T. LAWYER, 0000
CRAIG S. LEAVITT, 0000
MARK T. LEAVITT, 0000
CHUL K. LEE, 0000
GENE C. LEE, 0000
HYON K. LEE, 0000
KEE H. LEE, 0000
KURT R. LEE, 0000
MARK A. LEE, 0000
RUSSELL E. LEE, 0000
WENDY J. LEE, 0000
LORI LEEDOWDY, 0000
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SCOTT T. LEFORCE, 0000
STEVE A. LEFTWICH, 0000
AARON D. LEHMAN, 0000
AARON H. K. LEONG, 0000
GARY N. LEONG, 0000
CARON A. LEONWOODS, 0000
JEFFREY S. LEPKOWSKI, 0000
JOHN F. LEPORE, JR., 0000
*CRAIG A. LEQUATTE, 0000
CYNTHIA A. LESINSKI, 0000
JAMES L. LESS, 0000
EDWARD G. LESZYNSKI, 0000
DENISE M. LEVERICH, 0000
DANIEL M. LEVERSON, 0000
BRENDAN P. LEWIS, 0000
JOHN M. LEWIS, 0000
PAUL H. LEWIS, 0000
*STEVEN J. LEWIS, 0000
STUART I. LIBBY, 0000
ANITA L. LIGHTFOOT, 0000
MICHAEL P. LIGHTFOOT, 0000
*JOSEPH M. LIMBER, 0000
TIMOTHY J. LINCOLN, 0000
CHRISTOPHER J. LINDELL, 0000
NATHAN J. LINDSAY, JR., 0000
WALTER J. LINDSLEY, 0000
FRANK J. LINK, 0000
FREDERICK H. LINK, 0000
KENNETH A. LINSENMAYER, 0000
SUZANNE B. LIPCAMAN, 0000
CHRISTOPHER P. LIPNITZ, 0000
WILLIAM C. LIVESAY, JR., 0000
THOMAS K. LIVINGSTON, 0000
MATTHEW J. LLOYD, 0000
STEPHEN E. LLOYD, 0000
STACY LOCKLEAR, JR., 0000
DOUGLAS T. LOEHR, 0000
EILEEN M. LOFLIN, 0000
STEVEN M. LOKEN, 0000
FREDERICK A. LOMBARDI, 0000
JEFFREY L. LONG, 0000
JOHN A. LONG, 0000
JOHN H. LONG, 0000
SCOTT N. LONG, 0000
WILLIAM S. LONG, 0000
MARY L. LONIGRO, 0000
RANDALL F. LOOKE, 0000
LESTER R. LORENZ, 0000
WILLIAM J. LOREY, 0000
VINCENT J. LOSTETTER, JR., 0000
JEFFREY C. LOUIE, 0000
JEFFREY J. LOVE, 0000
JEFFREY C. LOVELACE, 0000
*HEATHER L. LOWDEN, 0000
DANNY R. LUCAS, 0000
DAVID W. LUCAS, 0000
DENNIS J. LUCAS, 0000
MARISSA C. LUCERO, 0000
ROY S. LUDVIGSEN, 0000
BARRY L. LUFF, 0000
MARIANNE LUMSDEN, 0000
JAN STEPHAN LUNDQUIST, 0000
ROBERT A. LURZ, 0000
JOHN M. LUSSI, 0000
MARK LUTTSCHWAGER, 0000
ROBERT J. LUTZ, 0000
DANIEL R. LYKINS, 0000
DAVID L. LYLE, 0000
DAVID F. LYNCH, 0000
GREGORY D. LYND, 0000
*DONALD D. LYTLE, 0000
RICHARD N. MACCONNELL, 0000
*STEVEN E. MACK, 0000
TIMOTHY E. MACK, 0000
JEFFERY A. MACKEY, 0000
JEFFREY D. MACLOUD, 0000
JOHN H. MACNICOL, 0000
DAVID L. MAHANES II, 0000
JACK W. MAIXNER, 0000
*DAVID M. MALINOWSKI, 0000
DOUGLAS P. MALONE, 0000
DAVID J. MALONEY, 0000
PAULA A. MALONEY, 0000
LORALEE R. MANAS, 0000
KATHRYN A. MANGION, 0000
MARK H. MANLEY, 0000
*MICHAEL H. MANNEY, 0000
ROBERT A. MANTZ, 0000
CHRISTOPHER M. MARCELL, 0000
JOSEPH MARCINKEVICH, 0000
TODD M. MARKWALD, 0000
THOMAS H. MARLIN, 0000
KATHY A. MARLOW, 0000
KEITH E. MARLOWE, 0000
TONY R. MARLOWE, 0000
DEBORAH J. MARQUART, 0000
TULLEY A. MARRIOTT, 0000
JEFFREY A. MARSDEN, 0000
WILLIAM D. MARSH II, 0000
KEVIN E. MARTILLA, 0000
BARBARA C. MARTIN, 0000
DOUGLAS S. MARTIN, 0000
JOEL L. MARTIN, 0000
JOSEPH D. MARTIN, 0000
*KEVIN D. MARTIN, 0000
MICHAEL E. MARTIN, 0000
PAUL S. MARTIN, 0000
*WILLIAM J.MARTIN, 0000
JAMES T. MARX, 0000
*DAVID M. MASON, 0000
PETER H. MASON, 0000

