E PL UR UM IB N U U S Congressional Record United States of America PROCEEDINGS AND DEBATES OF THE 106th CONGRESS, SECOND SESSION
Vol. 146 WASHINGTON, THURSDAY, MAY 25, 2000 No. 67 House of Representatives The House met at 10 a.m. bill and a concurrent resolution of the my District with his wife Millicent and The Reverend Alpheus Townsend, following titles in which the concur- son William, and is truly a champion, Unity Temple of Peace, Bronx, New rence of the House is requested: living the American dream, as so many York, offered the following prayer: S. 484. An act to provide for the granting of immigrants who have come to our ‘‘O God our help in ages past our hope refugee status in the United States to na- shores and helped to make our country tionals of certain foreign countries in which for years to come our shelter from the the great Nation that it is. stormy blast and our eternal home.’’ American Vietnam War POW/MIAs or Amer- Lord of Majesty, mercy and love we ican Korean War POW/MIAs may be present, Reverend Townsend was born in Ja- are grateful for this day and for the if those nationals assist in the return to the maica and came to the United States United States of those POW/MIAs alive. in 1965 and worked at a number of jobs blessings it affords. We thank You for S. Con. Res. 110. Concurrent resolution the bounty of this Nation and for its congratulating the Republic of Latvia on the in New York, at Bankers Trust on Wall form of government. Thank You for in- tenth anniversary of the reestablishment of Street for 5 years as an operations spe- spiring its leaders over the years. its independence from the rule of the former cialist and at Lenox Hill Hospital in We ask Your blessing and guidance Soviet Union. Manhattan. But he knew that the min- upon the membership of this assembly The message also announced that istry was really his call. who are entrusted with the awesome pursuant to section 301(b) of Public task of helping to foster and preserve Law 104–1, the Chair, on behalf of the He attended Unity Ministerial School peace and justice in our world. Majority and Minority Leaders of the in Missouri and was ordained in 1981. Father, bless and strengthen fami- Senate and the Speaker and Minority He founded the Unity Temple of Peace lies, our youth, our schools and busi- Leader of the House of Representa- in the Bronx, New York, in my district, nesses with integrity and success, now tives, announces the joint appointment in 1982 and continues to pastor there. and ever more for Your honor and of Barbara L. Camens of the District of Just recently, he was elected presi- glory, amen. Columbia and Roberta L. Holzwarth of dent of the Clergy Coalition of the 47th f Illinois to five-year terms on the Board Precinct in the Northeast Bronx, which of Directors of the Office of Compli- serves all five boroughs of New York THE JOURNAL ance. City. It is a wonderful organization, as- The SPEAKER. The Chair has exam- f ined the Journal of the last day’s pro- sists many, many people, young, old, ceedings and announces to the House ANNOUNCEMENT BY THE SPEAKER all types of people. He assisted in writ- his approval thereof. The SPEAKER. At this time the ing the bylaws and charter for the or- Pursuant to clause 1, rule I, the Jour- Chair will recognize the gentleman ganization. nal stands approved. from New York (Mr. ENGEL). Other 1- He has provided college scholarships f minute speeches will be at the end of to high school students, and I have the day. been pleased to work with him in this PLEDGE OF ALLEGIANCE f regard and to contribute to these The SPEAKER. Will the gentleman WELCOMING REVEREND ALPHEUS scholarships because young people, as from Washington (Mr. NETHERCUTT) TOWNSEND TO THE HOUSE OF come forward and lead the House in the we know, of course, are our future. And REPRESENTATIVES Pledge of Allegiance. Pastor Townsend has especially min- Mr. NETHERCUTT led the Pledge of (Mr. ENGEL asked and was given istered to young people. He has worked Allegiance as follows: permission to address the House for 1 with the council and the community I pledge allegiance to the Flag of the minute.) and works with the police to enhance United States of America, and to the Repub- Mr. ENGEL. Mr. Speaker, it is my the quality of life in the community. lic for which it stands, one nation under God, great pleasure today to introduce my Mr. Speaker, I am honored and privi- indivisible, with liberty and justice for all. good friend, my constituent, and my leged to not only call Pastor Town- f minister who gave the prayer this morning, Reverend Alpheus Townsend send, my constituent, but am honored MESSAGE FROM THE SENATE of the Unity Temple of Peace in my and privileged to call him my friend. A message from the Senate by Mr. district in the Bronx, New York. We have worked very, very closely to- Lundregan, one of its clerks, an- Pastor Townsend is a wonderful gether. He honors me and all of us with nounced that the Senate has passed a American success story. He resides in his presence today.
b This symbol represents the time of day during the House proceedings, e.g., b 1407 is 2:07 p.m. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.
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VerDate 25-MAY-2000 02:24 May 26, 2000 Jkt 079060 PO 00000 Frm 00001 Fmt 4634 Sfmt 0634 E:\CR\FM\A25MY7.000 pfrm02 PsN: H25PT1 H3816 CONGRESSIONAL RECORD — HOUSE May 25, 2000 I thank the Speaker for allowing him to the current plight of our Nation’s need for taxpayer dollars for reactive to give the prayer this morning so that farmers and ranchers. solutions. the entire House of Representatives Mr. Speaker, it is no secret that H.R. 2559 makes across-the-board re- and, indeed the entire country of the farmers, growers, and ranchers are not ductions in farmer-paid premiums. The United States, can see what a wonder- experiencing the prosperity that many bill makes insurance that protects ful pastor he is and how truly he is other Americans enjoy today. Con- price as well as production more af- doing God’s work and truly doing work fronted by adverse weather and low fordable to our farmers. for all of us. prices, they are facing a second year of The bill also helps farmers who are Again, it is people like the Reverend extreme economic crisis. hit hard by multiyear disasters to in- Townsend who have come here to this In fact, apple growers alone lost a sure more of the yield of what they country as an immigrant, who have staggering $760 million nationwide over have proven that they can grow. These participated and have really helped to the past 3 years, according to USDA changes will help farmers from all re- make this country the great country statistics. gions growing all crops. that it is. I thank the reverend. Representing Wayne County, New In short, Mr. Speaker, the Agri- f York, the largest apple producer in culture Risk Protection Act is a com- New York State and one of the largest mon sense, fiscally conservative bill. In CONFERENCE REPORT ON H.R. 2559, in the Nation, this type of statistic is passing the conference report, Congress AGRICULTURAL RISK PROTEC- particularly troubling. goes a long way to properly prepare for TION ACT OF 2000 Growers in my district have been es- natural disasters that impact agri- Mr. REYNOLDS. Mr. Speaker, by di- pecially hard hit in recent years. culture production. rection of the Committee on Rules, I Floods, storms, drought, and other se- In conclusion, I would like to com- call up House Resolution 512 and ask vere weather have had a crippling ef- mend the gentleman from Texas (Mr. for its immediate consideration. fect on area specialty crop farmers. COMBEST), Chairman of the Committee The Clerk read the resolution, as fol- Just last week, flooding destroyed on Agriculture, and the gentleman lows: onion crops that had been planted only from Texas (Mr. STENHOLM) for bring- H. RES. 512 days earlier in the Elba mucklands in ing this measure before the House Resolved, That upon adoption of this reso- Genesee County in my congressional today. lution it shall be in order to consider the district. Mr. Speaker, I urge my colleagues to conference report to accompany the bill One local farmer estimated a 75 per- support the rule and the underlying (H.R. 2559) to amend the Federal Crop Insur- cent loss on 3,000 acres of onion crop, measure. ance Act to strengthen the safety net for ag- with an estimated value of $15 million Mr. Speaker, I reserve the balance of ricultural producers by providing greater ac- annually. my time. cess to more affordable risk management Despite these and other disasters, Mr. MOAKLEY. Mr. Speaker, I yield tools and improved protection from produc- myself such time as I may consume. tion and income loss, to improve the effi- crop insurance programs have histori- cally been tailored to farmers who Mr. Speaker, I thank my dear friend, ciency and integrity of the Federal crop in- the gentleman from New York (Mr. surance program, and for other purposes. All grow so-called traditional crops, such points of order against the conference report as wheat, corn, and soybeans. REYNOLDS), for yielding me the time. and against its consideration are waived. It is for that reason that I am espe- Mr. Speaker, I am in support of this The conference report shall be considered as cially pleased with the conference re- rule. This rule waives all points of read. port which, for the first time, ear- order against consideration of the con- The SPEAKER pro tempore. The gen- marks funds and encourages the devel- ference report, H.R. 2559, the Agri- culture Risk Protection Act of 1999. tleman from New York (Mr. REYNOLDS) opment of products for underserved This rule is necessary to allow the is recognized for 1 hour. commodities, including specialty House to consider this conference re- Mr. REYNOLDS. Mr. Speaker, for the crops. port and will provide critically needed purpose of debate only, I yield the cus- This Nation has had a long and proud funding for rural America. tomary 30 minutes to my friend, the agricultural history. Agriculture has In essence, Mr. Speaker, this con- gentleman from Massachusetts (Mr. been and remains a vital part of our ference agreement will allow producers MOAKLEY), pending which I yield my- Nation’s economy and way of life. who participate in Federal crop insur- self such time as I may consume. America’s farmers feed not only our ance programs to buy better coverage Mr. Speaker, during consideration of Nation but also the world. for less money. this resolution, all time yielded is for We must give agriculture producers However, the conference report the purpose of debate only. the tools to manage risk responsibly, spends the funds set aside in the budget (Mr. REYNOLDS asked and was and this legislation does just that. for crop insurance reform and for sup- given permission to revise and extend This bill provides better insurance plemental economic assistance. While his remarks and to include extraneous coverage at a lower cost for our Na- these funds are badly needed in our ail- material.) tion’s farmers. It provides affordable ing farm sector, the fact that for 3 Mr. REYNOLDS. Mr. Speaker, the coverage at every level, with strong in- years in a row the Congress has pro- legislation before us today provides for centives to purchase higher levels of vided supplemental payments to agri- consideration of the conference report protection and new flexibility for pro- culture points to the simple fact that to H.R. 2559, the Agriculture Risk Pro- ducers to choose the level of coverage our current farm policy is failing and tection Act of 1999. that best meets their needs. needs a very thorough review. Mr. Speaker, House Resolution 512 is This legislation promotes the devel- Until there is such a review, Mr. a standard conference report rule that opment of new products for managing Speaker, this conference agreement waives all points of order against the risk, empowering universities, co-ops, will help make crop insurance more conference report and against its con- and individual farmers who work to de- useful to farmers who need protection sideration. velop successful policies. from natural disasters and it will also Additionally, the rule provides that It makes sure that every farmer and provide a badly needed supplement to the conference report shall be consid- rancher has the tools necessary for risk short-term farm income. ered as read. preparation. Proactive steps such as Mr. Speaker, I have no further speak- Passage of this rule will allow the these are needed at the Federal level. ers, and I yield back the balance of my House to consider the conference re- Under current conditions, too many time. port to the Agriculture Risk Protec- farmers are unable to afford crop insur- tion Act. ance. When natural disasters strike, b 1015 The Agriculture Risk Protection Act the Federal Government assists vic- Mr. REYNOLDS. Mr. Speaker, I yield enjoys broad bipartisan support from tims with taxpayer dollars. 3 minutes to the gentleman from Wash- colleagues representing farmers and By increasing Federal contributions ington (Mr. NETHERCUTT). ranchers from all regions of the coun- to crop insurance, such insurance be- Mr. NETHERCUTT. I thank the gen- try. It is the right legislative response comes more affordable and there is less tleman for yielding me this time.
VerDate 25-MAY-2000 01:37 May 26, 2000 Jkt 079060 PO 00000 Frm 00002 Fmt 4634 Sfmt 0634 E:\CR\FM\K25MY7.027 pfrm02 PsN: H25PT1 May 25, 2000 CONGRESSIONAL RECORD — HOUSE H3817 Mr. Speaker, I rise today in support tunity today. This is a measure that we Mr. Speaker, I am extremely proud of this rule and in support of the under- have been working on for about a year today to bring this conference report lying conference report not only be- and a half. It is something that in fact to the floor. With this single piece of cause of what the rule provides; I also needs as soon as possible to get into legislation, we have the opportunity to want to make a comment about what law so that the regulations can be writ- strengthen farmers’ ability to manage the rule and the underlying measure do ten, so that the provisions of this pro- the risk the future may bring and to not provide. What they do not provide, gram can be implemented for the com- provide them the financial assistance what the underlying measure does not ing crop year. that they badly need to cope with their provide is the ability for this country It is vitally important that American immediate financial crisis. and the agriculture economy that it producers understand the assistance H.R. 2559 began last year when the serves to have an opportunity to have package that is coming, and it is very House provided the budget resources to sanctions relief on food and medicine critical that this happen at this par- overhaul and reinvigorate our ailing for five countries that we currently ticular time. I want to again extend agricultural risk management system. embargo unilaterally considered in the my appreciation for all of those mem- The Committee on Agriculture then bill. bers on the Committee on Rules who crafted, on a truly bipartisan basis, the I have been actively engaged with made this possible. most significant improvements in the our leadership and members of all com- Mr. REYNOLDS. Mr. Speaker, I yield crop insurance program in its history. mittees of jurisdiction relative to the 1 minute to the gentleman from Min- The result last year was the House pas- issue of lifting sanctions on food and nesota (Mr. GUTKNECHT). sage of legislation that makes risk medicine to try to accommodate some Mr. GUTKNECHT. Mr. Speaker, I management more affordable and more solution and reach some conclusion thank the gentleman for yielding me effective for more farmers. While the that would allow this marketing free- this time. This really is the second Senate was unable to pass a similar bill dom to occur to our farmers. Unfortu- great day in a row for American farm- until this year, passage of this con- nately, my own leadership said no at ers. Yesterday we passed PNTR, which ference report today will ensure that the last minute. I am on the Com- will give us, our farmers better access producers will see the benefits of this mittee on Appropriations and its Sub- to markets in China. Today we have a major initiative beginning with the committee on Agriculture, Rural De- conference committee report that was next year’s crop. velopment, Food and Drug Administra- signed by all 18 conferees. That does In addition to sustaining the drive to tion and Related Agencies. not happen very often here in Wash- secure future farm financial stability, At the subcommittee level, we were ington. And so in 2 consecutive days, this year’s budget resolution also pro- able to insert language by an over- we are seeing a tremendous display of vides $7.1 billion in emergency eco- whelming vote that allowed sanctions bipartisanship on behalf of American nomic assistance to farmers facing on food and medicine to be lifted to as- farmers. Crop insurance reform is a their third straight year of historically sist our farmers and for humanitarian very important issue. For too long it low prices. Recovering Asian markets reasons as well. We went to the full has been neglected by this Congress and trade openings like yesterday’s committee a week or so ago and by a here in Washington, and so I am very passage of permanent normal trade re- vote of 35–24 rejected a challenge to happy to rise in support not only of the lations with China are optimistic signs strip out this language that is going to rule but of the bill. This is a great day for future prices. help our farmers. for American agriculture. It follows on But this year, farmers face a bleak Now here we have come to the Com- another great day yesterday. Hope- situation. Providing temporary eco- mittee on Rules and I understand later fully, we can get those commodity nomic assistance now will bring a today there will be a rule on the agri- prices up where they belong. measure of economic stability to farm culture appropriations bill. The lan- Mr. REYNOLDS. Mr. Speaker, I have families as they struggle to regain guage that was fairly and squarely no further requests for time, I yield markets and secure improved prices. passed through the appropriations back the balance of my time, and I Altogether, the elements contained in process for literally the third year we move the previous question on the res- this conference report signal Congress’ have been working on this, but last olution. commitment to help America’s farmers The previous question was ordered. night it was set up to be stripped out of get through their current price crisis The resolution was agreed to. the bill. So I am here to register my A motion to reconsider was laid on and to provide a more stable founda- objection and my active participation the table. tion of risk management for their fu- in defeating the agriculture appropria- Mr. COMBEST. Mr. Speaker, pursu- ture. tions rule, not this rule. I am going to ant to House Resolution 512, I call up This has been a massive undertaking vote for this one and I am going to vote the conference report on the bill (H.R. that would not have been possible for the conference report. 2559) to amend the Federal Crop Insur- without a broad bipartisan effort. I But in reality, the lifting of food and ance Act to strengthen the safety net want to thank the gentleman from medicine sanctions should be in this for agricultural producers by providing Texas (Mr. STENHOLM), the ranking conference report. It is a vehicle that greater access to more affordable risk Democrat on the committee who set could have passed, but it was thwarted management tools and improved pro- aside partisan considerations to work by our leadership. I am going to object tection from production and income for a year and a half to bring us to to- to the Rules Committee action and loss, to improve the efficiency and in- day’s vote. His effort typifies the spirit hope my colleagues will vote against tegrity of the Federal crop insurance of all 51 members of the House Com- the rule on agriculture appropriations program, and for other purposes. mittee on Agriculture to work tire- which comes up later today. The Clerk read the title of the bill. lessly on behalf of American farmers. Mr. REYNOLDS. Mr. Speaker, I yield The SPEAKER pro tempore (Mr. Our committee also owes a debt of 2 minutes to the gentleman from Texas PEASE). Pursuant to House Resolution gratitude to the whole House, who in (Mr. COMBEST), the distinguished chair- 512, the conference report is considered two successive budget cycles recog- man of the Committee on Agriculture. as having been read. nized the need to focus special atten- Mr. COMBEST. Mr. Speaker, I thank (For conference report and state- tion on one sector of our booming econ- the gentleman for yielding me this ment, see proceedings of the House of omy that is struggling. The work of time and for his comments and the May 24, 2000, at page H3763). the gentleman from Georgia (Mr. comments of the gentleman from Mas- The SPEAKER pro tempore. The gen- CHAMBLISS) and his colleagues on the sachusetts. tleman from Texas (Mr. COMBEST) and Committee on the Budget made avail- I want to say that I strongly support the gentleman from Texas (Mr. STEN- able the resources needed to bring this this rule and urge its passage and the HOLM) each will control 30 minutes. bill to the floor today. accompanying conference report. I ap- The Chair recognizes the gentleman Mr. Speaker, it is an honor to be a preciate the Committee on Rules meet- from Texas (Mr. COMBEST). part of such a broad, sustained, and bi- ing so late yesterday evening and into Mr. COMBEST. Mr. Speaker, I yield partisan effort to provide economic as- the night in order to give us this oppor- myself such time as I may consume. sistance and lay a stronger foundation
