Bob Smith

Mr. SMITH of New Hampshire

Mr. SMITH of New Hampshire. Mr. President, I rise to pay tribute to Lt. Wilfrid Desilets, a U.S. Army Air Corps P-47 pilot from Worcester, Massachusetts who was lost over New Guinea on August 18, 1943. His remains were recently located and identified, and I was privileged and deeply honored to assist his family--including one of his sisters, Therese Auger of Portsmouth, New Hampshire--with efforts to bring this case to resolution. I was also proud to attend the military funeral for Lt. Desilets this past weekend and to present the Flag of the United States to the surviving family members. Lt. Desilets was an American hero and a patriot who loved his country, loved his family, and loved to fly. He made the ultimate sacrifice for the cause of freedom during the Second World War, and I am pleased to have this opportunity to recognize his unselfish service to his country. But no words of mine can match the moving eulogy delivered by Therese's husband, Lt. Col. Elvin C. Auger, USAF-ret. Mr. President, I therefore ask that a copy of the eulogy, as delivered by Colonel Auger, appear in the Record. The eulogy is as follows: Flight Officer Wilfrid Desilets: Eulogy by Lt. Col. Ret. Elvin C. Auger, May 8, 1999 I would like to welcome all of you here today, a day this family has waited so long for. I want to begin by thanking you, Senator Smith, for all the assistance you have given this family. Senator Bob Smith is from New Hampshire. He's my Senator. We thank you for being here today. I have written this eulogy with the hope that all of you but especially our sons, daughters, and now our grand- children will get to know the Bill that we knew. I would like to start by saying that I did know Bill and his family before he left for the service and I am proud to say that I have been a member of this family for 55 years. Now Bill grew up in this family with both loving and caring parents. He was the only boy with 7 sisters. To put it mildly these 7 sisters simply adored him, or as my wife would say today, ``Bill was simply the best''. Bill was a very handsome young man, very religious, started many a day in the service by going to early Mass. He was a good athlete, loved sports and played most all of them. Now I'm not sure where Bill was on that Sunday, Pearl Harbor Day, but I can tell you for sure where he was very early the next morning. He, with a very good buddy called Kip would be at the Army Recruiting Office to volunteer and serve. Both men knew exactly what they wanted. Bill had to be a pilot and Kip wanted to be a gunner. Hopefully that day they thought Bill's gunner. Incidentally that young man Kip was not only Bills good buddy, he was my big brother. Now Bill was so good at writing letters home that to read them today is like reading a diary of his military career. In fact the first days in the service when he was issued his uniforms he would write, today I am a soldier. Now Bill was off to basic training and as he completed it he would be devastated for the Army was sending him to radio operator school not pilot training. Though you know his heart was broken he would write, at least I'll be flying on a crew. Bill did go and complete radio school but then someone somewhere would decide that this young man should be given a chance for pilot training. Now you can imagine how high the morale would be and how his letters home would sound. Now Bill was off for the pilot training program, preflight primary flying school, basic flying school, and then advance. Now advance being the final phase would terminate with Bill's graduation. We were all so proud of Bill for he was going to be an Army Air Corps pilot. Two of Bill's very pretty younger sisters would go to Florida to be with him. They would be there the night before graduation to attend the squadron dance with Bill and his buddies and be there the following day with him for the ceremonies to pin the bars and coveted silver wings on Bill. I know for sure how very proud Bill felt that day, not only for completing his pilot traing but also for having those two sisters there with him. I know for sure how he felt for in a couple of years later one of those sisters would be my wife and be there with me at my graduation to pin my wings on. Now Bill must have finished high in his class for his first assignment would be to the 342 Fighter Squadron. Here he would be flying the P47 Thunderbolt. At that time it was one of our most modern and powerful fighter aircraft we had. Now what was even nicer, Bill would do his transition flying at the old Bedford Airport just 50 miles from home. This would be the happiest time for Bill and his family for when Bill had a little time off we could drive down and bring him home for visits. He was also close enough that on some of his local flights he might do just a little buzzing. What a thrill it was for me to see Bill and his fighter come screaming in low and pull up and away. At that time I would soon be old enough to join and I made up my mind that I had to be a pilot like Bill. It was a also at this time that Bill would marry his sweetheart Ann. Two short days after the wedding Bill and his squadron would have their orders and be on their way overseas. At the time it seemed like the cruelest, harshest thing that could happen. And it was, but now when I think back I would like to believe that at least Bill had some days of great happiness and he left knowing that his bride Ann would be here waiting for him to come home. How these had to be wonderful thoughts and memories for Bill to take with him. Now during the war the boys could not tell us where they were stationed overseas but Bill did write he had seen his first Kangaroo. Years later reading a book on Australian airfields during the war I would read where Bill and his squadron with their aircraft would come to Australia by ships. Here the aircraft would be offloaded, reassembled, test flown and on to New Guinea. Now in New Guinea in about one month Bill would fly his last mission. It was a big one. 16 of those fighters were in that formation. They were flying a protective cover for some air transports. That flight would enter into a box canyon where the mountains went up to 10 and 12 thousand feet. The weather deteriorated so badly that the flight could not turn and exit that canyon. The pilots all had to break their formation and climb blindly up through the clouds. Bill never came up. In the days that followed, his good buddy then Capt. Roddy would fly search missions over that area but the jungle was not ready to give up its secret. Now I was with the family that Sunday evening when the notice of a telegram came. You can imagine the thoughts, the fear, and the prayers that went through that family that long night for a war time telegram was most always bad news. Very early the next morning I drove Bill's dad to get that telegram. I will never forget the look on his face and what he said as he came back to the car. He said, ``It's Bill, it's Bill, he is missing in action. This will kill my wife.'' We had to take this news back home. I can still see Mom and all the sisters on the back porch as we drove in the yard. I guess they knew by his face that it was bad news. All that poor man could do was to keep trying to tell them that Bill was not dead, Bill was not dead, Bill was missing in action. Two years later the second telegram came. Bill was presumed dead. In the years that followed we lost Dad, Mom, and a sister, Jean. I can assure you that their thoughts, their hopes and their prayers were that someday Bill would be coming home. Many, many years later while reading a book of the air wars in New Guinea, I would read in this book that Flight Officer Wilfrid Desilets was lost in the jungles of New Guinea forever. That's the way it remained for 53 long years. Then into our lives came the most amazing young man that I have ever had the opportunity to meet and call a friend. He is a successful businessman, a great writer, a fellow pilot but most of all he was an adventurer and a man with a quest. This man's quest was to find an aircraft that a great uncle had been lost in during this war. The uncle's body had been recovered some 14 years later. This man knows well what a family goes through. On his second trip to New Guinea high up in the mountains and deep in the jungle, he, with the natives, would find Bill and his aircraft. Now he notified the proper authorities and he knew that they could take years to make a recovery identification, and then notify a family. And he so rightfully thought that if Bill still had a family that they would be aging and should know. So upon his return he learned that Bill was probably from the Worcester area so he, with his secretary Arlean, started a massive telephone search for the surname Desilets. They were finally successful and notified Yvette, one of the sisters. Now when we first heard what this stranger said he had done it was unbelievable, but we learned he had done it. Now as all of you might well expect there are not adequate words to express the feelings that this family has for this man, the gratitude, the great respect, yes the love we feel for this man. so for today I am simply going to say thank you. Yes, thank you Fred Hagen, for without you we would never have had our day today. I guess Fred it is your day too for I have the feeling that you have adopted this family and I know we have adopted you. We have met and made such wonderful new friends during this time. We have with us Colonel Roddy and a Colonel Benz, two men, fighter pilots who were in that flight with Bill on his last mission. You can imagine the honor it was for me to meet these men and talk and learn of Bill's last mission. We were recently invited to Bill's fighter squadron reunion. We went there as guests and came home honored members. We heard such wonderful stories and memories of Bill. One I would like to share with you today. It is from a letter that a Sergeant Iddings had written to Colonel Roddy when he learned Bill had been found. In his letter he expressed the great sorrow that the maintenance and ground support boys felt when Bill was missing. He also said that in his mind Bill's tombstone should be engraved with a blue ribbon and on it, it should say that Bill was a blue ribbon gentleman and a blue ribbon pilot. How I wish the Sergeant was with us today that we may thank him but he to passed away last year. To you sisters if I may. We have lived with this tragedy most all of our lives. Now that we have what some may call closure I would hope that when you think of Bill or look at his pictures maybe your hearts may be just a little lighter and remember too Bill will always remain that handsome young man. He will never grow old as we have. I know too that each of you have your own special memories of growing up with Bill. Cherish them for they are yours forever. I, for one, will always honor Bill for he was the type of young man who, as his country was going to war, would be among the first to volunteer and serve. Bill was my hero for as a young man watching him fly his fighter made me want to be a pilot like him. Now if we had to lose Bill during this war, then I am grateful that it would be while Bill was fulfilling his greatest dream, for Bill was a fighter pilot. Today from here, Bill will be taken to rest with his Mom and Dad. Bill is no longer lost in that jungle. Bill is now home, home with his family truly forever.