[[Page 5935]]


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

[[Page 5936]]


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

[[Page 5937]]


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

[[Page 5938]]


TODD M. YOUNG, 0000
GARY L. YOUNT, 0000
GREGORY J. YUEN, 0000
CURTIS J. ZABLOCKI, 0000
TIMOTHY ZADZORA, 0000
JEFFREY M. ZELLER, 0000
*MICHELE R. ZELLERS, 0000
*PATRICK L. ZEMAN, 0000
JAMES P. ZEMOTEL, 0000
KAREN K. ZEPP, 0000
*GARY J. ZICCARDI, 0000
MICHAEL P. ZICK, 0000
MICHAEL J. ZIGAN, 0000
MARK A. ZIMMERHANZEL, 0000
DAVID R. ZOOK, 0000
MICHAEL J. ZUBER, 0000


                              IN THE ARMY

       THE FOLLOWING NAMED OFFICER FOR APPOINTMENT TO THE GRADE 
     INDICATED IN THE UNITED STATES ARMY AND FOR REGULAR 
     APPOINTMENT IN THE MEDICAL SERVICE CORPS (MS) UNDER TITLE 10, 
     U.S.C., SECTIONS 531, 624, AND 3064:

                              To be major

MANESTER Y. BRUNO, 0000 MS


                          IN THE MARINE CORPS

       THE FOLLOWING NAMED LIMITED DUTY OFFICERS FOR APPOINTMENT 
     TO THE GRADE INDICATED IN THE UNITED STATES MARINE CORPS 
     UNDER TITLE 10, U.S.C., SECTION 624:

                              To be major

DEBRA A. ANDERSON, 0000
JOHN C. ANNESS, 0000
DIEGO J. BARELA, 0000
MICHAEL E. BEAN, 0000
RICHARD D. BETSINGER, 0000
MARSHALL R. BOURGEOIS, 0000
LAWRENCE D. BUTTS, 0000
ROBERT J. CORNELIUS, 0000
JORGE E. CRISTOBAL, 0000
TIMOTHY D. EATON, 0000
ROBERT D. ELLIS, 0000
DONALD Q. FINCHAM, 0000
ERIC H. FOLSOM, 0000
STEVEN P. GEORGE, 0000
JAMES E. GLICK, 0000
CURTIS L. GOYETTE, 0000
ROBBIE GRIGGS, JR., 0000
DAVID B. GROVES, 0000
SCOTT T. HANSEN, 0000
JAMES J. HORZEMPA, 0000
STEVE E. HOWELL, 0000
FREDERICK D. HYDEN, 0000
KRISTEN S. KARNETSKY, 0000
JOHN M. LITTLE, 0000
BRYAN M. MAKI, 0000
JEFFREY C. MC CARTNEY, 0000
WILLIE E. MC COY, 0000
MICHAEL T. MC GLYNN, 0000
ROBERT F. MC KINNEY, JR., 0000
WILLIAM H. MC NUTT, 0000
TODD P. OHMAN, 0000
JOHN A. POLANCO, 0000
JAIME J. QUINONESGONZALEZ, 0000
RICHARD K. ROHR, 0000
WALTER SHIHINSKI, 0000
JOSE E. SIMONSON, 0000
CARL G. SMALL, 0000
MICHAEL A. VALADEZ, 0000
KATHY L. VELEZ, 0000
BRUCE T. VINCENT, 0000
ROBERT M. WELBORN, 0000
SCOTT C. WHITNEY, 0000


                              IN THE NAVY

       THE FOLLOWING NAMED OFFICER FOR APPOINTMENT TO THE GRADE 
     INDICATED IN THE UNITED STATES NAVY UNDER TITLE 10, U.S.C., 
     SECTION 624:

                       To be lieutenant commander

THOMAS B. LEE, JR., 0000
       THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TO THE GRADE 
     INDICATED IN THE UNITED STATES NAVY UNDER TITLE 10, U.S.C., 
     SECTION 624:

                       To be lieutenant commander

CHARLES A. ARMIN, 0000
STEPHEN L. COOLEY, 0000
DONALD C. DRAPER, 0000
DOUGLAS W. HEILMAN, 0000
MARK D. PYLE, 0000

                          ____________________



                               WITHDRAWAL

  EXECUTIVE MESSAGE TRANSMITTED BY THE PRESIDENT TO THE SENATE ON APRIL 
25, 2000, WITHDRAWING FROM FURTHER SENATE CONSIDERATION THE FOLLOWING 
NOMINATION:


                          DEPARTMENT OF STATE

       THOMAS P. FUREY, OF OREGON, A CAREER MEMBER OF THE SENIOR 
     FOREIGN SERVICE, CLASS OF MINISTER-COUNSELOR, TO BE 
     AMBASSADOR EXTRAORDINARY AND PLENIPOTENTIARY OF THE UNITED 
     STATES OF AMERICA TO THE KINGDOM OF NEPAL, WHICH WAS SENT TO 
     THE SENATE ON MARCH 2, 2000.