VerDate 25-MAY-2000 01:37 May 26, 2000 Jkt 079060 PO 00000 Frm 00003 Fmt 4634 Sfmt 0634 E:\CR\FM\K25MY7.029 pfrm02 PsN: H25PT1 H3818 CONGRESSIONAL RECORD — HOUSE May 25, 2000 for the future of American farm fami- ance to agricultural producers who are Absent from the bill, Mr. Speaker, is lies. I urge all of my colleagues to sup- suffering from economic disasters be- the other half of the picture. In this port the conference report to H.R. 2559. cause of our failure to live up to our and the previous 2 years, our programs Mr. Speaker, I reserve the balance of promises to provide them with oppor- have left producers overexposed to my time. tunities from the marketplace. The cri- price and weather disasters. The bill Mr. STENHOLM. Mr. Speaker, I yield teria for receiving assistance are mere- makes progress towards addressing myself such time as I may consume. ly the possession of an AMTA contract, yield disaster, but what about future Mr. Speaker, I rise in support of the however; and this allows producers to price disasters? How much more will conference report and to congratulate receive a payment without dem- our government spend on ad hoc sup- my colleagues on the Committee on onstrating real need. I strongly believe plemental AMTA payments before we Agriculture. I particularly want to that more fully funding the disaster realize that a more rational, predict- thank the chairman for his work that payments would have been a better able policy needs to be in force? he has put into this bill and for the in- method for directing these funds to ag- Mr. Speaker, having pressed my res- clusion of the minority and of all the riculture producers most in need. But ervations, I once again want to com- members of the committee in the de- my view was a minority view. mend the gentleman from Texas (Mr. velopment of its provisions. The gen- Mr. Speaker, I also believe that these COMBEST) and all the members of the tleman from Texas (Mr. COMBEST), the allotted funds could be better utilized Committee on Agriculture and the con- gentleman from Illinois (Mr. EWING), to establish an adequate safety net for ference committee for their work on the subcommittee chairman, and the producers. This year marks the third this bill. Going into this progress, we gentleman from California (Mr. year in a row that Congress has been agreed that short-term changes in crop CONDIT), the ranking Democrat on the called upon to take extraordinary ac- insurance in this cycle would pave the subcommittee, are all to be com- tion to make up for the deficiencies of way for a broad look at the entire pro- mended for their efforts. While I sup- our current farm program. It is getting gram in the years ahead. I look forward port the conference report and encour- expensive. The fact that for 3 years in to working with my colleagues in de- age its adoption, I do have reservations a row we are compensating producers veloping a crop insurance program that about the manner in which the budg- for low prices seems to me to be a works better and a farm revenue pro- eted funds are being spent. stark admission that our basic farm gram that meets producer and tax- Mr. Speaker, the conference report’s program is not working, just as mul- payer needs. crop insurance provisions succeed in tiple years of yield disaster aid shows Mr. Speaker, I strongly urge that my spending the funds that were allocated that crop insurance is not working. In- colleagues vote to adopt the conference in fiscal year 2000 and 2001 budgets for creases in the budget are a clear signal report before the House today. risk management and income assist- by our colleagues that these problems, Mr. Speaker, I reserve the balance of ance. The bill’s supplemental provi- income reductions as well as yield re- my time. sions succeed in spending the $7.1 bil- ductions, need to be addressed, and the b 1030 lion reserve fund for agriculture as set crop insurance provisions of this con- forth in the fiscal year 2001 budget. ference report today do move in that Mr. COMBEST. Mr. Speaker, I yield As someone who represents a rural direction. myself such time as I may consume. agricultural area, I know how badly In addition, Mr. Speaker, I must ex- Mr. Speaker, one of the pleasures we these additional resources are needed. press my reservations in regard to the have had in the past year and a half Throughout the process of developing timing of this economic disaster assist- personally from this Member’s stand- the crop insurance provisions of this ance. As of right now, all we know for point has been the opportunity to work bill, I have supported the idea that our certain is that commodity prices are with and to have very open and frank crop insurance program needs to be low. We have no hard numbers in re- discussions with not only my colleague strengthened and improved. While it gard to the extent to which we will on the committee, but my friend and was the will of our committee and of need disaster assistance this year. Cur- my neighbor, the gentleman from the House and Senate conferees that rent outlook suggests that drought in Texas (Mr. STENHOLM), my neighbor these funds should be dedicated to im- the Midwest and the South will se- not only the committee, but neighbor provements in our current crop insur- verely affect production. There is a in Texas as well. ance program, the budget resolution possibility that supply and price rela- But there are a couple of points that made funds available for the broader tions could result in a situation where I want to make, Mr. Speaker, in re- purposes of income assistance and for we have strengthened prices later this gards to the comments of the gen- risk management. In so doing, it pro- year. tleman from Texas. I agree with the vided a level of flexibility that would I understand that these funds must gentleman in the fact that we have permit nearly any kind of agricultural be spent in a timely manner in order to problems in agriculture and problems assistance. I feel that this flexibility meet budget requirements. However, I that the program has its deficiencies. should have been used to meet a broad- would have been more comfortable tak- It was that recognition after the sec- er set of needs. ing our time in order to fully assess the ond year of the amount of money that Likewise, Mr. Speaker, the reserve complete picture later this year. I am was required in order to keep agri- fund for agriculture in this year’s concerned that we may not be allo- culture afloat in this country that our budget could have been used for any cating the provision of economic loss committee embarked on a series of manner of assistance for farm pro- versus crop loss in a manner that is hearings across this country to listen ducers. Again, the conference report most responsible to the actual condi- to farmers, to get their input on what before us today ignores that flexibility. tions facing producers this year. is good and what is bad about current By spending the $5.5 billion available Our Nation deserves a long-term reli- farm policy. for this year entirely on additional able farm policy. Taxpayers and agri- We have just concluded in the past 2 AMTA payments, the bill fails to rec- cultural producers alike should be able weeks 10 of those hearings, and I will ognize other unmet needs. For exam- to know up front what kind of assist- say my friend and partner, the gen- ple, payments to producers under last ance they can expect and what the tleman from Texas (Mr. STENHOLM), ac- year’s natural disaster assistance pro- rules will be for distributing it. In companied me on all 10 of those. We gram were pro-rated because sufficient terms of yield insurance, this bill were the only two members on the funds were not appropriated to make makes some progress. Higher subsidy committee able to attend them all. But them whole. I would have dedicated rates, for example, will lead to higher it was for the express purpose of going some of the $5.5 billion to raising these levels of participation in crop insur- out and listening to farmers. payments, which would have provided ance, better indemnity performance for We heard a number of suggestions, assistance to producers of all commod- the producers who participate and but a couple of the things we did hear, ities who suffered from disaster. hopefully less need for Congress to re- that I think resonated throughout, was Without a doubt, the supplemental spond to weather disasters with emer- the fact that it has been the assistance AMTA payments will provide assist- gency spending. that Congress has provided over the
VerDate 25-MAY-2000 01:37 May 26, 2000 Jkt 079060 PO 00000 Frm 00004 Fmt 4634 Sfmt 0634 E:\CR\FM\K25MY7.011 pfrm02 PsN: H25PT1 May 25, 2000 CONGRESSIONAL RECORD — HOUSE H3819 last couple of years that helped tre- ance policies and products, and make ance at every level of coverage as a re- mendously, keeping farmers in busi- certain that the program is not fraudu- sult of this bill. By offering increased ness. Another was the need for a dra- lently used or abused. Producers have premium subsidies, this bill encourages matic reform in crop insurance. I think asked for many of these changes for farmers to purchase crop insurance and today’s activity and legislation ad- many years, and I believe we have protect themselves against low yields dresses both of those in a very signifi- something that they will want to use and weather disasters. cant way. and that is in fact helpful to them. This bill also goes a long way to- I think we need to have a better way Also the conference report includes a wards reducing fraud and abuse in the to make this delivery, but I will say much-needed economic assistance crop insurance system. For years this that given the fact that this is paid in package for agriculture. As has been has been a problem that has plagued this fiscal year, given the fact that it mentioned, while the economy as a the system by those who attempt to has to be deliverable in a timely fash- whole has been booming, American fraudulently gain payment through ion, there have been a lot of discus- producers have faced low prices for crop insurance. This bill provides stiff- sions with people from the outside and nearly 3 long years. With this con- er penalties to attempt to root out this others about a need to make a change ference report, we are responding with abuse. I have always believed that crop in the delivery process. I am very open concrete policies and necessary finan- insurance was not a viable tool because to looking at that change. There has cial assistance. Congress’ willingness it was ridden by this fraud and abuse, been a lot of discussion about it. It has to provide assistance again this year but this bill greatly helps this problem. not come forward. We will continue to demonstrates our commitment to Mr. Speaker, I urge my colleagues to look at it in any possible way we can farmers, ranchers and to rural Amer- vote yes on this bill. do the job better. ica. Mr. COMBEST. Mr. Speaker, I yield But I do not want those listening to Even though many of my colleagues 11⁄2 minutes to the gentleman from this conversation to believe that this is may not have farms or ranches in their Michigan (Mr. SMITH). not something that is strongly sup- districts, agriculture is vital to every (Mr. SMITH of Michigan asked and ported by commodity groups all across American and every congressional dis- was given permission to revise and ex- this country. There has been virtually trict. So thank the farmer, when you tend his remarks.) unanimous request for making the pay- can. They feed us all. Mr. SMITH of Michigan. Mr. Speak- ments from commodity groups in the Mr. Speaker, I urge my colleagues to er, American farmers and ranchers are fashion that is provided for in this leg- support this conference report. Com- at risk. Let me briefly try to explain islation. It does ensure that farmers do bined with the economic assistance what I see as the problem and how this know exactly what it is they are going package, it will provide the help pro- legislation partially provides a solu- to get, they know exactly when they ducers need to meet the challenges of tion to part of that problem. We are at are going to get it, and that helps them today’s poor agriculture economy. record low commodity prices, some tremendously in their financial obliga- Mr. STENHOLM. Mr. Speaker, I yield lower than they have been for 30 years. tions and considerations and concerns 2 minutes to the gentleman from Ar- The world is overproducing some of that they have to deal with today. kansas (Mr. BERRY). these commodities and prices are way I think that, given the fact that we Mr. BERRY. Mr. Speaker, I want to, down. are dealing in an area that has tremen- first of all, thank the distinguished Part of the problem for the survival dous concerns and problems, agri- chairman of the Committee on Agri- of our agricultural industry in this culture, that this is a very healthy and culture, the gentleman from Texas (Mr. country is going to be how much other a very positive response to those con- COMBEST), and the distinguished rank- countries subsidize their farmers. cerns. ing member, the gentleman from Texas Right now we are in a situation where Mr. Speaker, I yield 2 minutes to the (Mr. STENHOLM), for the great work Europe, for example, subsidizes their gentleman from Nebraska (Mr. BAR- they have done and the leadership they farmers five times as much as we sub- RETT), the vice chairman of the com- have provided for all of American agri- sidize our farmers, and much of that mittee. culture. encouraged production goes into what Mr. BARRETT of Nebraska. Mr. Mr. Speaker, I rise today in support otherwise might be our markets. So Speaker, I thank the gentleman for of the Agriculture Risk Protection Act the American consumer, America, this yielding me time. and in support of the emergency assist- Congress, is faced with some decisions Mr. Speaker, after 8 weeks of nego- ance contained in this bill. Food and of are we going to do what is necessary tiations and countless hours of discus- fiber production in this country is a to keep a viable, strong agricultural in- sions between the House and the Sen- national security interest, second only dustry in America. ate Agriculture Committees, I am to national defense. Every citizen of This legislation encourages farmers more than pleased to rise today in sup- this country benefits from the safest, to take out more insurance, insurance port of the conference report on the most affordable and most abundant that covers not only yields, helps to Agriculture Risk Protection Act. The food supply in the history of the world. ensure against low-yield disasters, but conference report on H.R. 2559 is really Americans spend less of their income also helps to ensure against the prices an excellent piece of legislation that on food than almost any other country they might receive for that particular accomplishes what we set out to ac- in the world. This is a direct result of commodity. We do that by increasing complish, that is, making crop insur- the productivity of American agri- subsidies for some of these farmers so ance more affordable and easier to use culture. When agriculture is suffering that in the beginning, as we start ex- for all of our producers. through difficult times, such as the perimenting in this new crop revenue Under the leadership of the gen- times of low commodity prices that we insurance endeavor, we are better able tleman from Texas (Chairman COM- face now, it is essential that Congress to encourage more farmers to move BEST), and, yes, the ranking member, and the President act to preserve agri- into that arena. the gentleman from Texas (Mr. STEN- culture productivity. Farmers need This kind of legislation, I think, is HOLM), the House Committee on Agri- emergency assistance right now to stay very important as part of our effort to culture listened to producers’ sugges- in business. start remodeling, refashioning where tions, complaints and stories of fraud. Mr. Speaker, I urge my colleagues to we go in future agricultural policy. We then developed and passed the bill, vote in favor of this bill, so that Amer- Mr. Speaker, I thank the chairman with the help of the Committee on the ican agriculture is able to continue to and the ranking member for their lead- Budget, to address those concerns and fuel the economic development of this ership. greatly improve the program. country by providing a reliable, reason- Mr. STENHOLM. Mr. Speaker, I yield I am pleased that the conference re- ably priced food supply. 2 minutes to the gentleman from Colo- port will increase premium subsidies This bill also makes the Federal Crop rado (Mr. UDALL), a sponsor of the bio- for producers, address actual produc- Insurance Program a better risk man- mass legislation in the House, H.R. tion history discrepancies, fund re- agement tool for America’s farmers. 2819, and who also contributed to the search and development for new insur- Farmers will pay less for crop insur- biomass provisions that are contained