Mr. SMITH of New Hampshire

Mr. SMITH of New Hampshire. Mr. President, I rise today to pay tribute to the town of Plaistow, New Hampshire on its two hundred and fiftieth anniversary. The town's residents will celebrate this historic occasion on June 27, 1999 with a number of festivities including a grand reception. I was proud to be invited to participate in this meaningful event. Plaistow's history first dates back to the year 1642 when families first settled in the Plaistow area. It was then that the Plaistow area was purchased. In 1749, Plaistow was incorporated. At that time, it was separated from Haverhill, Massachusetts. Then Governor Benning Wentworth, along with King George II signed the town's first charter. The town has had a rich and fruitful history. The First Baptist Church was built in 1837, and subsequently remodeled in 1906. The first Catholic Church, Holy Angels, was built in 1893, then redone in 1964. The first high school was built in 1966. Prior to that, the students traveled outside the town for schooling. Plaistow has steadily grown throughout the years. In 1854, there were 800 people. In 1949, the town had grown to 1800 people. Today, over 7000 people are residents of Plaistow. Through the years, Plaistow residents have courageously served their country. They have served in the Colonial War, Revolutionary War, Civil War, World War I, World War II, the Korean War and the Vietnam War. The most well known benefactor of the town was Arthur Pollard. Pollard donated the bell for the First Baptist Church, the land for Pollard School and the town hall, and the Civil War statue and cannons on the town green. I congratulate the town of Plaistow, and all of the dedicated and patriotic citizens there. I am proud to be their Senator.

Mr. SMITH of New Hampshire

Mr. SMITH of New Hampshire. Mr. President, I rise today to pay tribute to Amy Lymburner on being named the ``1999 Youth of the Year'' by the Londonderry Business Council. I commend her outstanding accomplishments and congratulate her on receiving this distinguished honor. Active in both her school and community, Amy has set high standards of community involvement that is an example for others to follow. As a student at Londonderry High School, Amy is recognized by her teachers and peers as a role model for others. In addition to striving for academic excellence, Amy is a member of the National Honor Society, Student Council, Drama Club, and the Math League. Attempting to make a difference in her town and state, Amy is President of Crossroads, a Christian youth group. Community leaders have commended Amy for her leadership abilities, integrity, spirit, and service to her school, church, and peers. Mr. President, young people are our nation's greatest asset, and it is heartwarming to see people such as Amy taking an active role in the betterment of the community. I am proud to call her one of New Hampshire's own. I wish to congratulate Amy on her accomplishments, and it is an honor to represent her in the United States Senate.

Mr. SMITH of New Hampshire

Mr. SMITH of New Hampshire. Mr. President, I rise today to pay tribute to Maureen Hegg on being named the ``1999 Civic Volunteer of the Year'' by the Londonderry Business Council. I commend her outstanding accomplishments and I wish to congratulate her for receiving this distinguished award. As President of the Londonderry Cares Organization, Maureen has worked diligently toward making a difference in the lives of Londonderry's youth. Under Maureen's guidance, the organization affords the town's young people a place to go in the evening for planned activities. Along with a group of dedicated individuals, Maureen has been working to open a YMCA in the Town of Londonderry. As such, Maureen is the chairperson of the Nutfield YMCA Kickoff Fundraising Dinner, an event established to assist in attracting a YMCA. There is no greater gift to a community than one's time, talent, and energy. Volunteerism is truly special and is at the heart of what makes this community and this nation a great place to live. Mr. President, Maureen Hegg has demonstrated a deep commitment to the Town of Londonderry and its citizens. Her tireless efforts to improve the quality of life in the town and provide the youth of Londonderry with recreational programs is outstanding. I congratulate Maureen on being named ``Civic Volunteer of the Year,'' and it is an honor to represent her in the United States Senate.