VerDate 25-MAY-2000 01:37 May 26, 2000 Jkt 079060 PO 00000 Frm 00005 Fmt 4634 Sfmt 0634 E:\CR\FM\K25MY7.013 pfrm02 PsN: H25PT1 H3820 CONGRESSIONAL RECORD — HOUSE May 25, 2000 in this conference report. I want to Mr. COMBEST. Mr. Speaker, I yield 1 out some of the inequities that are in thank the gentleman for his hard work minute to the gentleman from Okla- the current law; and it also is a wel- on this issue. homa (Mr. LUCAS), a member of the come opportunity for the farm service (Mr. UDALL of Colorado asked and committee who has been very involved people who are administering this pro- was given permission to revise and ex- in this entire process. gram, because they find they are able tend his remarks.) Mr. LUCAS of Oklahoma. Mr. Speak- now to respond more appropriately to Mr. UDALL of Colorado. Mr. Speak- er, I would like to thank the chairman the farmers. er, let me just begin by thanking the and ranking member for all their work Again, I want to congratulate all of gentleman from Texas (Mr. COMBEST) and all their efforts on this legislation. the people who were involved in mak- and the gentleman from Texas (Mr. It includes three initiatives that will ing sure that this came to the floor in STENHOLM) for their work on this im- greatly benefit Oklahoma producers. a timely manner, and I hope that it portant measure. I want to remember We reform the crop insurance system, will become law very soon so that our my friend Lou Entz from Colorado, who we double the AMTA payments, and we farmers can indeed benefit from this. suggested in the spirit of this legisla- include LDP graze-out language. This Mr. COMBEST. Mr. Speaker, I yield tion that if you eat, you are involved legislation is a big win for Oklahoma 11⁄2 minutes to the gentleman from in agriculture, and those of us that live producers. Florida (Mr. CANADY). in suburban districts need to remember I would especially like to thank the Mr. CANADY of Florida. Mr. Speak- that. gentleman from Texas (Chairman COM- er, I am very pleased to rise today in But let me talk about title IV, the BEST) for his help in including the LDP support of the conference report on Biomass Research and Development graze-out language, which I introduced this important legislation. I particu- Act. Last year the gentleman from last August. This legislation is the sin- larly want to focus attention on a pro- New York (Mr. BOEHLERT) and the gen- gle most important issue for Oklahoma vision in this conference committee re- tleman from Minnesota (Mr. MINGE) producers. port in title 4, which encompasses leg- joined me in introducing the House Currently, producers are eligible for islation I previously introduced known version of this legislation. We were a loan deficiency payment if their as the Plant Protection Act. joined shortly thereafter by the gen- wheat crop is hayed, put into silage, or This legislation is designed to ad- tleman from Illinois (Mr. EWING), who cut for grain. However, if a producer dress a very real problem facing Amer- introduced his own version of the legis- chooses to graze out his wheat crop, he ican agriculture. The United States lation. does not qualify for the LDP payment loses thousands of acres and billions of The two bills had much in common. and is left at an extreme disadvantage. dollars in farm production each year Both recognized the increased con- Oklahoma producers have been calling due to invasive species. Exacerbating tribution that biobased industrial prod- for Congress to correct this inequity this serious problem are the outdated ucts can make to our economy, if and for some time. H.R. 2559 includes lan- and fragmented quarantine statutes only if appropriate research was put guage that will allow producers to col- that govern interdiction of prohibited into place. Both realized the increased lect a payment equivalent to LDP if plants and plant pests. Our agricul- need for cooperation among the De- they opt to graze out instead of putting tural sector needs a modern, effective partments of Energy and Agriculture their wheat into hay or through the statutory authority that will protect and the private sector in conducting combine. our crops from these destructive the research and ensuring it leads to I encourage all my colleagues to sup- invasive species. new product and new jobs. Both recog- port this very important legislation. It was for this reason that I intro- nized the importance of the conversion This legislation provides more flexi- duced the Plant Protection Act. This of cellulosic biomass, which consists of bility and options for our producers. legislation, crafted in consultation any plant or plant product. Mr. STENHOLM. Mr. Speaker, I yield with the USDA, will help to prevent Cellulosic conversion is particularly 2 minutes to the gentlewoman from the introduction and dissemination of important to the State of Colorado be- North Carolina (Mrs. CLAYTON). invasive plants and pests by giving the cause of the potential threat of (Mrs. CLAYTON asked and was given Animal and Plant Health Inspection wildfires. We have seen the effect of permission to revise and extend her re- Service greatly enhanced investigatory wildfires over the recent weeks in New marks.) and enforcement tools. The Plant Pro- Mexico, and there is much more we Mrs. CLAYTON. Mr. Speaker, I also tection Act will streamline and con- could do to make these materials want to congratulate and compliment solidate existing statutes into one available through commercial mar- the chairman and the ranking member comprehensive law and eliminate out- kets. for their cooperation in working on dated and ambiguous provisions. It will In Colorado, the Colorado Forest this legislation, but also I want to con- also boost deterrents against traf- Service, the U.S. Department of Agri- gratulate all the conferees who were ficking of prohibited species by in- culture’s Forest Service Laboratory, involved in this, because this has been creasing monetary penalties for smug- and the National Renewable Energy an issue that our farmers nationwide gling, and it will provide USDA with a Lab began to study the possibility of have suffered through, in not having a comprehensive set of investigatory developing ethanol or other bioprod- way of managing risk. We are gath- tools and ensure transparency for our ucts economically from this wood ering some information right now from trading partners. fiber. North Carolina to compliment what I Mr. Speaker, I believe that this pro- I am especially pleased to see that am saying because I know in North vision of the conference committee re- the version of the legislation before us Carolina the current structure did not port is an important step forward in incorporates important concepts from allow for this risk management that protecting American agriculture, and I the Udall-Boehlert-Minge bill. Peer-re- we have now to speak to the needs. thank the chairman for his support for viewed research, sensitivity to the ef- this. b 1045 fects of increased bioproduction on the Mr. STENHOLM. Mr. Speaker, I have environment, and an emphasis on the We went through endless floods in no additional speakers on the floor at economics of bioenergy and biobased North Carolina, so our farmers indeed this time, and I reserve the balance of industrial projects are all featured not only suffered the risks of droughts my time. prominently in the legislation. they had years before, but they also Mr. COMBEST. Mr. Speaker, I yield 2 The definition of biomass is limited had to manage losing their crops, and minutes to the gentleman from Geor- to organic matter that is available on many of them lost their crops and gia (Mr. CHAMBLISS), the vice chairman a renewing or recurring basis, and found no way of having any compensa- of the Committee on the Budget. therefore would not include old growth tion. Mr. CHAMBLISS. Mr. Speaker I forests or other environmentally sen- This bill is not perfect, but it is cer- thank the gentleman for yielding me sitive ecosystems. tainly moving in the right direction; it this time. Mr. Speaker, I urge passage of this includes a broad base of opportunity In 1996, we crafted a new farm bill important bill. for a larger number of people; it takes wherein we told the American farmer
VerDate 25-MAY-2000 01:37 May 26, 2000 Jkt 079060 PO 00000 Frm 00006 Fmt 4634 Sfmt 0634 E:\CR\FM\K25MY7.016 pfrm02 PsN: H25PT1 May 25, 2000 CONGRESSIONAL RECORD — HOUSE H3821 that the Federal Government is going from Texas (Mr. COMBEST), the chair- First of all, crop insurance should be to change the way that we participate man of the committee, in a colloquy if the risk management tool that is used in farming operations. At the same he would agree to do that. by our producers. Unfortunately, it has time we did that, we said we are going Before I do that, I would first like to not been because it has not worked. to do some other things. We are going thank the chairman for the hard work Producers have expressed a lot of frus- to provide the farmer with tax relief. he has put in in bringing this con- tration about the crop insurance pro- We are going to provide the farmer ference report to the floor. He kept us gram and have asked for changes. In with regulatory relief. We are going to focused and kept us at the table, and I response to that, last year I intro- provide the farmer with crop insurance appreciate that. I also would like to duced, along with the gentleman from reform, and we are going to provide the congratulate and commend the gen- North Dakota (Mr. POMEROY), legisla- farmer with better trade agreements so tleman from Texas (Mr. STENHOLM) for tion to do just that. that farmers can, in fact, sell their his hard work and the time that he put Many of the changes that are incor- products for a decent return on the in keeping us focused and at the table, porated in the product that we will open market. as well as staff on both sides of the vote on today are consistent with those Well, unfortunately, it has taken us a aisle. They are to be commended for proposals, one of which deals with the while to get there, but yesterday, with their time and effort in this area. premium schedule in providing more the vote that we had on the China Mr. Speaker, I know that the chair- incentives for producers to buy up the trade agreement, we are now opening man is aware of the illegal activities higher level of coverage, and this legis- markets in China to the American undertaken by the Department of Agri- lation addresses that important point. farmer and it will be a tremendous ben- culture employees at Hunts Point Ter- The second point that was a real con- efit for farmers all across America. minal. These illegal activities have re- cern to producers in South Dakota and Today, we are taking another giant sulted in grave economic losses for other places in the Midwest was the step in the right direction. The gen- produce growers throughout the coun- computation of the actual production tleman from Texas (Mr. STENHOLM) is try. I look forward to working with the history. This legislation also makes right in a couple of areas when he says chairman to determine the exact scope important changes in that area that we are not doing everything from a leg- of the illegal activities so that we may will make it more usable for producers. islative standpoint to make farming adequately reimburse produce growers So, Mr. Speaker, I would say that easier and make farming more pros- for their losses. this is important legislation. The re- perous, because we cannot do that, but It is my hope that the committee can forms that are included in here will be these are steps in the right direction. fully examine this matter as soon as very helpful to our producers. It will What we are doing today with crop possible, and I would encourage the give them what they need in terms of insurance reform is really significant, chairman and wait for his response to having a risk management tool in and every American farmer knows and indicate that he would be willing to place that will allow them to ride out understands that. This has been a team take a look at this. the storms that are often the case in Mr. COMBEST. Mr. Speaker, will the effort. It has been a team effort be- agriculture across this country. gentleman yield? tween leadership and the Committee on Mr. CONDIT. I yield to the gen- The other thing I would say, Mr. Budget as well as the Committee on tleman from Texas. Speaker, is that the disaster legisla- Agriculture, and our two captains, the Mr. COMBEST. Mr. Speaker, I appre- tion includes a provision which is very gentleman from Texas (Mr. COMBEST) ciate the gentleman’s comments. Not important to me and which I have been and the gentleman from Texas (Mr. only is the chair aware but extremely fighting for. And I appreciate the con- STENHOLM) have done a great job of concerned about what did go on in the ferees and the chairman for including a leading the team down the field. I com- grading program. While I regret that piece in this disaster legislation on mend them for the work they have we were unable to include funding in value-added agriculture, because I do done on this with respect to crop insur- this particular package for the eco- believe that our producers need to be ance reform. nomic damage that these growers in- reaching up the marketing chain cap- The other part of this bill in pro- curred, I agree that both the House and turing more of that value by processing viding up-front money to our farmers the Senate committees should imme- our raw commodities at the point of for this year is extremely important diately consider ways that we can help production. We need to encourage that also, because we know that 2000 is these growers recover their economic in this country. going to be a tough year for farmers all loss. It is a travesty that this loss oc- So this legislation, I think for the across America. I do not know how curred as a result of illegal action by first time, lays down a marker and pro- much money it is going to take to Federal employees. I assure the gen- vides incentives for our producers to make sure that they can survive this tleman I will work with him in every become more involved in value-added year, but this is going to be another way I possibly can. operations; and, furthermore, I think meaningful step in the right direction, Mr. CONDIT. Mr. Speaker, I thank will help strengthen our rural econo- because it is going to be money in the the gentleman. mies by helping to create additional hands of the producer. That is criti- Mr. COMBEST. Mr. Speaker, how jobs and opportunity in rural America. cally important. It is critically impor- much time do I have remaining? So, Mr. Speaker, I would simply say tant now, as we are facing droughts, as The SPEAKER pro tempore (Mr. that this is a good piece of legislation. we are facing lowest commodity prices PEASE). The gentleman from Texas I appreciate the leadership by our that we have ever seen. (Mr. COMBEST) has 151⁄2 minutes re- chairman and ranking member, and I So again, this bill provides a double maining, and the gentleman from urge my colleagues to support it. hit for the American farmer with re- Texas (Mr. STENHOLM) has 16 minutes Mr. STENHOLM. Mr. Speaker, I yield spect to crop insurance reform, as well remaining. 3 minutes to the gentleman from Min- as with respect to money in the hands Mr. COMBEST. Mr. Speaker, I yield 2 nesota (Mr. PETERSON). of producers to help improve the year minutes to the gentleman from South Mr. PETERSON of Minnesota. Mr. 2000. I commend the chairman and the Dakota (Mr. THUNE), a very important Speaker, I thank the gentleman for ranking member for their great leader- and active member of the committee. yielding me this time. ship. Mr. THUNE. Mr. Speaker, I thank I rise today in support of this, and I Mr. STENHOLM. Mr. Speaker, I yield the gentleman for yielding me this appreciate the work of everybody that 2 minutes to the gentleman from Cali- time. was involved. I want to especially fornia (Mr. CONDIT), the ranking mem- Mr. Speaker, I want to thank the thank the chairman and ranking mem- ber of the Subcommittee on Risk Man- gentleman from Texas (Mr. COMBEST) ber for all of their leadership in bring- agement, Research and Specialty and the gentleman from Texas (Mr. ing this important piece of legislation Crops, that did yeoman’s work on the STENHOLM) for their leadership in to my district to the floor. crop insurance portions of this. bringing this to the floor. This crop insurance reform has been Mr. CONDIT. Mr. Speaker, I would Let me make a couple of observa- something we have been working to- like, if I may, to engage the gentleman tions, if I might, about this legislation. ward for a long time, and it is going to
VerDate 25-MAY-2000 01:37 May 26, 2000 Jkt 079060 PO 00000 Frm 00007 Fmt 4634 Sfmt 0634 E:\CR\FM\K25MY7.028 pfrm02 PsN: H25PT1 H3822 CONGRESSIONAL RECORD — HOUSE May 25, 2000 make some significant improvements. the Committee on Agriculture and a agricultural States in our country, but It is not as good as our people would gentleman who still has an extreme in- then came the Asian economic crisis like, but it is going to move us a long terest and is a tremendous amount of that sent commodity prices crashing way in the right direction. We are assistance on agricultural matters. down, followed by Hurricane Dennis, going to be able to get at some of the (Mr. CAMP asked and was given per- then Hurricane Floyd. Then came the problems that my producers have had mission to revise and extend his re- floods which paralyzed eastern North where we have had losses 6 years out of marks.) Carolina. Then came Hurricane Irene. the last 7; and the current system just, Mr. CAMP. Mr. Speaker, I rise today Then came steep cuts in tobacco pro- frankly, is too expensive and they can- in support of this conference report. grams. not get enough coverage. This legislation will provide needed Now what do we have to look forward I particularly appreciate the con- protection for our farmers who have to during this summer? The forecasters ference committee yesterday including struggled with low commodity prices say that it will be another severe a provision that I have been concerned and weather-related disasters. I want drought and another active hurricane about that affects a lot of producers to thank the chairman for his contin- season. Our farmers have been through around the country where if one has a ued work to help our family farmers. a lot, and this emergency funding could change in one’s identification number, There is another part of this legisla- not come any too soon. just because maybe one of two brothers tion that is very important to the Farming is more than a way of mak- were farming together and one of them farmers in my district and throughout ing a living. It is a way of life. It is our happened to get out of the business and the State of Michigan. This legislation responsibility to take these actions the one remaining changed that identi- will provide $6 million in emergency that will protect the heritage and char- fication number, the remaining farmer funds to combat bovine tuberculosis. acter of rural America and preserve our is precluded from receiving disaster b 1100 farming communities. payments. In the conference report I want to thank the bill managers, yesterday we adopted an amendment Bovine tuberculosis has historically the chairman from Texas (Mr. COM- that I proposed that will allow those been a very rare disease in wild deer. BEST) and the gentleman from Texas people access to the disaster program However, extensive testing in Michigan (Mr. STENHOLM), the ranking member, that they were denied. found the disease had spread through- for their leadership in helping to craft Another provision that is in the bill out the deer population, and these deer and guide this assistance package. The that is going to be helpful to us allows have passed on the disease to our cattle Committee on Agriculture has a long the people that have had problems with herds. history of bipartisan cooperation, and I scab disease up in our part of the world There is no vaccine for bovine TB, am proud to be a part of that honorable are going to be able to improve the and cattle infected with TB are de- tradition. APH so that they can get more cov- stroyed. In addition to the fear of los- I believe the underlying crop insur- erage and be able to better and more ing their herds, Michigan farmers are ance bill will reduce fraud and abuse adequately insure the risk to their now facing the news that USDA has and expand the insurance coverage and crops. We are very appreciative that taken steps to remove Michigan’s bo- make premiums more affordable to our that language is in the bill as well. vine TB-free status. The loss of that farmers. However, it will not solve all This bill, as I said, does not go as far status is expected to cost farmers $156 the problems facing the agricultural as I would like, but it is going to sig- million over the next few years, and community. nificantly improve the situation. I that is a conservative estimate. Crop insurance reform and emer- hope that we can continue to work on The State of Michigan, USDA, and gency funding is only a bridge leading crop insurance to try to get a workable Michigan State University have us to the real issue, and that is funda- revenue coverage so that we can get worked hard to address this escalating mental reform of the 1996 Freedom to farmers to be able to cover all of their problem. These emergency funds being Farm Act which expires in 2002. crops. appropriated today will assist in pro- As Congress continues the debate on Lastly, Mr. Speaker, I would like to viding the tools necessary to continue Federal farm policy, I remain hopeful comment on the assistance part of this. fighting this disease and provide relief that Congress can produce legislation Yesterday in the conference com- to Michigan farmers. that will strengthen our Nation’s safe- mittee, we tried to change a little bit Again, I want to thank the gen- ty net for our farmers so emergency of the assistance package. We are very tleman from Texas (Mr. COMBEST). I aid packages will no longer be nec- appreciative that the assistance is in would like to thank the entire Michi- essary except in the most dire of cir- here. But if we were to use the 2000 gan delegation for their work on this cumstances. I look forward to that de- payment levels, we would have had an issue, and I would especially like to bate. additional $366 million that we tried to recognize the efforts of the gentleman Mr. COMBEST. Mr. Speaker, I yield 2 use to buy up last year’s disasters from Michigan (Mr. STUPAK) from the minutes to the gentleman from Kansas where people were limited to 69 percent first district of Michigan. The first out- (Mr. MORAN), a very active and signifi- of the disaster that they actually had breaks of this disease began in the first cant member of this committee. occur and bring that level up to 85 per- and fourth districts, the districts he Mr. MORAN of Kansas. Mr. Speaker, cent which is what we did in 1998. and I represent; and since that time his I thank the gentleman from Texas (Mr. Unfortunately, that was not accept- commitment to this issue has been un- COMBEST) for yielding me this time. ed, and I think this would have been a wavering and a great help. Mr. Speaker, I thank the gentleman much better bill. Had we made that Again, I urge my colleagues to sup- from Texas (Mr. COMBEST) and the gen- change, we would have put more of this port final passage. tleman from Texas (Mr. STENHOLM) for money out to people that really needed Mr. STENHOLM. Mr. Speaker, I yield their leadership. The longer I serve on it that have had multiple-year disas- 2 minutes to the gentleman from North the Committee on Agriculture, the ters and are having a very tough time Carolina (Mr. ETHERIDGE). greater respect I have for the leader- such as up in my part of the world, in Mr. ETHERIDGE. Mr. Speaker, I ship that is provided. the Northeast and Southeast and so thank the gentleman from Texas (Mr. I particularly appreciate the hearings forth. STENHOLM) for yielding me this time. that have been held across the country Mr. Speaker, on the whole, this is a Mr. Speaker, I rise today to voice my and the willingness to listen to every- very good piece of legislation and I support for this conference report and day producers, farmers, and ranchers want to commend the chairman and express my gratitude to those who across our Nation, including the hear- ranking member and everybody else for have included in this the $7.1 billion ing we held at the Kansas State Fair in their work; and I encourage the adop- economic relief package for farmers. I September of 1999. tion of this conference report. do not need to tell anyone here how The provisions included in the crop Mr. COMBEST. Mr. Speaker, I yield 2 sorely this assistance is needed. For insurance reform aspect of this con- minutes to the gentleman from Michi- decades, North Carolina has been one ference report alone would be some- gan (Mr. CAMP), a former member of of the most prosperous and productive thing that we could come to the House
VerDate 25-MAY-2000 01:37 May 26, 2000 Jkt 079060 PO 00000 Frm 00008 Fmt 4634 Sfmt 0634 E:\CR\FM\K25MY7.021 pfrm02 PsN: H25PT1 May 25, 2000 CONGRESSIONAL RECORD — HOUSE H3823 floor very proud of today, and they do This will repair that safety net. It insurance piece of this package before move us in the right direction. Crop in- will reward good farming experience, us reflects the very finest dimensions surance has needed reform for a long much as we reward good drivers for of bipartisan corporation on difficult time, and this committee on the House driving safely. It is more affordable. problems that I have ever experienced side has worked long and hard to make There will be more coverage, and it as a Member of this body. It really that happen. will pay for the cost of production took extraordinary leadership from the In addition to that, and I hope it does losses when there is a disaster. gentleman from Texas (Mr. COMBEST) not get overshadowed, in addition to The most important thing that I and I appreciate it very much. that this conference report will provide like, and what our farmers in Georgia Bottom line, this legislation brings disaster assistance for farmers des- like, is the APH, the adjusted produc- farmers higher levels of coverage of perately in need of that assistance. tion history, which is a part of this premiums they can afford. Farmers With the failure for us to reach bill; and we are very, very, very pleased risk an awful lot of capital every year, agreements in WTO and reducing sub- with that. and they need to protect that risk with sidies by the European communities We are pleased with the short-term crop insurance that gets the job done. and others, with the failure of our abil- relief that is being given in the emer- This higher coverage at affordable pre- ity to reduce taxes and reduce rules gency payments for the oil seed pro- miums will take a big part of that. and regulations that affect farmers in ducers, the cotton seed producers, and Additionally, when farmers lose sev- their everyday lives and their pocket- for the disaster assistance for our pea- eral years in a row because of weather books, and with continued low com- nut farmers. cycles beyond their circumstance, they modity prices, on top of increasing I think we have done a very good job require the ability to continue to have costs for fuel and the Federal Reserve here, and I want to commend, again, adequate coverage. We fix the APH continually raising the interest rate, the chairman, the ranking member, flaw in the existing program with this there is no question but what we would and the conference committee for a job legislation, and it will mean much bet- lose another generation of farmers well done; and I am so glad that we are ter protection going forward for farm- without the assistance provided in this finally able to get it accomplished. ers in that regard. Mr. COMBEST. Mr. Speaker, I yield 2 package. Finally, as has been alluded to by minutes to the gentleman from Cali- I am particularly delighted that it previous speakers, the disaster re- fornia (Mr. CALVERT), another very ac- comes to us early in this session. I sponse contained in this legislation re- tive member of our committee. thank the Committee on the Budget, Mr. CALVERT. Mr. Speaker, I rise sponding to the continued low-price en- and I thank the Committee on Agri- today in strong support of this con- vironment our farmers face is also ex- culture and the leadership of the House ference report, the Agricultural Risk tremely important. Imagine, when it for making certain that our farmers Protection Act of 2000. This legislation costs more to grow the crop than one and their bankers know early in this goes a long way to assisting our farm- can get paid for at the elevator after year whether or not there is going to ers. I want to thank both the chairman harvest time. Nobody can stay in busi- be assistance that is provided to them. and the ranking member, the gentle- ness very long under those cir- So this is a good day. Crop insur- men from the great State of Texas, for cumstances. ances, disaster assistance and the moving this conference report forward. We need to build over the long haul many provisions contained in this leg- I am especially pleased that $25 million countercyclical price protection in the islation will make a difference in the was included to compensate growers farm program so that we do not have everyday lives of farmers and ranchers for losses resulting from Pierce’s Dis- to go through this exercise of appro- across the country; and we will keep, ease, plum pox, and citrus canker. My priating every year disaster assistance; in place, this generation of farmers district has been hit hard by Pierce’s but in the meantime this help is des- now and for the future. Disease, which is transmitted by the perately needed, very meaningful. I look forward to working with this glassy-winged sharpshooter. The dis- Mr. COMBEST. Mr. Speaker, I yield 2 committee because our farmers want ease attacks grapevines and is spread- minutes to the gentleman from Illinois something more than disaster assist- ing at a rapid rate through Southern (Mr. EWING), the chairman of the sub- ance. That is not what they really California, the gateway of one of the committee where this process all start- want. They want a price for their com- premier wine regions in California, as ed back a year and a half ago. modity. well as threatening the wine regions in Mr. EWING. Mr. Speaker, my thanks We have a long way to go to help in- the northern part of the State. to the gentleman from Texas (Mr. COM- sure that that opportunity is there. It is estimated that 25 percent of the BEST) and to the gentleman from Texas This is a step in the right direction, 3,000 acres of vineyards in Temecula (Mr. STENHOLM) for all the work and ef- and we have our work cut out for us. I have been destroyed to Pierce’s Dis- fort they have put in in coming up with look forward to working with the gen- ease. Pests are not new to California a bill which really has a lot in it for tleman from Texas (Mr. COMBEST) and to this country. It is estimated in American agriculture. today, tomorrow, and every year. I California alone we will lose about $3 This is truly a remarkable week for thank the gentleman for this con- billion in losses just because of pests. agriculture. With the passage of perma- ference report. Pests are introduced in California, new nent normal trade relations with China Mr. STENHOLM. Mr. Speaker, I yield pests, every 60 days. This assistance yesterday, today the passage of this 11⁄2 minutes to the gentleman from will help our growers to fight these bill, which has more in it than just Georgia (Mr. BISHOP). pests and to struggle through a tough crop insurance reform, and then pos- Mr. BISHOP. Mr. Speaker, I would period. sibly on to the appropriations process say to the chairman, the ranking mem- Mr. STENHOLM. Mr. Speaker, I yield for agriculture, this truly is a remark- ber, the conference committee, I can- 11⁄2 minutes to the gentleman from able week. not express enough gratitude to them North Dakota (Mr. POMEROY). I want to comment just briefly on for finally completing the work in Mr. POMEROY. Mr. Speaker, I thank the bill and its underlying basic part, bringing this very, very important the gentleman from Texas (Mr. STEN- that dealing with crop insurance, be- piece of legislation to the floor for the HOLM) for yielding me this time. cause this is what we promised our consideration of the full House. Mr. Speaker, I want to begin by com- farmers when we passed Freedom to We need a risk protection tool to re- mending the gentleman from Texas Farm, one of the important things. pair the safety net that our farmers (Chairman COMBEST) and the gen- We would give them a safety net, and have had torn away from them. We tleman from Texas (Mr. STENHOLM), I believe that the provisions of the crop have been working on this bill for some the ranking member, for this legisla- insurance bill, as amended in this bill, time, and I am just delighted that fi- tion and the inclusive process they ini- provide truly a magnificent improve- nally we are able to get to the point tiated that brought this legislation ment to that safety net. where we can go home and tell our about. We are going to allow our farmers to farmers that we have accomplished our This is my fourth term as a Member insure at higher levels. We are going to work. of this Congress. In my view, the crop guarantee they can insure what they
VerDate 25-MAY-2000 01:37 May 26, 2000 Jkt 079060 PO 00000 Frm 00009 Fmt 4634 Sfmt 0634 E:\CR\FM\K25MY7.023 pfrm02 PsN: H25PT1 H3824 CONGRESSIONAL RECORD — HOUSE May 25, 2000 grow or what they should be able to The Secretary will have the power to use a we may be creating an additional market for grow on their land, and we are going to broad range of sanctions against producers, farmers' products in the long term. Research do it at a cost that is significantly re- agents, loss adjusters, and insurance pro- created by this legislation will help to add in duced. viders who are committing fraud or abuse. the expedited development of alternative fuels Also in this bill, though, is a very im- The conference agreement reflects the in- that are environmentally friendly. portant thing and other speakers have tention of the Committee to make the program The conference agreement both authorizes talked about how we are going to let more efficient and accountable in both its ad- and appropriates funds to complete the con- our farmers know that they are going ministration and development of new policies. struction of a corn-based ethanol pilot plant in to have some help in these bad times, Rather than having the government develop Edwardsville, Illinois, at Southern Illinois Uni- again in 2000. The lost market pay- all new insurance policies, this legislation versity. This pilot plant will be beneficial to the ments that are in this bill are very im- gives producers and their representative orga- ethanol industry and corn producers. portant to agriculture across the coun- nizations the ability to work with companies, I urge my colleagues to support the Agricul- try and certainly in Illinois. agents, and universities to development crop tural Risk Protection Act to help producers Finally, in this bill is a provision insurance policies that they believe are more help themselves to better risk management that was part of the bill that I intro- attractive and workable. These groups will be strategies. The Conference Report to the Agri- duced. We called it the biomass bill. reimbursed for their costs if the end product is cultural Risk Protection Act is of vital impor- Senator LUGAR introduced it in the approved by the Federal Crop Insurance Cor- tance to all of agriculture. other body and it has been incor- poration's broad and then offered to producers Mr. STENHOLM. Mr. Speaker, I yield porated into this bill, and it is going to by an approved crop insurance provider. 2 minutes to the gentleman from Maine provide research to find uses for what Many specialty crops have indicated their (Mr. BALDACCI). we grow in America, alternate prod- desire to have policies that are better suited to Mr. BALDACCI. Mr. Speaker, I would ucts. This bill contains a lot of good their particular needs and this provision will like to thank the ranking member and parts and I certainly encourage every- help to accommodate their wishes. the staff for all of their hard work, and one to vote for it. For those underserved crops with limited re- also the chairman of the subcommittee The Conference Report to the Agricultural sources, the FCIC may contract with private and the full committee for being able Risk Protection Act is of immense importance groups to help develop new policies. to work together in regards to these re- for America's agricultural producers. The $8.2 These provisions are designed to provide forms. They have been a long time billion provided in the bill for crop insurance that producers will be able to have policies coming. The Agricultural Risk Protec- over the next 5 years will lead to increased that help them address their business risks. tion Act of 2000 has a lot to commend program participation and help to decrease the The Conference Report to the Agricultural it, but more can and should be done in need for ad hoc disaster bills. Risk Protection Act also contains a number of the future. This legislation will increase by 30 percent provisions that reach beyond crop insurance. I We are seeing the failure of our cur- the amount of government assistance in pur- will briefly outline these provisions that are of rent farm policy. The legislation that chasing crop insurance. Many producers have considerable importance to my producers in Il- we have before us does not go far wanted to purchase higher levels of coverage, linois. enough in providing risk management but because of the high costs of premiums Contained in the agreement is $7.1 billion in reforms to strengthen that safety net, they have been unable to afford the high costs economic assistance to the agricultural sector. but I would like to thank all those in- of premiums. The bill will allow producers to Nearly $5.5 billion dollars in Agricultural Mar- volved in working together to try to buy levels of crop insurance that actually pro- ket Transition Act (AMTA) payments will help help raise the farmers’ income, pri- tect them from the unpredictable forces of our family farmers remain financially solvent marily with specialty crops. mother nature. as they weather through current low com- The bill contains improvements to The conference agreement also ensures modity prices in our agricultural economy. the noninsured disaster assistance pro- that farmers' actual production history will be Many of my farming constituents have told me gram. It provides solid investment in adjusted so that APH won't drop by more than that without these market loss payments they research and development for new poli- 60 percent of the transitional yield in any par- have received in the past two years, their fam- cies while benefiting specialty crops in ticular year. ily farms would have been extremely difficult underserved States. Those are reforms Further improvements will allow livestock to hold onto. that my farmers can appreciate. producers to develop pilot insurance programs This legislation also provides for a $500 mil- I am disappointed that we did not for the first time. This will be extremely impor- lion oilseed payment which will benefit farmers change the formula for the AMTA pay- tant to those producers since livestock rev- in my district as they continue to deal with ments, and I would have rather seen a enue accounts for nearly half of this nation's soybean prices that are hovering at a nearly portion of that money being spent on producer revenue. thirty year low. the disaster programs that have oc- One of the issues we heard over and over The bill invests funds into the research of curred and particularly with apples and during Subcommittee and full Committee hear- technology for reducing, modifying, recycling, with potatoes. ings throughout the country was that pro- and utilizing waste streams from livestock pro- Our farmers should not have to live ducers wanted cost of production policies. duction and eliminating associated air, water, with payments amounting to just 65 This bill provides the ability for the develop- and soil quality problems. This research is percent of their disaster losses. ment of cost of production policies. vital as our suburbs expand into our rural Helping farmers add value to their Additionally, the Conference Report makes areas, and the concerns of odor and sanitation crops is one sure way to stabilize the revenue insurance such as CRC, which is im- issues take on a new importance. economies of rural America. portant to producers in Illinois and many other The Conference Report contains legislative b 1115 areas of the country more affordable, thereby language comparable to a bill I introduced last giving them the ability to protect their pro- year, H.R. 2827, the National Sustainable I would like to thank the conferees. I jected revenue flow. Fuels and Chemicals Act of 1999. Much of the have submitted legislation and amend- Everyone involved in the federal crop insur- language is similar and all of the goals are ments dealing with value added, and ance has stressed the importance of pre- identical. The Biomass Research and Devel- the component of $15 million will go a venting fraud and abuse. The Agricultural Risk opment Act of 2000 is a bicameral, bipartisan long way in helping producers to be Protection Act deals with concerns voiced over effort to authorize research into the trans- able to add values, both to their har- program integrity. formation of biomass into biobased industrial vest and markets, and to help them to The Risk Management Agency and the products. find those markets all with forest prod- Farm Service Agency will be required to work Biomass is any organic matter that is avail- ucts, with potatoes, with blueberries, together to ensure that records for crop insur- able on a renewable or recurring basis, includ- and cranberries. ance and other programs are accurate. ing agricultural crops and trees, wood and The enactment of this section will go The Secretary of Agriculture is required to wood wastes and residues (including material a long way to making sure that farmer submit an annual report that identifies specific removed from so-called old growth forests), cooperatives are going to be able to instances of fraud, waste, and abuse and out- plants, grasses, residues, fibers, animal have value added and be able to have lines the steps taken to correct these prob- wastes, municipal wastes, and other waste access to those markets. I think they lems. materials. By investing in research of biomass, are vitally important.