Mr. SMITH of New Hampshire

Mr. SMITH of New Hampshire. Mr. President, I rise today to pay tribute to Ritchie Bernard of Londonderry, New Hampshire, for being named the ``1999 Business Person of the Year'' by the Londonderry Business Council. I congratulate him for his record of excellence in business and community development. Ritchie owns the House of Samurai in Londonderry, New Hampshire. Dedicated to educating the youth of Londonderry in the martial arts, the House of Samurai is currently celebrating its 25th anniversary. As a devoted contributor to the Londonderry business community, Ritchie has served on the Board of Directors of the Londonderry Rotary Club, the Londonderry Chamber of Commerce, and the Greater Derry Boys and Girls Club. His activism extends far beyond the business realm and is evident by his participation in various community organizations and causes. Ritchie is highly regarded in the Londonderry community and across the state for his karate school programs, his support of town programs, and his involvement in many volunteer organizations. Small business is the backbone of our economy in the United States. I am proud to honor Ritchie for preserving and establishing a thriving business in New Hampshire. He has devoted himself to working toward the betterment of the community through his activism and his desire to educate the youth of New Hampshire in the martial arts. Mr. President, as a former small business owner myself, I understand the demands of running a business. I commend Ritchie for his diligent work in his business as well as the devotion he has shown to the community. I wish to congratulate Ritchie on receiving this distinguished award, and it is an honor to represent him in the United States Senate.

Mr. SMITH of New Hampshire

Mr. SMITH of New Hampshire. Mr. President, I rise today to pay tribute to Arthur Psaledas of Londonderry, New Hampshire, for being named the ``1999 Citizen of the Year'' by the Londonderry Business Council. I commend his outstanding community involvement, and congratulate him on this well-deserved honor. For the past 20 years, Arthur has continuously exhibited his selfless dedication to the youth of Londonderry. As an avid supporter of education, Arthur has served the community as a member of the Londonderry School Board, seeking to strengthen both teaching and learning in the town. He has also shown his true dedication to children through his work as President of the Londonderry Athletic and Field Association and Director of the Londonderry Recreation program. Many know Arthur as always willing to take responsibility and for displaying leadership within the town. He is a teacher, coach and an active member of the YMCA advisory committee. Arthur's participation in each organization and cause makes a real difference in the Londonderry community. He is an inspiring leader whose actions and beliefs have become a catalyst for significant change and increased community involvement resulting in profound achievements. Mr. President, Arthur Psaledas has dedicated his time and his heart to serving the Town of Londonderry and the people of New Hampshire. It is people like Arthur that make New Hampshire a special place to live, and it is an honor to represent him in the United States Senate.

Mr. SMITH of New Hampshire

Mr. SMITH of New Hampshire. Mr. President, I rise today to pay tribute to Barbara Mullen for being awarded the Jeffrey May Memorial Award from the Londonderry Business Council. It is a pleasure to recognize her contributions to her community and the Granite State. In 1980, Barbara established the Londonderry Dance Academy and has been teaching children to dance ever since. Her community involvement has helped shape the lives of many young people in Londonderry and across the state. Barbara nurtures the aspirations of the town's youth by sharing her love and expertise of dance. As a faculty member of the Department of Dance at the University of New Hampshire, Barbara also instructs dance students at the college level. In addition, during the holiday season, Barbara and her students perform the ``Nutcracker'' at local schools and in other communities, in an effort to spread a greater appreciation for the arts. Barbara's dedication to dance, children and the community is exemplary and an example for others to follow. Mr. President, I wish to commend Barbara Mullen on her achievements and congratulate her on receiving this prestigious award. It is an honor to her in the United States Senate.

Mr. SMITH of New Hampshire

Mr. SMITH of New Hampshire. Mr. President, I rise today to pay tribute to RE/MAX 1st Choice of Londonderry, New Hampshire, for being named ``Company of the Year'' by the Londonderry Business Council. It is indeed a prestigious honor. RE/MAX 1st Choice is a fast growing real estate business that has recently opened in Londonderry. Under the direction of Arlene Hajjar, RE/MAX 1st Choice has worked hard to establish itself within the real estate market of Londonderry. RE/MAX 1st Choice has worked hard for the community. It has sponsored a number of activities to benefit both charities and the community as a whole. Admirable business practices, community involvement, and charitable donations and sponsorships have made the company a rising force in the Londonderry business community. Its dedication to the town has been admirable and gracious. Arlene has been one of the main reasons behind RE/MAX 1st Choices' success. She is a member of the Londonderry Business Council and works diligently to represent the business community. She has helped shape not only her company, but also the community through her activism with the town. As a former real estate business owner, I understand the demands and the trials associated with owning and operating a real estate business. I commend Arlene Hajjar and the staff of RE/MAX 1st Choice on their success. I wish them the best of luck and congratulate them once again for receiving this award. It is an honor to represent them in the United States Senate.

Mr. SMITH of New Hampshire

Mr. SMITH of New Hampshire. Mr. President, I rise today to recognize and congratulate Constance Ross for being named the ``1999 Educator of the Year'' by the Londonderry Business Council. From teacher to administer, Constance has built a reputation for excellence and achievement in many areas of education. In addition to serving the community as the Assistant Principal of South Londonderry School, she has become known throughout the State of New Hampshire for her tireless efforts to promote literacy among children. Constance's expertise in the teaching and advocacy of reading have propelled her to the position of co-chair of the ``Governor's Best Schools Initiative,'' as well as president of the New England Reading Association. Active inside and outside of classrooms and schools, Constance has demonstrated wisdom, compassion, and sensitivity with children, parents, and co-workers. These qualities are at the heart of what makes a good teacher special. The mark of a great teacher is one who cares, unconditionally, about the success and well-being of students. Mr. President, as a former teacher and school board member, I understand the challenges, responsibilities and dedication involved with teaching. I admire and respect Constance for establishing herself as a devoted teacher and administrator in the Londonderry school district. Most importantly, she is helping to shape the lives of the young students who are the future of New Hampshire and the country. I am proud to recognize Constance's achievements and it is an honor to represent her in the United States Senate.