VerDate 25-MAY-2000 02:41 May 26, 2000 Jkt 079060 PO 00000 Frm 00010 Fmt 4634 Sfmt 0634 E:\CR\FM\K25MY7.025 pfrm02 PsN: H25PT1 May 25, 2000 CONGRESSIONAL RECORD — HOUSE H3825 I want to thank the gentleman from ing forth this bill and the $6 million in- amount of bipartisan effort that went Texas (Mr. COMBEST), chairman, and cluded in this bill for Michigan to fight into this bill; and as much as anything, the gentleman from Texas (Mr. STEN- bovine tuberculosis. it shows how well the staff of the HOLM), ranking member, and the staff These funds are an important first House committee, both minority and itself for working together on this; and step in combating an outbreak of bo- majority, worked very closely together I seek to work with them also as we ad- vine tuberculosis in Michigan. Bovine on this throughout the entire process vance into agriculture appropriations. TB is spreading in Michigan’s Lower and their work with the Senate staff Mr. COMBEST. Mr. Speaker, I am Peninsula and threatening our beef and and members of the Senate, and having happy to yield 2 minutes to the gen- dairy cattle. us to a point that something of this tleman from North Carolina (Mr. USDA has announced that Michigan magnitude could be concluded in such a HAYES), a very valued member of our will lose its bovine TB-free status ef- short period of time. committee. fective June 1. This decision will have Without the work that has gone on Mr. HAYES. Mr. Speaker, I thank dire economic consequences. literally for weeks, many, many late the gentleman from Texas (Chairman It will require the testing of all 1.25 hours by the staff, both the House and COMBEST) for his tireless and enthusi- million Michigan beef and dairy cattle. the Senate, majority and minority, astic effort for our farmers from Lub- It will place greater restrictions on this would have not been possible. bock, Texas and the gentleman from their travel into other States. It is es- There is no way that I can thank them Ericksdahl, Texas (Mr. STENHOLM), the timated that Michigan’s economy will enough for those long hours that they ranking member. suffer losses of $156 million over the put in in creating this product that I Mr. Speaker, today I rise in enthusi- next 10 years. think is going to have a significant astic support of the first comprehen- Michigan’s situation is complicated bearing on the future of American agri- sive crop insurance reform since 1994 as because the virus has been found in culture. well as much needed economic assist- deer herds, which are more mobile and Mr. Speaker, I reserve the balance of ance to our farmers, and it could not pose a greater risk to beef and dairy my time. have come at a better time. cattle. A quarantine zone exists in Mr. STENHOLM. Mr. Speaker, I yield Our Nation’s farmers and ranchers Michigan; however, positive deer have 11⁄2 minutes to the gentleman from are suffering from over 3 years of been found outside of the zone. Louisiana (Mr. JOHN). record-low commodity prices, drought, In addition, the disease has appeared Mr. JOHN. Mr. Speaker, I thank the and many other natural disasters lead- in badgers, bobcats, coyotes, raccoons, gentleman from Texas for yielding me ing to financial stress. In North Caro- and red foxes. When the disease is 11⁄2 minutes. lina, USDA estimates an 18 percent rampant, immediate action is nec- Being on the Subcommittee of Risk drop in farm income this year for 1999 essary. Management, Research, and Specialty levels. In addition, our producers will Compounding Michigan’s crisis are Crops that began the deliberations on continue to be greatly affected by in- the restrictions placed on Michigan’s this bill, I am proud to stand up here creasing interest rates that make farm beef and dairy cattle from entering before the House today and support the loans more and more expensive. I am other States for sale or slaughter. In conference committee report. happy to see that we have addressed the last 4 years, more than 18,000 I want to thank the gentleman from these problems with disaster assistance Michigan cattle have been exported to Texas (Chairman COMBEST), and the also included in this bill. The $7.1 billion slated to be paid to other States. Now over 43 States have subcommittee, and the gentleman from producers will help to offset the finan- restrictions on accepting Michigan cat- Texas (Mr. STENHOLM), the ranking cial difficulties they are going through. tle. Michigan farmers have lost their member of the full committee, for The reforms made to crop insurance markets and cannot recoup them until their tireless work in putting this piece will also aid our farmers. TB is eradicated. Help is needed now, of legislation together. This is a very More than 2 years ago, the gentleman not tomorrow, not next month, and important piece of legislation because I from Illinois (Mr. EWING) joined me in definitely not next year. think it heals the promises that were Laurinburg in the North Carolina So it is essential that we stop bovine made in the 1996 farm bill. eighth district to work on this issue of tuberculosis before it spreads to neigh- My understanding, I was not here at crop insurance, and here we are today. boring States. Prior to being down- the time, but my understanding of It is a great day for farm community. graded, Michigan had been bovine free when we passed the Freedom to Farms The chairman and ranking member and since 1979. We cannot, however, afford bills, the Congress’ obligation was two- all the staff worked so hard for years to wait another 21 years to regain a fold: First to provide a safety net and, to produce this very, very effective TB-free status, and these funds will second, to open new markets. bill. help in that effort. I think yesterday we took a major The bill increases premium subsidies I thank all of the conferees for their step in opening new markets for our in such a way to provide producers the work. rice producers and the other farmers incentive to buy higher levels of cov- Mr. COMBEST. Mr. Speaker, I yield across America; and maybe even today erage and improve participation in the myself such time as I may consume. we will have another opportunity to program. Mr. Speaker, when we started off on continue opening markets in the area In addition, the bill provides incen- this endeavor, the idea was to listen to of Cuba and other areas in other coun- tives through the development of new what farmers said was a problem in the tries. and innovative insurance products so current crop insurance program and to But the second part was creating a that we continue to provide our pro- do everything we could to try to make safety net, a safety net that is so im- ducers with the best tools possible. for certain that we could correct as portant to our rice producers and also Fraud, waste, and abuse also addressed much of that as possible within the our farmers across the country. in the bill go a long way towards re- constraints that we had. As always is So I stand here to support the con- storing integrity to the program. the case, when there is a pot of money, ference committee report because it Mr. Speaker, again, I thank the gen- it becomes very tempting to try to makes it accessible and it makes it af- tleman from Texas (Mr. COMBEST), divvy that up in a variety of ways. fordable. But, specifically, I want to chairman, and the gentleman from The conference that was concluded thank the gentlemen from Texas, Mr. Texas (Mr. STENHOLM), ranking mem- yesterday was concluded in 2 hours and COMBEST and Mr. STENHOLM, both of ber, and all involved for a wonderful 45 minutes. Nine members of the Sen- which worked with me to provide a bill. I encourage my colleagues’ sup- ate, nine members of the House and all provision to help south Louisiana’s rice port. 18 Members of that conference com- farmers. Mr. STENHOLM. Mr. Speaker, I yield mittee signed that report. This year, we had a drought of a 11⁄2 minutes to the gentleman from I think it does two things. Number magnitude that we have not seen in Michigan (Mr. STUPAK). one, I think it shows the significance of many, many years in southwest Lou- Mr. STUPAK. Mr. Speaker, I rise what this bill is doing. But I also think isiana. Under present law, rice farmers today to thank the conferees for bring- that it shows the significance of the were not covered under the drought
VerDate 25-MAY-2000 02:41 May 26, 2000 Jkt 079060 PO 00000 Frm 00011 Fmt 4634 Sfmt 0634 E:\CR\FM\K25MY7.030 pfrm02 PsN: H25PT1 H3826 CONGRESSIONAL RECORD — HOUSE May 25, 2000 provisions. I just wanted to thank for America, but what is good for our gram. Since the 103rd Congress, 12 percent them for being able to put the rice pro- farmers when we have 1.3 billion peo- of the cost of school lunches was to be in the vision in there for our rice farmers be- ple, the largest market in the world, form of agricultural products purchased for cause it is so important to them. that is now opening up to American schools. Mr. Speaker, I urge my colleagues to production. Last session, this law was modified to allow support the conference committee re- All of the groups that have come for- the 12 percent commodity requirement to be port. ward and have talked about the met through a combination of entitlement and Mr. COMBEST. Mr. Speaker, how amount of increase and income for bonus commodities. The savings achieved as much time is remaining? their producers and the amount of in- a result of this revision was used to help fund The SPEAKER pro tempore (Mr. crease in the price of hogs or cattle, the ``Ticket to Work and Work Incentives Im- PEASE). The gentleman from Texas the number of exports that will become provement Act of 1999.'' As a consequences, (Mr. COMBEST) has 21⁄2 minutes remain- available to us, it was really, in my schools will receive fewer commodities be- ing. The gentleman from Texas (Mr. opinion, a no choice, that we have now cause bonus commodities will be counted as STENHOLM) has 3 minutes remaining. made ourselves available to a market part of the 12 percent commodity requirement Mr. STENHOLM. Mr. Speaker, I yield that everyone else in the world would rather than in addition to the commodities myself such time as I may consume. have taken advantage of. schools would receive under this requirement. Mr. Speaker, just let me say in clos- The gentleman from Texas (Mr. At the same time, purchases of agriculture ing, again, I commend the gentleman STENHOLM) in every one of the field commodities will also be reduced. from Illinois (Chairman EWING) and the hearings that we held across the coun- The conference agreement restores $110 ranking members on this side for the try, not only asked the panel, but he million for the purchase of commodities for tremendous hard work that has gone asked the members in the audience, school meal programs. Both the children and into this package. There is no question and this has been several thousand the agriculture community benefit from these that our producers all across the Na- over 10 hearings, their position on pro- purchases and I thank the conferees for tion will be very appreciative of this fi- viding PNTR. In all of those hearings, agreeing to partially restore this important nancial assistance once again this total combined, well over 90 percent of commodity funding. year. the people indicated that they sup- The conference report also includes key I thank the actions, as the gentleman ported that activity. provisions of H.R. 4520, the Child and Adult from Texas (Chairman COMBEST) has I think that shows the kind of rec- Care Food Program Integrity Act of 2000, leg- mentioned a moment ago, tremendous ognition and support that American islation to combat fraud and abuse in the Child work of the staffs on both sides of the agriculture has, but I think it also and Adult Care Food Program (CACFP). The aisle who have been able to work to- shows the understanding that people Child and Adult Care Food Program provides gether in resolving many difficult have, number one, about what a great nutritious meals and snacks to children in day issues in which we do not always agree trade agreement that was, and number care facilities and family day care homes. It 100 percent. But this committee, under two, about its impact on agriculture. operates in 37,000 day care centers and the leadership of the gentleman from It was, I think, a very thoughtful 175,000 day care homes. Texas (Chairman COMBEST), I think, question that my colleague asked and Unfortunately, in recent years both the In- does as good and perhaps I would say carried through that, through the en- spector General of the U.S. Department of Ag- best job of any committee in the House tire hearing process, and I think, con- riculture and the General Accounting Office of working out differences between tinued to focus on it in its significance. (GAO) have issued reports of widespread both sides when we, perhaps, have dif- It also, I think, gave us a recognition fraud and abuse and deficient management ferences, not partisan differences, but of the amount of support that was out practices in the program. As a result, the full honest differences in the manner in there that otherwise would not have value of nutrition benefits the program delivers which various pieces of the legislation been done. has been denied to many of the 2.7 million should be written. So I think, as was stated earlier, the participating children nationwide. This was a difficult task with the ad- last 2 days have been extremely posi- Provisions included in the conference report, ditions and all, but it has been done in tive days for American agriculture. I based on H.R. 4520, would address fraud and a way in which I feel that can be rec- was glad to be a part of it and glad to abuse in CACFP and improve program man- ommended to our colleagues on both be a part of it on a team that works so agement. For example, the legislation will re- sides of the aisle for their support. bipartisan. quire the Agriculture Department to develop a Again, I thank the gentleman from Mr. GOODLING. Mr. Speaker, I rise in sup- plan for ongoing periodic training of state and Texas (Chairman COMBEST) for his port of the conference report on H.R. 2559, sponsor staff in the prevention of fraud and work and cooperation. the Agriculture Risk Protection Act. This legis- abuse; require a minimum number of unan- Mr. Speaker, I yield back the balance lation will provide important assistance to our nounced site visits for inspections; and permit of my time. nation's agricultural community and it will help the Secretary of Agriculture to withhold admin- Mr. COMBEST. Mr. Speaker, I yield our nation's children as well. istrative funds to states that have not met their myself the balance of the time. I was reared on a farm and know the hard- oversight responsibilities. It will also require Again, I thank the gentleman from ships faced by our nation's farmers. I was also child care provisions to notify parents if they Texas (Mr. STENHOLM), my friend and an educator and know the importance of en- are participating in the Child and Adult Care my neighbor there, for all the good suring that children eat nutritious meals. It is Food Program, so they can take action if they work and the efforts that have gone simple. Hungry children don't pay attention to suspect fraud and abuse. These are but a few into this, and, again, to the staff on the their schoolwork, they pay attention to their of the key provisions directed at eliminating minority side for the efforts and for growling stomachs. fraud and abuse in the Child and Adult Care their work. Currently farmers in my Congressional dis- Food Program. If I might just take a moment, Mr. trict are experiencing problems with plum pox. Enactment of this legislation will ensure that Speaker, to, not only talk about the I want to thank the conferees for including in- CACFP funds will be used to feed children significance of this bill, but the signifi- demnification authorization for fruit growers af- and not end up in the hands of unscrupulous cance of what happened in the House fected by the plum pox virus in Adams Coun- program sponsors and care providers. yesterday. One of the glaring concerns ty, Pennsylvania, as directed by Secretary Mr. Speaker, I urge my colleagues to sup- that agriculture has faced over the last Glickman in his March 2, 2000 declaration of port H.R. 2559, the Agriculture Risk Protection 3 years has been a concern about the Extraordinary Emergency. Act. It provides important assistance to our ability or inability to expand markets. Mr. Speaker, this legislation also includes country's farmers and ensures the provision of While I recognize and appreciate the several provisions affecting our federal child vital nutrition assistance to our nation's chil- deep-held feelings of those people who nutrition programs. I would like to highlight dren. were opposed to the granting of perma- several of the key provisions. Mr. CONDIT. Mr. Speaker, I'd like to begin nent normal trade relations with The first provision is based on H.R. 3614, by thanking the Agriculture Committee mem- China, I think it was one of the most the Emergency Commodity Distribution Act of bers and staff for their hard work on the Agri- significant votes that we could take in 2000. This legislation was introduced to re- cultural Risk Protection Act of 2000. This bill this House on, not only what is good store recent cuts to the School Lunch Pro- goes far in providing much needed assistance