Mr. SMITH of New Hampshire

Mr. SMITH of New Hampshire. Mr. President, I rise today to pay tribute to Bruno Stachowske, a hard-working New Hampshire entrepreneur. His thriving small business, Nutfield Country Store, was named the ``1999 Retail Business of the Year'' by the Londonderry Business Council. I commend his hard work and this outstanding achievement. Nutfield Country Store is well known in Londonderry and across the state for its friendly and courteous service to its patrons. As a small business, Nutfield continuously demonstrates exemplary community spirit through its involvement in many local and national causes. Bruno's commitment to community involvement has led Nutfield Country Store to support many volunteer organizations, youth sports teams, and the annual Thanksgiving food drives. Bruno is also well known for his fund raising efforts on behalf of cystic fibrosis. Every year, he participates in cystic fibrosis fund raising efforts by riding his bicycle for donations. As a former small business owner, I recognize the importance and value of community involvement by hard-working entrepreneurs. They help shape our economy and our society as a whole. I wish to congratulate Bruno Stachowske on the success of Nutfield Country Store and for receiving this distinguished award. It is an honor to represent him in the United States Senate.

Mr. SMITH of New Hampshire

Mr. SMITH of New Hampshire. Mr. President, I rise today to introduce the Second Amendment Preservation Act of 1999. Mr. President, my bill is intended to address the lawsuits that have been filed by various municipal governments against firearms manufacturers. These lawsuits are premised on the novel theory that manufacturers in full compliance with all of the laws governing the production of their products can nevertheless be held liable for the criminal misuse of those products by individuals who are completely beyond their control. This radical notion is flatly contrary to the principle of individual responsibility on which the tort laws of our Nation are based. In at least some cases, Mr. President, these lawsuits seem to be intended to subject firearms manufacturers, importers and dealers to legal costs that are so onerous that they may not be able to defend themselves, or indeed be able to remain in business. A majority of firearms manufacturers, importers and dealers are small, privately- owned businesses that cannot afford to bear the legal costs of defending themselves in a large number of judicial forums. Moreover, compared to most firearms manufacturers, importers and dealers, States and local governments are large and relatively wealthy entities that are able to spend large amounts of taxpayers' dollars on wars of attrition against small business. Mr. President, these lawsuits represent an effort by social activists and trial lawyers to use the Nation's judiciary to secure victories against the firearms industry that they never would be able to achieve through the legislative process. In fact, the firearms industry won't be the last target of these lawsuits. In a January 31, 1999, article in the Washington Post, plaintiffs' attorney John Coale stated ``. . . we are interested in taking a close look at the exorbitant prices of prescription drugs for the elderly, for example.'' ``Unless the courts reject our approach,'' Coale continued, ``we will continue to utilize it to tackle industry bullies.'' Thankfully, Mr. President, the public is not fooled. A December, 1998, survey of 1,008 U.S. adults by DecisionQuest, a jury consulting firm, found that 66.2% of American adults oppose these lawsuits against firearms manufacturers. Only 19.3% of Americans believe that these suits are justified. Even some anti-gun elements of the media oppose these lawsuits. A March 1, 1999, editorial in the Boston Globe stated that ``. . . guns should be controlled by the legislative process rather than through litigation.'' ``gun makers may be responsible for flaws in their products that lead to injury or death,'' the editorial continued. ``Making manufacturers liable for the actions of others,'' the editorial concluded, ``. . . stretches the boundaries beyond reasonable limits . . . .'' Mr. President, I believe that fairness requires that a unit of government that undertakes an unsuccessful ``fishing expedition'' against a firearms manufacturer, importer or dealer should bear the costs of that business in defending itself against such an frivolous and unwarranted civil action. Fairness also requires that taxpayers not be required to pay millions of dollars to wealthy attorneys, out of awards that are intended, at least in part, to benefit the victims of crime. The second amendment to the Constitution of the United States requires that Congress must respond to actions that are intended to, and that would have the effect of, nullifying that provision of the Bill of Rights. Congress has the power under the second amendment, and under the Commerce Clause, to take appropriate action to protect the rights of citizens to obtain and own firearms. Onr action that Congress may take, Mr. President, is to provide protection from excessive and unwarranted legal fees. The Second Amendment Preservation Act, which I am introducing today, provides that protection. My bill limits attorneys' fees to plaintiffs in civil lawsuits that seek ``to hold a firearms manufacturer, importer, or dealer liable for damages caused by the unlawful or tortuous use of a firearm by a person not employed by or affiliated with the manufacturer, dealer, or importer.'' Under my bill, those fees are limited to the lesser of $150 per hour, plus expenses, or 10% of the amount that the plaintiff is awarded in the action. Further, my bill provides that in lawsuits in which the defendant is found by the court to be ``not wholly or primarily liable for the damages sought,'' the plaintiff must reimburse the defendant for reasonable attorney's fees and costs. Finally, Mr. President, my bill provides that if a court strikes down this legislation as unconstitutional, the decision is directly appealable as of right to the Supreme Court of the United States. Mr. President, I ask unanimous consent that the text of my bill, the Second Amendment Preservation Act, be printed in the Record.

Mr. SMITH of New Hampshire

Mr. SMITH of New Hampshire. Mr. President, I rise today to introduce the Second Amendment Preservation Act of 1999. Mr. President, my bill is intended to address the lawsuits that have been filed by various municipal governments against firearms manufacturers. These lawsuits are premised on the novel theory that manufacturers in full compliance with all of the laws governing the production of their products can nevertheless be held liable for the criminal misuse of those products by individuals who are completely beyond their control. This radical notion is flatly contrary to the principle of individual responsibility on which the tort laws of our Nation are based. In at least some cases, Mr. President, these lawsuits seem to be intended to subject firearms manufacturers, importers and dealers to legal costs that are so onerous that they may not be able to defend themselves, or indeed be able to remain in business. A majority of firearms manufacturers, importers and dealers are small, privately- owned businesses that cannot afford to bear the legal costs of defending themselves in a large number of judicial forums. Moreover, compared to most firearms manufacturers, importers and dealers, States and local governments are large and relatively wealthy entities that are able to spend large amounts of taxpayers' dollars on wars of attrition against small business. Mr. President, these lawsuits represent an effort by social activists and trial lawyers to use the Nation's judiciary to secure victories against the firearms industry that they never would be able to achieve through the legislative process. In fact, the firearms industry won't be the last target of these lawsuits. In a January 31, 1999, article in the Washington Post, plaintiffs' attorney John Coale stated ``. . . we are interested in taking a close look at the exorbitant prices of prescription drugs for the elderly, for example.'' ``Unless the courts reject our approach,'' Coale continued, ``we will continue to utilize it to tackle industry bullies.'' Thankfully, Mr. President, the public is not fooled. A December, 1998, survey of 1,008 U.S. adults by DecisionQuest, a jury consulting firm, found that 66.2% of American adults oppose these lawsuits against firearms manufacturers. Only 19.3% of Americans believe that these suits are justified. Even some anti-gun elements of the media oppose these lawsuits. A March 1, 1999, editorial in the Boston Globe stated that ``. . . guns should be controlled by the legislative process rather than through litigation.'' ``gun makers may be responsible for flaws in their products that lead to injury or death,'' the editorial continued. ``Making manufacturers liable for the actions of others,'' the editorial concluded, ``. . . stretches the boundaries beyond reasonable limits . . . .'' Mr. President, I believe that fairness requires that a unit of government that undertakes an unsuccessful ``fishing expedition'' against a firearms manufacturer, importer or dealer should bear the costs of that business in defending itself against such an frivolous and unwarranted civil action. Fairness also requires that taxpayers not be required to pay millions of dollars to wealthy attorneys, out of awards that are intended, at least in part, to benefit the victims of crime. The second amendment to the Constitution of the United States requires that Congress must respond to actions that are intended to, and that would have the effect of, nullifying that provision of the Bill of Rights. Congress has the power under the second amendment, and under the Commerce Clause, to take appropriate action to protect the rights of citizens to obtain and own firearms. Onr action that Congress may take, Mr. President, is to provide protection from excessive and unwarranted legal fees. The Second Amendment Preservation Act, which I am introducing today, provides that protection. My bill limits attorneys' fees to plaintiffs in civil lawsuits that seek ``to hold a firearms manufacturer, importer, or dealer liable for damages caused by the unlawful or tortuous use of a firearm by a person not employed by or affiliated with the manufacturer, dealer, or importer.'' Under my bill, those fees are limited to the lesser of $150 per hour, plus expenses, or 10% of the amount that the plaintiff is awarded in the action. Further, my bill provides that in lawsuits in which the defendant is found by the court to be ``not wholly or primarily liable for the damages sought,'' the plaintiff must reimburse the defendant for reasonable attorney's fees and costs. Finally, Mr. President, my bill provides that if a court strikes down this legislation as unconstitutional, the decision is directly appealable as of right to the Supreme Court of the United States. Mr. President, I ask unanimous consent that the text of my bill, the Second Amendment Preservation Act, be printed in the Record.

Mr. SMITH of New Hampshire

Mr. SMITH of New Hampshire. Mr. President, I would like to take a few minutes to introduce important environmental legislation that will have a significant and positive impact on our nation's waterways. Today, along with my colleague from Maine, Senator Snowe, and seven other cosponsors, I am introducing the Combined Sewer Overflow Control and Partnership Act of 1999. While the title of this bill, indeed, the subject matter itself, may not be the most exciting, front-burner policy issue of the day, the control of overflows from sewer systems is a serious environmental and financial concern for hundreds of communities across this country. For my own state of New Hampshire, there are six communities with combined sewer overflow, or CSO, problems. The cities of Manchester, Nashua, Portsmouth, Exeter, Berlin, and Lebanon are all facing this challenge. I have worked closely with the mayors of these cities over the past several years and have seen first-hand the environmental problems. This legislation is aimed at helping CSO communities comply with Clean Water Act mandates to reduce or eliminate overflows into nearby rivers and streams. CSOs are the last permitted point source discharges of untreated or partially treated sewage into the nation's waters. For those colleagues who don't have CSO communities in their states, I'll briefly explain what they are. Combined sewer systems collect sanitary sewage from homes and office buildings during periods of dry weather for conveyance to wastewater treatment plants for treatment. However, these systems also receive storm water during wet weather, which typically causes a hydraulic overload of the system, triggering the discharge of untreated wastewater to receiving waters through combined sewer overflow outfalls. Not a pleasant sight. Most combined systems were installed at the turn of the century when they were state-of-the-art sewer technology, mainly in the Northeast and Midwest regions of the country. Controlling or eliminating CSO discharges is an enormously expensive proposition that often requires communities to completely rebuild their sewer systems. The national cost estimates to complete this job range from $50 billion to $100 billion. Compounding the sheer financial magnitude of the CSO problem is the fact that the vast majority of the approximately 1,000 CSO communities nationwide have less than 10,000 residents, or ratepayers. These ratepayers could pay hundreds of dollars more per year on their water bills without this legislation. With these statistics, it is not surprising that a CSO control program often poses the single largest public works project in a CSO community's history. Although the Federal Clean Water Act does not specifically speak to the issue of combined sewers, it has been interpreted to require the control and treatment of CSO discharges. Recognizing the financial burden this would pose on small towns, in 1994, the Environmental Protection Agency issued the ``Combined Sewer Overflow Policy,'' which allowed CSO control programs to be developed in the most cost- effective, flexible and site-specific manner possible. This policy was developed with the input from many stakeholders, including local governments, environmental groups, and engineering firms, and was viewed as a major step forward in tackling this problem through commonsense means. Unfortunately, this policy is just an administrative policy and lacks statutory authority. So, one of the most important provisions of this bill would essentially codify or affirm EPA's CSO Policy. This provision will give CSO communities the legal protection and regulatory relief they so desperately need. A key component of the CSO Policy is to ensure that water quality standards are consistent with whatever CSO control plans are mandated. The second part of the bill sets up a partnership between the Federal Government and our local governments by authorizing five years of funding assistance for these communities. While there is a State revolving loan fund under the Clean Water Act that provides loan assistance to municipalities for water treatment, the SRF cannot possibly meet the needs of these CSO communities. The financial burden of CSO control programs generally far exceed the capacity of local ratepayers to assume the full cost. I emphasize that ratepayers cannot assume the full cost of these programs. While this bill does authorize new funding assistance, I do not intend for this funding to increase EPA's overall budget. As many of my colleagues are aware, numerous earmarks for CSOs or other public works projects are frequently included in appropriations bills. I am hoping that the existence of a CSO assistance program at EPA will discourage the practice of earmarking specific projects and seek competitive funding through this program. In conclusion, Mr. President, I would like to add that this legislation has been endorsed by the CSO Partnership, a recognized coalition of CSO communities and mayors. I would also like to thank Senator Snowe for her support and assistance on this legislation, as well as the other original cosponsors: Senators Warner, Voinovich, Collins, Abraham, Robb, Hagel, and Lugar. I am hopeful that we will have an opportunity to consider this legislation in the Environment and Public Works Committee and the full Senate sometime this year. It is both proenvironment and procommunity and I ask for my colleagues support and welcome their cosponsorship.