VerDate 25-MAY-2000 01:37 May 26, 2000 Jkt 079060 PO 00000 Frm 00012 Fmt 4634 Sfmt 9920 E:\CR\FM\K25MY7.032 pfrm02 PsN: H25PT1 May 25, 2000 CONGRESSIONAL RECORD — HOUSE H3827 to farmers nationally, and for the first time ef- this issue and provided appropriate funding in needs to have a thoughtful discussion of the fectively addresses the unique conditions of the Agriculture Risk Protection Act Conference commodity price problems facing rural Amer- California specialty crops. Report. ica. H.R. 2559 short-circuits the deliberative A main concern of specialty crop producers This bill provides the necessary support for process that is the great hallmark of democ- is the lack of insurance programs that meet our vintners with $7.14 million in funding for racy. Hopefully, rural America will see through their risk management needs. This bill control and containment activities in California this half-hearted approach and call on Con- prioritizes $25 million for research and devel- and $25 million to compensate growers for gress to act in a more responsible manner. opment of new and improved insurance prod- losses due to three different diseases includ- Mr. BEREUTER. Mr. Speaker, this Member ucts for these growers. Additionally, new man- ing Pierce's Disease. rises in strong support of the conference re- dates on RMA to contract out and reimburse We cannot rest until a cure for this disease port for H.R. 2559, the Agricultural Risk Pro- private sector research and development of is found and the Glassy-winged Sharpshooter tection Act, which provides for the reform of crop insurance programs will expedite product is eradicated. I'm glad that this bill takes a our Federal crop insurance program, and development and reform. The streamlining of major step in that direction. urges his colleagues to vote for it. RMA's review and development procedures Mr. KIND. Mr. Speaker, I am extremely dis- This Member would like to begin by ex- encourages new product availability in re- appointed in H.R. 2559, the conference report pressing appreciation to the distinguished gen- sponse to proposals and requests from pro- on the Agriculture Risk Protection Act. While tleman from Texas (Mr. COMBEST), the Chair- ducers and approved insurance providers. A originally intended as a simple crop insurance man of the Agriculture Committee, and the specialty crop coordinator will be appointed to measure, H.R. 2559 instead is a sad com- distinguished gentleman from Texas (Mr. expand existing policies and coverage for spe- mentary of the state of our nation's current STENHOLM), the Ranking Member of the Com- cialty crops. dysfunctional farm policy. mittee, for their hard work on this important To increase specialty crop participation in The crop insurance reform bill that this body legislation. crop insurance programs, cooperatives and is set to vote upon codifies some of the basic As an original cosponsor of H.R. 2559, this non-profit trade associations are permitted to principles that many of us have been advo- Member is pleased that this conference report offer Catastrophic and additional levels of in- catingÐaffordability, and buy-up coverage. I is being considered today. Agricultural pro- surance to their members where state law al- am happy that the measure authorizes an in- ducers throughout the country continue to suf- lows licensing fees. Members of these co- crease in the number of counties that can par- fer from disastrously low commodity prices operatives who are located in adjacent states ticipate in the dairy options pilot program and in some regions from adverse weather also benefit from this provision. California (DOPP), authorizes the creation of livestock conditions. For instance, Nebraska farmers farmers will benefit tremendously from this insurance program, and improved coverage of are confronting one of the most serious droughts in decades. provision, since cooperatives will now be al- specialty cropsÐincluding cranberries, apples, This Member believes that this conference lowed to encourage farmer participation in and vegetable crops grown in Wisconsin. report is an important step toward developing crop insurance programs and assist in the Unfortunately, the conference committee has unnecessarily included $7.1 billion in a more effective long-term approach to assist- payment of fees. ing agricultural producers. Improving crop in- Participation is also increased by the elimi- emergency farm payments in the bill. This leg- surance is certainly not the only solution to the nation of an area-wide loss before disaster islation is not the proper vehicle for such out- current problems, but it does provide a more payments can be made to producers of cur- lays. Instead, the House should deal with adequate safety net to farmers who are too these matters separately, in a more thorough rently non-insurable crops. In states with less often confronted with natural disasters and low than 50 percent of national participation aver- and thoughtful manner. The emergency farm assistance fails the prices. age, the USDA Secretary is also instructed to The Agricultural Risk Protection Act will American farmer and rural communities in a take steps to study and develop other ways to make crop insurance coverage more afford- number of ways. Specifically, it fails to target increase participation. able at every level. It will offer producers sig- the assistance to those producers and com- I am very pleased with the reforms made in nificant incentives to purchase higher levels of this year's crop insurance legislation and modities that need it most. By distributing protection and provide farmers with the flexi- thank you on behalf of all California farmers these funds through the inequitable Agriculture bility to purchase the coverage that best for responding to their needs. Marketing Transition Act (AMTA) formula, this meets their needs. Mrs. CAPPS. Mr. Speaker, I rise today in legislation places a priority on wheat and feed It is important to note that this crop insur- support of Agriculture Risk Protection Act Con- grains grown on large operations in the Great ance reform bill also improves the current risk ference Report. This bill provides important Plains and fails to address the needs of fam- management structure by providing better cov- support for our Nation's farmers an ensures ily-sized operations. erage for both production and revenue. It does that Americans will have a steady, affordable According to a recent computer investigation so by making possible more affordable poli- food supply. by the Environmental Working Group, ``tax- cies to protect farmers against price and in- I want to address an issue that is of par- payers have provided $22.9 billion in emer- come loss. The legislation also initiates a live- ticular importance to my districtÐthe spread of gency subsidies (payments above normal farm stock pilot program to test the effectiveness of Pierce's Disease. I am pleased that this bill in- bill receipts) during the first three years of the risk management tools to protect livestock pro- cludes much-needed funding to combat `Freedom to Farm' law, but 10 percent of the ducers. Pierce's disease and the Glassy-winged recipients (144,000 participants) collected 61 This Member's constituents have made it Sharpshooter which spread it. This disease is percent of the money.'' Even President Clin- clear that crop insurance is a necessary risk having a devastating effect on California vint- ton's Agriculture Secretary opposes this deliv- management tool. Unfortunately, it is often too ners, and needs to be brought under control ery mechanism, claiming that AMTA payments expensive or offers too little protection to be of before it does even greater damage. treat ``the farm economy as monolith, failing to real value. This legislation takes these con- Although outbreaks in my district have been consider the varying degree of market weak- cerns into account and offers agricultural pro- limited, recent sightings of the Glassy-winged ness across commodities.'' Sadly, this bill fails ducers what they needÐmeaningful and more Sharpshooter are very worrisome. Just the to correct this economic injustice. affordable crop insurance. other day eggs of the Glassy-winged Sharp- In addition, the AMTA payments do not in- This Member is also pleased that this con- shooter were found on plants at two northern crease farm conservation programs. In a pe- ference report includes funding for emergency San Luis Obispo County nurseries. riod when a growing segment of the American payments to farmers. The 1996 Freedom to While we have been experimenting with dif- population is calling for improvements in clean Farm Act was based on the premise of ex- ferent ways to combat Pierce's Disease, cur- water and air, as well as more sustainable ag- panding international markets for the commod- rently there is no known cure. Central Coast riculture practices in general, it is irresponsible ities produced by our nation's farmers. This wine grape growers are banding together and not to allocate adequate funds to programs clearly has not happened. Certainly, one of contributing funds to fight this disease. We in that address the growing concentrated animal the root causes of the current low commodity the federal government need to support these agriculture industry and its related phos- prices was the drop in exports, especially to efforts. phorous and nutrient management problems Asia as a result of the region's economic I joined members of the Wine Caucus in as well as hazards associated with crop fer- down-turn. Nobody could have predicted the urging the Agriculture Subcommittee of the tilizer use. Asian financial crisis or the contagion effect Appropriations Committee to increase funding American farmers deserve more than this which is still being felt. for combating Pierce's Disease. I am pleased short-sighted, inequitable, shot-gun approach Also, because of the strength of our national that the Subcommittee saw the importance of to farm policy. This nation, and this body, economy relative to most other countries, the
VerDate 25-MAY-2000 01:37 May 26, 2000 Jkt 079060 PO 00000 Frm 00013 Fmt 4634 Sfmt 9920 E:\CR\FM\A25MY7.005 pfrm02 PsN: H25PT1 H3828 CONGRESSIONAL RECORD — HOUSE May 25, 2000 value of our currency compared to others now Farming is not only a job that requires end- journs on the legislative day of Thursday, makes our exports less price-competitive in less hours of hard work and planning. It also May 25, 2000, or Friday, May 26, 20000, on a Asian markets than our competitor exporters requires a substantial amount of courage to be motion offered pursuant to this concurrent a farmer. Our farmers take risks every year by resolution by its Majority Leader or his des- like Canada, Australia, Brazil, or the nations of ignee, it stand adjourned until 10:30 a.m. on the European Union. Thus, there is not only a putting their livelihood on the line in order to Tuesday, June 6, 2000, for morning-hour de- dramatically reduced agricultural export market produce for their communities. They invest the bate, or until noon on the second day after in Asia, we are also getting a reduced portion money they have worked so hard to save in Members are notified to reassemble pursuant of the remaining Asian import business. a crop or a number of crops with the hope that to section 2 of this concurrent resolution, Clearly, an emergency agriculture relief the rains will come and that a tornado and the whichever occurs first; and that when the package is needed immediately. Producers insects will not. Senate recesses or adjourns at the close of are in desperate need of a quick infusion of But, as we all know, those conditions are business on Thursday, May 25, 2000, Friday, cash to help them deal with low prices and in- never guaranteed. But my fellow Congress- May 26, 2000, Saturday, May 27, 2000, or Sun- men and I can guarantee them an affordable day, May 28, 2000, on a motion offered pursu- creasing costs. However, as important as that ant to this concurrent resolution by its Ma- relief is, it is only a temporary fix. A long-term safety net. Providing our dwindling farming population with a cheaper and broader insur- jority Leader or his designee, it stand re- approach is clearly needed. This conference cessed or adjourned until noon on Monday, report, which includes significant improve- ance program is the least we can do for the June 5, 2000, or Tuesday, June 6, 2000, as may ments in the crop insurance program, is an men and women who work to provide for each be specified by its Majority Leader or his important component of that effort. one of us in this House. designee in the motion to recess or adjourn, This Member urges his colleagues to vote The provision in this conference report that or at such other time on that day as may be makes catastrophic coverage available for all for the conference report for H.R. 2559. specified by its Majority Leader or his des- farmers for a simple fee is certainly appealing ignee in the motion, or until noon on the Mr. LAHOOD. Mr. Speaker, I rise today in to Tennessee's farmers who have been hit by second day after Members are notified to re- support of the conference report for H.R. a recent wave of tornadoes and droughts over assemble pursuant to section 2 of this con- 2559, the Agricultural Risk Protection Act of the past several years. current resolution, whichever occurs first. 2000. I believe that this legislation is para- Tennessee's single crop and lower yield SEC. 2. The Speaker of the House and the mount to providing much needed assistance to farmers are especially excited about the Majority Leader of the Senate, acting jointly after consultation with the Minority Leader our nations farmers and ranchers. change in their actual production history for- In 1996, Congress passed the Freedom to of the House and the Minority Leader of the mula. These farmers will now be able to in- Senate, shall notify the Members of the Farm bill, which was designed to limit govern- sure more of their investments and feel more ment's role in agriculture. This legislation ad- House and the Senate, respectively, to reas- secure about their ability to support their fami- semble whenever, in their opinion, the public dresses some of the short falls of Freedom to lies. Ladies and gentlemen these are only a interest shall warrant it. Farm by providing temporary economic relief few examples of the benefits of this legislation. b 1130 to our farm community, as well as imple- I call on each one of my fellow members of menting crop insurance reform. Congress to join me and support this con- The concurrent resolution was agreed The reforms to the crop insurance program ference report for America's courageous farm- to. will strengthen the farm safety net by providing ers. A motion to reconsider was laid on producers improved risk management tools to Mr. COMBEST. Mr. Speaker, I yield the table. address the inherit risks associated with farm- back the balance of my time. f ing. I believe that these reforms are nec- The SPEAKER pro tempore. Without MAPPING OF HUMAN GENOME essary, and that they will remove need for the objection, the previous question is or- type of emergency assistance Congress has dered on the conference report. (Ms. SLAUGHTER asked and was provided agricultural producers over the past There was no objection. given permission to address the House two years. The conference report was agreed to. for 1 minute.) I am especially appreciative that this con- A motion to reconsider was laid on Ms. SLAUGHTER. Mr. Speaker, I ference report contains the House crop insur- the table. would like to speak for a moment this ance reform language calling for the imple- f morning on a measure that affects all mentation of livestock pilot programs. These GENERAL LEAVE Americans and about which I am afraid pilot programs would provide livestock pro- this Congress is doing nothing, and Mr. COMBEST. Mr. Speaker, I ask ducers with the necessary risk management that is the mapping of the human ge- unanimous consent that all Members nome. tools to cope with disasters, weather shifts, may have 5 legislative days within and other natural acts beyond their control It is expected to be finished within which to revise and extend their re- the next month. We will know more without fear that the cost of doing the right marks on the conference report to ac- thing will put them out of business. about our human body than we have company H.R. 2559 just passed. ever known before, and it will be a I am also supportive of the anti-fraud provi- The SPEAKER pro tempore. Is there wonderful way to present health care. sions in the crop insurance legislation. These objection to the request of the gen- We expect that, once we understand provisions direct the Federal Crop Insurance tleman from Texas? Corporation and the Farm Service Agency to There was no objection. the human makeup, we will be able to do much more for prevention of dis- work together to reconcile producer informa- f tion on an annual basis, to identify producers eases, and diseases that have plagued and insurers who are abusing the program. ADJOURNMENT OF THE HOUSE us over the centuries will be no more. As I stated earlier, I believe that this is FROM THURSDAY, MAY 25, 2000 Unfortunately, there is a downside to sound legislation. I want to commend all the OR FRIDAY, MAY 26, 2000 TO this wonderful scientific venture, and conferees and committee staff for their hard TUESDAY, JUNE 6, 2000, AND RE- that is the issue of health insurance. work and dedication, particularly Chairman CESS OR ADJOURNMENT OF SEN- Discrimination is already taking place COMBEST and Ranking Member STENHOLM. ATE FROM THURSDAY, MAY 25, against people who are afraid to find Mr. CLEMENT. Mr. Speaker, first of all, I 2000 OR FRIDAY, MAY 26, 2000 OR out what their genetic makeup is for would like to congratulate Congressman COM- SATURDAY, MAY 27, 2000 OR SUN- fear that it would cause them to lose BEST of Texas for introducing the Agricultural DAY, MAY 28, 2000 TO MONDAY, their health insurance or that the rates Risk Protection Act of 2000. The conference JUNE 5, 2000 OR TUESDAY, JUNE and conditions would change to such report that we are voting on today will provide 6, 2000 an extent that they could no longer af- a badly needed overhaul of our crop insurance Mr. LINDER. Mr. Speaker, I offer a ford it. system. privileged concurrent resolution (H. We have a bill, Mr. Speaker, H.R. 306, All of us who represent and have grown up Con. Res. 336) and ask for its imme- which has good bipartisan support in in rural areas know the importance of our na- diate consideration. the House by 220 sponsors at this time, tion's farmers. The weather over the past cou- The Clerk read the concurrent reso- more than enough to pass. I would like ple of years has not been very generous to lution, as follows: very much to see this come to the floor Tennessee's farmers and now, more than H. CON. RES. 336 on the suspension calendar, on which I ever, they need federal policy to help them Resolved by the House of Representatives (The am sure it would pass, simply to give these tough times. Senate concurring), That when the House ad- the peace of mind to every American