Mr. SMITH of New Hampshire

Mr. SMITH of New Hampshire. Mr. President, I ask unanimous consent for an additional 5 minutes.

Mr. SMITH of New Hampshire. I thank the Chair. (The remarks of Mr. Smith of New Hampshire, pertaining to the introduction of S. 914 are located in today's Record under ``Statements on Introduced Bills and Joint Resolutions.'')

Mr. SMITH of New Hampshire

Mr. SMITH of New Hampshire. Mr. President, I rise today to pay tribute to an American hero. We could use some heroes today, of all days, considering the last few days we have had in America. But I rise today to pay tribute to retired Col. Theodore Wilson Guy, United States Air Force, from Missouri. Ted Guy, nicknamed the ``Hawk'' by those who knew him best, was a genuine American hero. He was best known for having sacrificed his freedom for his country as a U.S. POW during the Vietnam war. But aside from being a hero, perhaps more importantly, Ted would say he was a husband, a father, a brother, and a friend to many, including myself. Last Friday, April 23, 1999, Ted passed away only 6 months after discovering symptoms associated with leukemia. I will always remember Ted Guy for the encouraging faxes and e-mails he used to send to my office, especially during the investigation conducted by the Senate Select Committee on POW/MIA Affairs, which I cochaired in the early 1990s. I gained a lot of strength from those inspiring messages from this hero. Ted will never know, but I want his family to know how much those messages meant to me. Ted felt strongly that our Government needed to do more to account for his missing comrades from the Vietnam war. He traveled at his own expense to Washington, DC, to the Halls of Congress, to make this point. Ted was right to be concerned about our Government's handling of the issue of POWs and MIAs, and with his support, and the support of his fellow veterans and family members of POWs and MIAs, we have made significant progress in opening the books, declassifying the records, and pressing foreign governments for answers over the last decade. However, as Ted continued to maintain up until his last days with us, there is still much work to be done with our accounting effort, and I, for one, am committed to seeing this issue through, in part because of people like Ted. I commit to you, Ted, we will keep working. We owe it to you. I say to the youth of America, if you want a role model to aspire to and to inspire you, they do not come any better than men like Ted Guy. When looking for a hero, oftentimes young people look to professional athletes or others. You want to remember that a hero is not only somebody you care for, but if they are a real hero, that person will care about you, too. Ted joined the Air Force in 1947. He served his country as an Air Force fighter pilot for the next 26 years. He served in both the Korean and Vietnam wars flying the F-84 in the Korean theater and the F-4 in the Vietnam theater. On March 22, 1968, while attacking an automatic weapons position near the Vietnamese-Laotian border during the battle of Khe Sanh, Ted's plane was shot down and he was captured by the Communist forces. Ted Guy was subsequently marched up the Ho Chi Minh Trail and then held in several POW camps in the Hanoi area, to include the infamous Hanoi Hilton. He was brutally tortured by the North Vietnamese to the point where he would pass out from severe beatings. He also was forced to spend nearly 4 years in solitary confinement. He was one tough guy--Ted Guy. He did not talk about it much, though. You could not get him to talk about it. He was not looking for sympathy. When he was finally removed from solitary confinement, he was put in a prison with more than 100 other U.S. military and civilian prisoners. He became the senior officer among them and was responsible for maintaining order, the chain of command, and the code of conduct among his fellow POWs. His leadership and guidance helped his fellow POWs survive their ordeal. Many have said just that. Many referred to themselves as ``Hawks' Heroes'' in honor of Ted Guy. To the code of conduct, Ted added his own personal code that consisted of two points. The first point was to resist until unable to resist any longer before doing anything to embarrass his family or his country. The second point was to accept death before losing his honor. Ted once said: Honor is something that once you lose it, you become like an insect in the jungle. You prey upon others and others prey upon you until there is nothing left. Once you lose your honor, all the gold in the world is useless in your attempt to regain it. Mr. President, Ted Guy never, never lost his honor. What an inspiration he was to all Americans. I wish more Americans could have known him personally. I wish more Americans knew more about Ted Guy. He leaves behind his wife Linda of 26 years, four sons and two stepdaughters. He touched a lot of people--so many people. However, his unselfish and patriotic sacrifices for America and his heartfelt concerns about efforts to account for his missing comrades from the Vietnam war who never made it home were huge accomplishments. I was proud to call him a friend, and I already miss him. As with other POWs, Ted used a tap code in Hanoi to communicate through the walls with other POWs. It was an alphabet matrix--five lines across, five lines down. Ted used to end his messages by tapping the code ``GBU,'' or ``God bless you,'' and ``CUL'' for ``See you later.'' I end my tribute with the same message to Ted: ``GBU CUL, Ted.'' Mr. President, I ask unanimous consent that the tributes to Ted Guy from his son, his POW-MIA supporters, and his dear friend and fellow POW, ``Swede'' Larson, and also a copy of the tapping code, as Ted Guy used it, be printed in the Record.

Mr. SMITH of New Hampshire. I thank the Chair for his courtesy. I yield the floor.

Mr. SMITH of New Hampshire

Mr. SMITH of New Hampshire. Mr. President, I would like to take a few minutes to introduce important environmental legislation that will have a significant and positive impact on our nation's waterways. Today, along with my colleague from Maine, Senator Snowe, and seven other cosponsors, I am introducing the Combined Sewer Overflow Control and Partnership Act of 1999. While the title of this bill, indeed, the subject matter itself, may not be the most exciting, front-burner policy issue of the day, the control of overflows from sewer systems is a serious environmental and financial concern for hundreds of communities across this country. For my own state of New Hampshire, there are six communities with combined sewer overflow, or CSO, problems. The cities of Manchester, Nashua, Portsmouth, Exeter, Berlin, and Lebanon are all facing this challenge. I have worked closely with the mayors of these cities over the past several years and have seen first-hand the environmental problems. This legislation is aimed at helping CSO communities comply with Clean Water Act mandates to reduce or eliminate overflows into nearby rivers and streams. CSOs are the last permitted point source discharges of untreated or partially treated sewage into the nation's waters. For those colleagues who don't have CSO communities in their states, I'll briefly explain what they are. Combined sewer systems collect sanitary sewage from homes and office buildings during periods of dry weather for conveyance to wastewater treatment plants for treatment. However, these systems also receive storm water during wet weather, which typically causes a hydraulic overload of the system, triggering the discharge of untreated wastewater to receiving waters through combined sewer overflow outfalls. Not a pleasant sight. Most combined systems were installed at the turn of the century when they were state-of-the-art sewer technology, mainly in the Northeast and Midwest regions of the country. Controlling or eliminating CSO discharges is an enormously expensive proposition that often requires communities to completely rebuild their sewer systems. The national cost estimates to complete this job range from $50 billion to $100 billion. Compounding the sheer financial magnitude of the CSO problem is the fact that the vast majority of the approximately 1,000 CSO communities nationwide have less than 10,000 residents, or ratepayers. These ratepayers could pay hundreds of dollars more per year on their water bills without this legislation. With these statistics, it is not surprising that a CSO control program often poses the single largest public works project in a CSO community's history. Although the Federal Clean Water Act does not specifically speak to the issue of combined sewers, it has been interpreted to require the control and treatment of CSO discharges. Recognizing the financial burden this would pose on small towns, in 1994, the Environmental Protection Agency issued the ``Combined Sewer Overflow Policy,'' which allowed CSO control programs to be developed in the most cost- effective, flexible and site-specific manner possible. This policy was developed with the input from many stakeholders, including local governments, environmental groups, and engineering firms, and was viewed as a major step forward in tackling this problem through commonsense means. Unfortunately, this policy is just an administrative policy and lacks statutory authority. So, one of the most important provisions of this bill would essentially codify or affirm EPA's CSO Policy. This provision will give CSO communities the legal protection and regulatory relief they so desperately need. A key component of the CSO Policy is to ensure that water quality standards are consistent with whatever CSO control plans are mandated. The second part of the bill sets up a partnership between the Federal Government and our local governments by authorizing five years of funding assistance for these communities. While there is a State revolving loan fund under the Clean Water Act that provides loan assistance to municipalities for water treatment, the SRF cannot possibly meet the needs of these CSO communities. The financial burden of CSO control programs generally far exceed the capacity of local ratepayers to assume the full cost. I emphasize that ratepayers cannot assume the full cost of these programs. While this bill does authorize new funding assistance, I do not intend for this funding to increase EPA's overall budget. As many of my colleagues are aware, numerous earmarks for CSOs or other public works projects are frequently included in appropriations bills. I am hoping that the existence of a CSO assistance program at EPA will discourage the practice of earmarking specific projects and seek competitive funding through this program. In conclusion, Mr. President, I would like to add that this legislation has been endorsed by the CSO Partnership, a recognized coalition of CSO communities and mayors. I would also like to thank Senator Snowe for her support and assistance on this legislation, as well as the other original cosponsors: Senators Warner, Voinovich, Collins, Abraham, Robb, Hagel, and Lugar. I am hopeful that we will have an opportunity to consider this legislation in the Environment and Public Works Committee and the full Senate sometime this year. It is both proenvironment and procommunity and I ask for my colleagues support and welcome their cosponsorship.

Mr. SMITH of New Hampshire

Mr. SMITH of New Hampshire. Mr. President, I rise today to introduce the Right to Life Act of 1999. Our Nation's founding document, the Declaration of Independence, declared for all the world that we hold it to be self-evident that the right to life comes from God and that it is unalienable. Life itself, the Declaration held, is the fundamental right without which the rights to liberty and the pursuit of happiness have to meaning. As the author of the Declaration, Thomas Jefferson, later wrote, ``The care of human life and not its destruction . . . is the first and only object of good government.'' Almost 200 years after the Declaration of Independence, however, in 1973, the United States Supreme Court violated its most sacred principle. In Roe versus Wade, the Supreme Court held that the entire class of unborn children--from fertilization to birth--have no right to life and may be destroyed at will. In subsequent cases, the Court has zealously guarded the right to abortion that it created. The Court has repeatedly rejected all meaningful attempts by the States to protect the unalienable right to life of unborn children. Those of us who proudly count ourselves to be members of the right- to-life movement must not lose sight of our ultimate goal. Our objective is to keep the Declaration's promise by reversing Roe versus Wade and restoring to unborn children their God-given right to life. In order to keep that hope alive in the Senate, I am introducing today the ``Right to Life Act of 1999.'' My bill first sets forth several findings of Congress regarding the fundamental right to life and the tragic constitutional errors of Roe versus Wade. Based on these findings and in the exercise of the powers of the Congress under Article I, Section 8, of the Constitution, and Section 5 of the Fourteenth Amendment to the Constitution, my bill establishes that ``the right to life guaranteed by the Constitution is vested in each human being at fertilization.'' Mr. President, I ask unanimous consent that the text of my bill, the ``Right to Life Act of 1999,'' be printed in the Record.

Mr. SMITH of New Hampshire

Mr. SMITH of New Hampshire. Mr. President, I rise today to introduce the Right to Life Act of 1999. Our Nation's founding document, the Declaration of Independence, declared for all the world that we hold it to be self-evident that the right to life comes from God and that it is unalienable. Life itself, the Declaration held, is the fundamental right without which the rights to liberty and the pursuit of happiness have to meaning. As the author of the Declaration, Thomas Jefferson, later wrote, ``The care of human life and not its destruction . . . is the first and only object of good government.'' Almost 200 years after the Declaration of Independence, however, in 1973, the United States Supreme Court violated its most sacred principle. In Roe versus Wade, the Supreme Court held that the entire class of unborn children--from fertilization to birth--have no right to life and may be destroyed at will. In subsequent cases, the Court has zealously guarded the right to abortion that it created. The Court has repeatedly rejected all meaningful attempts by the States to protect the unalienable right to life of unborn children. Those of us who proudly count ourselves to be members of the right- to-life movement must not lose sight of our ultimate goal. Our objective is to keep the Declaration's promise by reversing Roe versus Wade and restoring to unborn children their God-given right to life. In order to keep that hope alive in the Senate, I am introducing today the ``Right to Life Act of 1999.'' My bill first sets forth several findings of Congress regarding the fundamental right to life and the tragic constitutional errors of Roe versus Wade. Based on these findings and in the exercise of the powers of the Congress under Article I, Section 8, of the Constitution, and Section 5 of the Fourteenth Amendment to the Constitution, my bill establishes that ``the right to life guaranteed by the Constitution is vested in each human being at fertilization.'' Mr. President, I ask unanimous consent that the text of my bill, the ``Right to Life Act of 1999,'' be printed in the Record.