VerDate 25-MAY-2000 01:37 May 26, 2000 Jkt 079060 PO 00000 Frm 00014 Fmt 4634 Sfmt 0634 E:\CR\FM\A25MY7.007 pfrm02 PsN: H25PT1 May 25, 2000 CONGRESSIONAL RECORD — HOUSE H3829 that the genetic makeup with which and surgery by the State in which the doctor limits on the power of States to restrict the they were born would not cause them performs such activity, or any other indi- right of a woman to choose to terminate a to lose their health insurance. vidual legally authorized by the State to per- pregnancy; and It is important for us to make sure form abortions: Provided, however, That any (4) women should not be forced into illegal individual who is not a physician or not oth- and dangerous abortions as they often were that people understand we are not erwise legally authorized by the State to prior to the Roe v. Wade decision. talking about a different population, perform abortions, but who nevertheless di- (b) SENSE OF CONGRESS.—It is the sense of we are talking about us. Each one of us rectly performs a partial-birth abortion, the Congress that— is believed to be born with between five shall be subject to the provisions of this sec- (1) Roe v. Wade was an appropriate deci- and 30 faulty genes. And it is the rank- tion. sion and secures an important constitutional est form of discrimination to deny ‘‘(c)(1) The father, if married to the mother right; and health insurance on genetic grounds, at the time she receives a partial-birth abor- (2) such decision should not be overturned. because simply having a faulty gene tion procedure, and if the mother has not at- MOTION OFFERED BY MR. CANADY OF FLORIDA tained the age of 18 years at the time of the Mr. CANADY of Florida. Mr. Speak- does not ensure that they will get the abortion, the maternal grandparents of the condition and, if they did, it might be fetus, may in a civil action obtain appro- er, pursuant to the rule, I offer a mo- 40 years down the road. That discrimi- priate relief, unless the pregnancy resulted tion. nation is already taking place, Mr. from the plaintiff’s criminal conduct or the The Clerk read as follows: Speaker. plaintiff consented to the abortion. Mr. CANADY of Florida moves to strike all I want to urge this House to take up ‘‘(2) Such relief shall include— after the enacting clause of the bill, S. 1692, as expeditiously as possible H.R. 306 so ‘‘(A) money damages for all injuries, psy- and to insert in lieu thereof the text of the chological and physical, occasioned by the bill, H.R. 3660, as passed by the House. that we can assure Americans that violation of this section; and their health insurance will be kept in- The motion was agreed to. ‘‘(B) statutory damages equal to three The Senate bill was ordered to be tact. times the cost of the partial-birth abortion. f ‘‘(d)(1) A defendant accused of an offense read a third time, was read the third under this section may seek a hearing before time, and passed, and a motion to re- PARTIAL-BIRTH ABORTION BAN the State Medical Board on whether the phy- consider was laid on the table. ACT OF 2000 sician’s conduct was necessary to save the MOTION TO GO TO CONFERENCE Mr. CANADY of Florida. Mr. Speak- life of the mother whose life was endangered Mr. CANADY of Florida. Mr. Speak- er, pursuant to House Resolution 457, I by a physical disorder, illness or injury. er, pursuant to the rule, I offer a mo- ‘‘(2) The findings on that issue are admis- call up from the Speaker’s table the sible on that issue at the trial of the defend- tion. Senate bill (S. 1692) to amend title 18, ant. Upon a motion of the defendant, the The Clerk read as follows: United States Code, to ban partial- court shall delay the beginning of the trial Mr. CANADY of Florida moves that the birth abortions, and ask for its imme- for not more than 30 days to permit such a House insist on its amendment to the bill, S. diate consideration in the House. hearing to take place. 1692, and request a conference with the Sen- The Clerk read the title of the Senate ‘‘(e) A woman upon whom a partial-birth ate thereon. bill. abortion is performed may not be prosecuted The motion was agreed to. The text of S. 1692 is as follows: under this section, for a conspiracy to vio- A motion to reconsider was laid on late this section, or for an offense under sec- S. 1692 tion 2, 3, or 4 of this title based on a viola- the table. Be it enacted by the Senate and House of Rep- tion of this section.’’. MOTION TO INSTRUCT CONFEREES resentatives of the United States of America in (b) CLERICAL AMENDMENT.—The table of Mr. CONYERS. Mr. Speaker, I offer a Congress assembled, chapters for part I of title 18, United States motion to instruct conferees. SECTION 1. SHORT TITLE. Code, is amended by inserting after the item The Clerk read as follows: relating to chapter 73 the following new This Act may be cited as the ‘‘Partial- Mr. CONYERS moves that the managers on item: Birth Abortion Ban Act of 1999’’. the part of the House at the conference on SEC. 2. PROHIBITION ON PARTIAL-BIRTH ABOR- ‘‘74. Partial-birth abortions ...... 1531’’. the disagreeing votes of the two Houses on TIONS. SEC. 3. SENSE OF CONGRESS CONCERNING ROE the House amendment to the Senate bill, S. (a) IN GENERAL.—Title 18, United States V. WADE AND PARTIAL BIRTH ABOR- 1692, be instructed to meet promptly with Code, is amended by inserting after chapter TION BANS. the managers on the part of the Senate on 73 the following: (a) FINDINGS.—Congress finds that— all issues committed to conference. (1) abortion has been a legal and constitu- ‘‘CHAPTER 74—PARTIAL-BIRTH tionally protected medical procedure The SPEAKER pro tempore. Pursu- ABORTIONS throughout the United States since the Su- ant to rule XX, the gentleman from ‘‘Sec. preme Court decision in Roe v. Wade (410 Michigan (Mr. CONYERS) and the gen- ‘‘1531. Partial-birth abortions prohibited. U.S. 113 (1973)); and tleman from Florida (Mr. CANADY) each ‘‘§ 1531. Partial-birth abortions prohibited (2) no partial birth abortion ban shall will be recognized for 30 minutes. ‘‘(a) Any physician who, in or affecting apply to a partial-birth abortion that is nec- The Chair recognizes the gentleman interstate or foreign commerce, knowingly essary to save the life of a mother whose life from Michigan (Mr. CONYERS). performs a partial-birth abortion and there- is endangered by a physical disorder, illness, Ms. JACKSON-LEE of Texas. Mr. Speaker, or injury. by kills a human fetus shall be fined under I support the current motion to recommit by this title or imprisoned not more than two (b) SENSE OF CONGRESS.—It is the sense of years, or both. This paragraph shall not the Congress that partial birth abortions are Mr. CONYERS. apply to a partial-birth abortion that is nec- horrific and gruesome procedures that Like the House Bill that was unfortunately essary to save the life of a mother whose life should be banned. passed in April, this act, despite its title is is endangered by a physical disorder, illness, SEC. 4. SENSE OF CONGRESS CONCERNING A nothing more than an attempt to inhibit a or injury. This paragraph shall become effec- WOMAN’S LIFE AND HEALTH. woman's constitutional right to choose. tive one day after enactment. It is the sense of the Congress that, con- Although the majority conveniently skirts the ‘‘(b)(1) As used in this section, the term sistent with the rulings of the Supreme issue of the 1973 Supreme Court decision of Court, a woman’s life and health must al- ‘partial-birth abortion’ means an abortion in Roe v. Wade, this law is still in effect and we which the person performing the abortion de- ways be protected in any reproductive health liberately and intentionally— legislation passed by Congress. must recognize a woman's right to have an ‘‘(A) vaginally delivers some portion of an SEC. 5. SENSE OF CONGRESS CONCERNING ROE abortion especially if her life is threatened. intact living fetus until the fetus is partially V. WADE. Yes, it is true that technological advance- outside the body of the mother, for the pur- (a) FINDINGS.—Congress finds that— ment in the medical field has enabled women pose of performing an overt act that the per- (1) reproductive rights are central to the to better monitor their pregnancies so that son knows will kill the fetus while the fetus ability of women to exercise their full rights they may bring healthy children into this world. is partially outside the body of the mother; under Federal and State law; However, some pregnancies may involve and (2) abortion has been a legal and constitu- problems that may threaten the life and/or ‘‘(B) performs the overt act that kills the tionally protected medical procedure fetus while the intact living fetus is par- throughout the United States since the Su- health of the mother. tially outside the body of the mother. preme Court decision in Roe v. Wade (410 For example, continuing the pregnancy may ‘‘(2) As used in this section, the term ‘phy- U.S. 113 (1973)); result in severe heart disease, malignancies sician’ means a doctor of medicine or osteop- (3) the 1973 Supreme Court decision in Roe and kidney failure. In these situations, when a athy legally authorized to practice medicine v. Wade established constitutionally based woman is faced with a life or death decision,
VerDate 25-MAY-2000 01:37 May 26, 2000 Jkt 079060 PO 00000 Frm 00015 Fmt 4634 Sfmt 9920 E:\CR\FM\K25MY7.045 pfrm02 PsN: H25PT1 H3830 CONGRESSIONAL RECORD — HOUSE May 25, 2000 she must have the right to make a choice These are just some of the many problems vention of any point of order to consider in whether to continue her pregnancy. with S. 1692/H.R. 3660 and these alone the House the bill (H.R. 3916) to amend the The procedure referred to in S. 1692/H.R. should make anyone question the appropriate- Internal Revenue Code of 1986 to repeal the 3660 has been used to protect the mother's excise tax on telephone and other commu- ness of such legislation. nication services. The bill shall be consid- life but many times these late term abortions We can not straddle the fence on this issue. ered as read for amendment. The amendment are primarily done when the abnormalities of It is either to protect the rights of women or recommended by the Committee on Ways the fetus are so extreme that independent life take them away completely. and Means now printed in the bill shall be is not possible. Women have fought hard and long to have considered as adopted. The previous question Many times in the issue of abortion we tend autonomy over their bodies and by putting re- shall be considered as ordered on the bill, as to glorify a potential life but refuse to acknowl- strictions on what type of abortions she is al- amended, to final passage without inter- edge the actual living human being that has lowed to receive would put women back in the vening motion except: (1) one hour of debate conceived that life. on the bill, as amended, equally divided and era of Pre-Roe v. Wade. controlled by the chairman and ranking mi- This actual living human being has rights By banning partial birth abortions not only enumerated in the Constitution that can not be nority member of the Committee on Ways are we taking the right of women to have au- and Means; and (2) one motion to recommit infringed upon regardless of what type of tonomy over their bodies and the right of fami- with or without instructions. abortion is being performed especially if it is to lies to determine their future, but we are also The SPEAKER pro tempore. The gen- save the life of mother. taking the right of women to live their lives as tleman from Georgia (Mr. LINDER) is If society picks and chooses which type of healthy American citizens and treating them abortion one should have then once again we recognized for 1 hour. like prisoners in their own country. Mr. LINDER. Mr. Speaker, for the are taking away the right of a woman to Mr. CONYERS. Mr. Speaker, we have purpose of debate only, I yield the cus- choose. no speakers, and I yield back the bal- If this conference report is supported by the tomary 30 minutes to the gentlewoman ance of my time. from New York (Ms. SLAUGHTER), pend- majority, this S. 1692/H.R. 3660 would put the Mr. CANADY of Florida. Mr. Speak- government in the doctor's office and leave ing which I yield myself such time as I er, I have no objection to the motion to may consume. During consideration of the health of women unprotected. instruct conferees, and I yield back the I would be amiss if I did not highlight the this resolution, all time yielded is for balance of my time. fact that the terminology being employed by the purpose of debate only. The SPEAKER pro tempore. Without proponents of this bill is a term with absolutely Mr. Speaker, House Resolution 511 is objection, the previous question is or- no medical or scientific meaning. a closed rule providing for consider- On the contrary, this term is a being used dered on the motion. ation of H.R. 3916, the Telephone Ex- solely to enrange and misguide the public. In There was no objection. cise Tax Repeal Act. This bill is de- fact, this term was actually adopted from a The SPEAKER pro tempore. The signed to amend the Internal Revenue speech given by an anti-abortion advocate. question is on the motion to instruct Code to repeal the excise tax on tele- Hence, the attempt to assuage our concerns offered by the gentleman from Michi- phone and other communications serv- that this legislation is not an attempt to cir- gan (Mr. CONYERS). ices. cumvent a woman's constitutional right is sim- The motion to instruct was agreed H. Res. 511 provides for 1 hour of de- ply untrue. to. bate equally divided and controlled by Therefore, I will not use this propagandist A motion to reconsider was laid on the chairman and ranking minority term ``partial birth'' abortion, but instead give the table. member of the Committee on Ways and this bill the title it deserves, the ``Abortion Ban APPOINTMENT OF CONFEREES Means. The rule waives all points of of 2000.'' The SPEAKER pro tempore. Without order against consideration of the bill. S. 1692/H.R. 3660 is another attempt to put objection, the Chair appoints the fol- The rule provides that the amendment politics before women's health. The over- lowing conferees: Messrs. HYDE, CAN- recommended by the Committee on whelming majority of courts have to have ruled ADY of Florida, GOODLATTE, CONYERS, Ways and Means now printed in the bill on challenges to state so-called ``partial-birth and WATT of North Carolina. shall be considered as adopted upon abortion'' bans have declared those bans un- There was no objection. adoption of the resolution. Finally, the constitutional. f rule provides one motion to recommit, Despite the passage of abortion bans in with or without instructions, as is the b state legislatures throughout the country, on 1145 right of the minority. election day in both 1998 and 1999, ballot ini- RECESS Mr. Speaker, when it comes to unin- tended consequences in crafting tax tiatives that would have enacted this type of The SPEAKER pro tempore (Mr. law were defeated in Washington, Colorado policy, the Federal Government has LATOURETTE). Pursuant to clause 12 of and finally Maine. The people of this country shown a tendency to lead the way. If rule I, the Chair declares the House in you remember, in 1991 the U.S. Con- do no support this type of law. recess for 10 minutes. In fact, only 12 states have abortion bans in gress passed a luxury tax on yachts to Accordingly (at 11 o’clock and 46 effect, but 9 of these states have not yet been punish the rich, a tax that subse- minutes a.m.), the House stood in re- challenged. quently bankrupted American compa- Furthermore, Six federal district courts have cess for 10 minutes. nies, forced sales in that sector to drop issued permanent injunctions against statutes f 75 percent, and resulted in the loss of virtually identical to S. 1692/H.R. 3660 and the AFTER RECESS about 30,000 jobs. That Congress Supreme Court is set to decide on this issue thought that the luxury tax was a tax The recess having expired, the House in Stenberg v. Carhart. on the rich, and the unintended con- was called to order by the Speaker pro I agree with my democratic colleagues that sequences of their actions resulted in a tempore (Mr. LATOURETTE) at 11 any action by Congress would be premature tax on American workers and the loss o’clock and 57 minutes a.m. and even mooted by the Court's decision. of their jobs. Notwithstanding the potentially mootness of f b 1200 this discussion, proponents of this legislation PROVIDING FOR CONSIDERATION Today we are going to discuss the not only mischaracterize the reasons under- OF H.R. 3916, TELEPHONE EXCISE telecommunications tax, a tax that is lying the use of late term abortions, but they TAX REPEAL ACT failed to even recognize the constitutional currently having the unintended con- rights espoused by the Supreme Court in roe Mr. LINDER. Mr. Speaker, by direc- sequence of limiting the opportunities and reaffirmed in Casey. tion of the Committee on Rules, I call of lower- and middle-income Americans The ambiguity of this legislation further frus- up House Resolution 511 and ask for its to have affordable access to the infor- trates the rights of women in the Nation and immediate consideration. mation superhighway. In effect, it is a chills legitimately protected rights. The Clerk read the resolution, as fol- tax on talking and on access to the This legislation could essentially ban more lows: Internet. one type of procedure because is fails to dis- H. RES. 511 This particular telecommunications tinguish between abortions before and after vi- Resolved, That upon the adoption of this tax was enacted by Congress in 1898 to ability. resolution it shall be in order without inter- help pay for the Spanish-American
VerDate 25-MAY-2000 02:41 May 26, 2000 Jkt 079060 PO 00000 Frm 00016 Fmt 4634 Sfmt 0634 E:\CR\FM\A25MY7.012 pfrm02 PsN: H25PT1 May 25, 2000 CONGRESSIONAL RECORD — HOUSE H3831 War. While the war has been over for Ms. SLAUGHTER. Mr. Speaker, I happen only if electronic commerce is 102 years, like most temporary taxes, it yield myself such time as I may con- available to everyone in the country. is now a permanent tax. In 1990, the sume. Electronic commerce cannot work if same tax-happy Congress that brought (Ms. SLAUGHTER asked and was low-income populations in our urban you the disastrous luxury boat tax, de- given permission to revise and extend centers, in our rural communities, as cided in its wisdom to make the tele- her remarks.) well as Native Americans, do not have communications tax permanent. Ms. SLAUGHTER. Mr. Speaker, I access to it. The Federal Government The tax originally consisted of a thank the gentleman from Georgia for has the responsibility for ensuring that penny tax on long distance calls cost- yielding me the customary 30 minutes. our children and adults have the oppor- ing more than 15 cents. It is important Mr. Speaker, this is a noncontrover- tunity to acquire the skills needed to to note that in 1898 there were approxi- sial measure that came out of the Com- succeed in a digital work world. mately 1,376 telephones in this entire mittee on Ways and Means unani- Mr. Speaker, I reserve the balance of country, and that, of course, this lux- mously. The measure would repeal over my time. ury tax would affect only the very, 3 years the 3 percent telephone excise Mr. LINDER. Mr. Speaker, I am very rich. However, in the 21st century, tax imposed originally to finance the pleased to yield such time as he may 102 years after this temporary tax was Spanish-American War. Under the bill, consume to the gentleman from Mis- initially enacted, this tax hits not just the 3 percent tax would be reduced to 2 souri (Mr. BLUNT.) the rich, but all Americans. percent 30 days after it becomes law, it Mr. BLUNT. Mr. Speaker, here we In fact, this regressive tax hammers will drop to 1 percent October 1, 2001, are to talk about repealing a tax that lower-income Americans the hardest. and would be fully repealed on October was put on in 1898 to fight the Spanish- According to the Bureau of Labor Sta- 1, 2002. American War. We thought the war tistics, families earning between $10,000 The tax has been repealed on two pre- lasted 8 months. I used to teach history and $30,000 a year spend between 3 and vious occasions, but was brought back at high school and then later at col- 4 percent of their incomes on tele- in different forms to pay for World War lege, and I suggested that was one of communications. Those Americans I and World War II, and then increased our quickest wars, only to find out as making $70,000 or more each year spend to help fund the Vietnam War. It was we look at how many dollars have been about 1 percent of their income on tele- made permanent in 1990, with the collected on this tax over the years communications. money going into the general treasury. that in any measure of dollars, the Nonetheless, the truth is that all Phasing out this excise tax is a