Mr. SMITH of New Hampshire

Mr. SMITH of New Hampshire. Mr. President, I rise today to pay tribute to Christine Gillette on being named the U.S. Small Business Administration's ``1999 Small Business Media Advocate of the Year'' for New Hampshire. This is a very commendable honor. Christine is a journalist for the Portsmouth Herald. Her responsibilities entail covering business related news stories in the State. She produces two weekly business sections and covers business stories of local and regional interest. She has received awards for her coverage of business in New Hampshire, including from New Hampshire Press Association for business and economic reporting and the New England Press Association. She has constantly shown a knack for reporting on the business community. Her business associates commend Christine's dedication and enthusiasm about her job. They describe her as highly motivated, knowledgeable and talented. She has shown an ability to interpret change on a local scale as well as an international scale, and how it will affect Portsmouth area businesses. Her hard work and talent are commendable. Once again, I wish to commend Christine on her receiving this award. I wish her the best of luck in her future endeavors. It is a pleasure to represent her in the United States Senate.

Mr. SMITH of New Hampshire

Mr. SMITH of New Hampshire. Mr. President, I rise today to honor Christopher Norwood, of New Hampshire, on achieving the rank of Eagle Scout. This first-rate young man was awarded the rank of Eagle Scout in March of 1999. Through his final project, Christopher has demonstrated his unwavering dedication to his community and country. I wish to commend Christopher for receiving the highest award that is attainable in Scouting. Christopher's good natured volunteerism and commitment to Scouting exemplifies the qualities for which all Scouts strive: Honor, Loyalty, Courage, Cheerfulness and Service. For all of Christopher's hard work and devotion to these ideals, he has earned this coveted recognition. As the father of two former Scouts, I understand the time and effort that is involved in fulfilling the ideals of being a Scout. I know that Christopher will continue to be a positive role model among his peers, a leader in his community, a friend to those in need and an inspiration to all. I want to extend my sincerest congratulations and best wishes to Christopher. His achievement of Eagle Scout and significant contributions to his community are truly outstanding. It is an honor to represent him in the United States Senate.

Mr. SMITH of New Hampshire

Mr. SMITH of New Hampshire. Mr. President, I rise today to pay tribute to Arlene Magoon for being named 1999 ``New Hampshire Women in Business Advocate of the Year'' by the U.S. Small Business Administration. This award is a great accreditation to her work. Arlene is a childcare advocate and the founder and operator of American Nanny and Family Care Services, an Amherst-based child and elderly care referral agency. She founded her organization to provide family child care after she had difficulty finding childcare for her own three young children. Arlene's business offers a referral service, as well as training for child care providers in the state. Her service is an asset to the state of New Hampshire. Arlene founded her business in 1990. She personally met with 300 New Hampshire family care providers in the process of deciding which child care facilities she feels are deserving of referrals. Over 65 percent of the childcare providers she has assisted in the past decade are still in business. Many of her business colleagues have commended her dedication and professionalism of her work. Her service to the children of New Hampshire is a gift. I wish to thank her for her efforts and wish the best of luck in her future endeavors. It is an honor to represent her in the United States Senate.

Mr. SMITH of New Hampshire

Mr. SMITH of New Hampshire. Mr. President, I rise today to pay tribute to the University of New Hampshire's hockey team, the Wildcats, on their outstanding season. Their stellar performance was a great accomplishment. The University of New Hampshire hockey team had the best record in NCAA hockey this season. They were ranked number one in the nation in college hockey. Senior Captain Jason Krog was the winner of the Hobey Baker Award, the most prestigious award in college hockey. In short, they had a tremendous season. The Wildcats competed in the NCAA final four tournament (the Frozen Four) in Anaheim, California. The team went into the final round of the tournament as the favorite. They beat Michigan on April 1 by a score of five to three. They advanced to the finals to face the University of Maine. The game between the University of Maine and the University of New Hampshire was extremely exciting. The game went into sudden death over time before the University of Maine ultimately prevailed. Although they were not successful, the team showed true sportsmanship and team spirit in the wake of an amazing season. Once again, I would like to pay tribute to the University of New Hampshire Wildcats hockey team, as well as their coach, Dick Umile. I wish them luck in the future and their following seasons. It is an honor to represent them in the United States Senate.

Mr. SMITH of New Hampshire

Mr. SMITH of New Hampshire. Mr. President, I rise today to honor Jeffrey Pollock on being named ``New Hampshire's 1999 Small Business Financial Services Advocate of the Year'' by the Small Business Association. As President of New Hampshire Business Development Corporation in Manchester, New Hampshire, Jeffrey was selected for this award for his outstanding advocacy for entrepreneurs in New Hampshire. In fact, Jeffrey's strong support and dedication to small businesses has been a pivotal force in helping many small businesses succeed. During the banking crisis of the early 1990's Jeffrey worked alongside the Small Business Administration and state leaders to revive the New Hampshire Development Corporation for the purpose of providing loans to credit-starved small businesses in New Hampshire. Today, the New Hampshire Development Corporation offers a wide array of financial products and services aimed at helping small businesses succeed. Over the past nine years, Jeffrey has been instrumental in providing $12 million of investment to New Hampshire businesses. In 1995, Jeffrey represented New Hampshire as a delegate to the White House Conference on Small Business, and in 1998 New Hampshire's current Governor appointed him to the State Board of Education. In addition, Jeffrey has also served on numerous state and congressional boards and advisory committees. As a former small business owner, I recognize the important contributions that Jeffrey has made to the Small Business Administration and, especially, to small businesses across the Granite State. Mr. President, small business is the backbone of our economy in the United States. I am proud to honor and congratulate Jeffrey for receiving this award and it is an honor to represent him in the United States Senate.