wor- Spanish-American War turned out to Americans must now pay a 3 percent thy objective, as is it is becoming in- be the most expensive war in the coun- tax on their phone bill, an estimated creasingly difficult to administer as try’s history; $5 billion collected last 252 million business and residential technological advances blur the dis- year in a tax that was put on in 1898 to phone lines. The tax can be applied to tinction between taxable and non- fight the Spanish-American War. telecommunications services such as taxable communications services. I Of course, it was a tax on only the general household phone lines, cellular would echo the concerns expressed by rich, because in 1898 only the rich had phones, fax lines, computer modem the administration, however, that this telephones. Now it is a tax on the peo- lines, subscriber line charges, add-on revision should be enacted as part of an ple whose telephone is the lifeline of features such as call waiting and caller overall budget framework for main- their life. It is a tax on people who use ID, toll call services and directory as- taining fiscal discipline, for paying the telephone only for the most basic sistance. As you may have guessed, all down the national debt and for extend- necessity, because it is a tax on the Americans, rich and poor, now have to ing the solvency of Medicare and So- local service only. If you are on a fixed pay the tax. cial Security. The administration esti- income, if you are a senior citizen, if Mr. Speaker, this is just one more mates that Federal receipts would be you have a telephone to call your fam- tax that makes the costs prohibitive reduced by $1.5 billion in fiscal year ily, to call the doctor, to make an for lower-income Americans to go on- 2001 and $20 billion over fiscal years emergency call, if you never make a line and participate in the new high- 2000 to 2005. tech economy. As one who supports re- long distance call, if you try to pay Mr. Speaker, again, I do not oppose ducing the overall tax burden on Amer- only the smallest amount you can pos- the underlying bill, but the Committee ican families, I wholeheartedly support sibly pay and have a telephone, you on Rules missed a golden opportunity this bill. H.R. 3916, which will reduce pay this tax. during consideration of this measure, Because we have a surplus, because the tax to 2 percent beginning 30 days an opportunity to address what is rap- we have balanced the budget, the old after enactment, reduces the tax to 1 percent on October 1, 2001, and repeals idly becoming a digital divide in our arguments of we need this money, how the tax entirely on October 1, 2002. Nation between those who have access would we replace it, what program The high-tech revolution has changed to technology and those who do not. would we cut, no longer work. the way that every American works Several of my colleagues offered This is a reaction to what can happen and lives and has provided Americans amendments to tackle this divide, but when you show fiscal responsibility. It with more freedom, prosperity, and job the majority in the Committee on is a reaction to what happens when the opportunities for the future. The fool- Rules chose to disallow their consider- Congress begins to use the yardstick of ish and shortsighted tax policies of the ation. common sense. It is a reaction of what 101st Congress should not be permitted I am going to urge Members to vote can happen when you take a tax that to act as an unreasonable toll against no on the previous question, and, if the has now been on the books for almost low- and middle-income Americans at- previous question is defeated, I will every telephone bill for the last 102 tempting to get on the information su- offer an amendment to the rule to years, occasionally phased out for a perhighway. make in order the Towns-Waters-Din- brief period of time, but always This Congress will repeal the telecom gell substitute and the Wynn sub- snatched right back. If we pass this tax and ensure that excessive govern- stitute. Both of these proposals imme- bill, this rule today, which I am for, ment taxation does not threaten the diately cut the telephone excise tax and if we pass this bill today, within ability of all Americans to participate from 3 percent to 1 percent, and then the next few months, Americans that in opportunities that will be presented eliminate it altogether by September have on their telephone bill the line in the high-tech future. 30, 2002. that says Federal tax or excise tax on This rule was unanimously approved The Democratic amendments would their local phone service, will no by the Committee on Rules on Tues- use the revenues from the phased-out longer have that. We eliminate this tax day, and I urge my colleagues to sup- telecommunications excise tax to fund on the rich from 1898 that became a tax port it so we may proceed with general various programs and grants designed on those in the most difficult cir- debate and consideration of this bipar- to bridge the digital divide. No one cumstances in the year 2000. tisan bill. doubts that electronic commerce has I am pleased that the Committee on Mr. Speaker, I reserve the balance of the opportunity to dominate our coun- Rules has brought this rule to the floor my time. try’s economic future, but this will today, and pleased that the Committee
VerDate 25-MAY-2000 02:41 May 26, 2000 Jkt 079060 PO 00000 Frm 00017 Fmt 4634 Sfmt 0634 E:\CR\FM\K25MY7.048 pfrm02 PsN: H25PT1 H3832 CONGRESSIONAL RECORD — HOUSE May 25, 2000 on Commerce is bringing this bill to all people involved in delivering this Again, in California, 45 percent of the floor. I urge passage of both. kind of service and an opportunity to small businesses, and the small busi- Ms. SLAUGHTER. Mr. Speaker, I compete fairly. ness sector, as we all know, is the yield 3 minutes to the gentleman from I hope that when the previous ques- backbone of our economy; 45 percent of Michigan (Mr. DINGELL), the ranking tion is raised, my colleagues will vote those small businesses say that they member of the Committee on Com- no. I hope that when the question is use the Internet to do business, and merce. raised, Members will vote no on the anything that stands in the way to ex- (Mr. DINGELL asked and was given rule, so that we can get down to a pro- pand that, we very much want to re- permission to revise and extend his re- posal which in fact will benefit the peal and address. marks.) country. So I believe that we have a great op- Mr. DINGELL. Mr. Speaker, I rise to Mr. LINDER. Mr. Speaker, I yield portunity here to strike a blow for our support the repeal of the telephone ex- myself such time as I may consume. quest to expand opportunities for every cise tax, to thank the dear gentle- Mr. Speaker, I would like to point single American, to get in and enjoy woman from New York (Ms. SLAUGH- out to the gentleman that in 1993 and this economy, because when we look at TER), but to oppose the rule. 1994 with overwhelming majorities in a family that has earned $25,000 or less, I do not quite understand why my both bodies and a Democrat President, they have said that the one thing that Republican colleagues, who profess to he could have done anything he wanted stands in the way of their getting into wish to give the consumers a tax cut, with that 3 percent and solved all of this information-age economy is the have denied us an opportunity to offer those problems. cost. So this is one step, a very impor- an amendment which would give con- Mr. Speaker, I yield such time as he tant step, that we can take towards de- sumers an even bigger tax cut than the might consume to the gentleman from creasing that cost and enhancing op- bill reported by the Committee on California (Mr. DREIER), the chairman portunity. Ways and Means in the amendment of the Committee on Rules. Mr. Speaker, I urge an aye vote. This which would have been offered by the (Mr. DREIER asked and was given will be another wonderful accomplish- gentleman from New York (Mr. permission to revise and extend his re- ment when we move this through to TOWNS), the gentlewoman from Cali- marks.) the leadership, the Speaker of the fornia (Ms. WATERS), and myself. Mr. DREIER. Mr. Speaker, I thank House, the gentleman from Illinois The interesting thing is the leader- my friend from Atlanta for yielding me (Mr. HASTERT) and this great and very, ship on the majority side seriously time. very, very successful 106th Congress. miscalculated if they believed that this Mr. Speaker, I would first like to, Ms. SLAUGHTER. Mr. Speaker, I is a tax reform that most Americans since he has entered the Chamber, con- yield 3 minutes to the gentleman from want. I know constituents care about gratulate my very good friend, the gen- Louisiana (Mr. JEFFERSON). tax cuts, but they want them to put tleman from Cincinnati, Ohio (Mr. Mr. JEFFERSON. Mr. Speaker, I money in the pockets of the citizenry, PORTMAN), for having taken the lead on thank the gentlewoman for yielding me rather than making Republican Con- this extremely important issue. He has this time. gressmen look good. done a great job in pointing to the im- Mr. Speaker, I rise to urge defeat of The Towns-Waters-Dingell amend- portance of it and putting together a the previous question, because it un- ment, which is widely supported on coalition that has included my col- dermines our efforts to bridge the dig- this side, would save consumers about league, the gentleman from California ital divide. I want to thank the gen- $1.5 billion more than the committee (Mr. MATSUI). tleman from New York (Mr. TOWNS), bill over the next 21⁄2 years. During the Mr. Speaker, creating digital oppor- the gentlewoman from California (Ms. phase-out period, our amendment also tunity is the priority that we have. I do WATERS), and the gentleman from puts revenues from the excise tax into not like to call it the digital divide. Michigan (Mr. DINGELL) for coming up a trust fund to pay for programs that What we want to do is we want to with an ingenious and innovative ap- create digital opportunity for Ameri- make sure that we create opportunities proach to providing a response to this cans who live in underserved rural and for every single American to be able to very important and very serious prob- urban areas. have access to this information econ- lem. Why are my colleagues on the other omy. It is good to eliminate the excise tax side of the aisle afraid? Why do they We have this information-based econ- and reduce telephone bills across the not desire our approach? We give the omy, and we all know that it is tied to country, but what if one does not have tax cut earlier on in larger amounts, virtually everything that goes through a telephone in the first place, as we but we also put the money to work in some sort of telecommunications area, found on so many of our Indian res- spending for creating a tax fund which and the hindrance that is there is a ervations around the country where 50 would enable us to begin to provide for tax. Our great historian, the gentleman percent of the people did not have tele- access to the Internet and advanced from Missouri (Mr. BLUNT), talked phones at all and, where in so many of telecommunications services for people about the cost of the Spanish-Amer- our low-income communities, rural and of low income in rural and in under- ican War and the fact that last year $5 urban, that same problem persists served urban areas. That is what we billion was collected for that. We are where telephone lines are not available should be really doing here. finally going to declare victory; and at to even begin to think about Internet Unfortunately, the need which has to the same time, we are going to reduce access. be met cannot be met without active that one burden that has stood in the More and more, America is trans- assistance of the Government in terms way of enhancing digital opportunity. forming into a technology-driven na- of opening up these kinds of services by The fact is, again, telecommuni- tion, with every institution being im- putting revenues collected from this cations is the foundation of this infor- pacted by the Internet and e-mail. In excise tax into funds which will expand mation-age economy that we have de- this new tech-driven economy, com- opportunity to receive services and to veloped. In my State alone, it is amaz- puters are becoming the crucial link to eliminate the digital divide. Without ing to look at the number of jobs, the education, to defense, to information, government help, Mr. Speaker, there number of families that are able to and training, and to commerce. are major areas of the country, major maintain and expand their standard of For all Americans, personal and eco- urban areas, as well as rural commu- living because of these opportunities. nomic success will depend upon having nities, where broad band services will It is about 800,000 in my State that the ability to understand and use these simply not be provided. For our chil- have been created since 1993; and na- powerful information tools. However, dren to know how to use on-line serv- tionwide it is approaching 5 million, according to the Commerce Depart- ices, resources and devices, we have to about 4.8 million. ment report, Defining the Digital Di- have this kind of intercession; not to vide, a large segment of the population b establish any Federal preference, but, 1215 have no access to technology at all. rather, to expand opportunities for We want to do everything we can to Unless this changes, these poor fami- service and to expand opportunities for expand that. lies in both urban and rural areas will
VerDate 25-MAY-2000 02:41 May 26, 2000 Jkt 079060 PO 00000 Frm 00018 Fmt 4634 Sfmt 0634 E:\CR\FM\K25MY7.049 pfrm02 PsN: H25PT1 May 25, 2000 CONGRESSIONAL RECORD — HOUSE H3833 be left behind. Millions of Americans that the gentleman from California telecommunications. Mr. Speaker, 96 will not have the tools necessary to (Mr. MATSUI) and I started some time percent of the Internet goes over phone compete in the new economy and will ago; it has been bipartisan from the lines, as we heard earlier today. The become the first second-class citizens start. It is an attempt to look at our gentleman from California (Mr. of the information age. Tax Code in a time of prosperity and DREIER) talked about it as the founda- But let us not kid ourselves. The dig- budget surpluses and see what makes tion of our economic growth. There is ital divide is not just a problem for the sense and what does not. It is our sense no more important catalyst to the eco- residents of these distressed and rural that this is a perfect candidate for re- nomic growth. We are hearing today areas and these urban communities. It peal. about our first quarter results, over 5 is a problem for the entire national The gentleman from California (Mr. percent growth, this is because of tech- economy as a whole. If we do not ex- DREIER) spoke earlier, the chairman of nology; and telecommunications as a tend technology access to all Ameri- the Committee on Rules, and he has real driver in our economic growth. cans, our skilled labor force will con- also been a leader on this and also on This is a tax on every single Internet tinue to be depleted, millions of tech the general issue of bringing to the at- user. It is a tax on every small com- jobs will continue to go unfilled, and tention of this Congress that tele- pany in America. The large companies private industries and the military will communications is indeed, as he said, a often have private lines, they are not continue to have problems recruiting foundation of our economic growth. paying this tax, but the small compa- and retaining highly skilled individ- This is one part of that. nies get hid the hardest. So at a time uals. This particular tax started back in when we are concerned about the dig- H1B visas are not the answer. Hiring 1898 at a time when the U.S. was en- ital divide and access to the Internet, I foreign workers will not solve our gaged in a war with the Spanish and we think this is a great product. growing, long-term needs for highly wanted to get a little revenue, so we Now, I understand there is another skilled workers. Surrendering our Na- went after a luxury item called a tele- proposal coming from the gentleman tion’s pre-eminence is also not an op- phone that very few Americans had, from New York (Mr. TOWNS); and he is tion. The answer is to eliminate this only the wealthy; and we said, let us a friend, a good friend. I have not digital divide and ensure that all put a tax on this telephone, that very talked to him about the proposal. It Americans are given access to tech- few people have, to help pay for this has not been through our committee, I nology and training. war. Teddy Roosevelt was just emerg- do not think it has been through the The private and public sector both ing as a national figure, as a war hero, Committee on Commerce yet either, understand the importance of bridging and it was 102 years ago. It has gone up nor have there been any hearings on it. the digital divide in America and are and down over the years. So I, frankly, do not know much about taking steps to bring technology to The history is actually very inter- it. schools and libraries across America. I esting, including the fact that during Again, we have been at this for sev- applaud them for their efforts. How- the Vietnam War, this tax was in- eral months, and I have not heard of it ever, these efforts are not enough. creased to 10 percent to help defray the yet. But I am perfectly willing to sit To truly bridge the digital divide and costs of the Vietnam War. In fact, peo- down with the gentleman and others improve the way our children learn, ple were burning their phone bills on and talk about this, because I agree the Federal Government must step in the street, as well as their draft cards, that we need to address the digital di- and help provide funds to bolster these to try to protest the Vietnam War. But vide. The gentleman from California efforts and extend technology access to it is also a great example of what (Mr. BECERRA) and I, for instance, have every home in America. Only then can seems to me to be a truism, which is a bill that we have been trying to get we assure that all of our children will once you put a tax in place in this through that expands the ability to have the tools necessary to compete in give a computer to a school. Right now this tech-driven economy. town, it is very difficult to get rid of it. I and many of my colleagues have nu- In this case, it was a temporary luxury it is a tax deduction, we think it ought merous bipartisan legislative proposals tax on an item that is no longer a lux- to be a tax credit. We think other com- to address the digital divide and extend ury, a telephone. puters in the current status, which is technology for access to schools, li- From a tax policy perspective, it is computers only 2 years old, ought to be braries, computer centers and homes of even worse. First, it is, of course, re- eligible. So I am very sympathetic to all Americans. Many of these proposals gressive. Families with lower incomes that general notion. would require Federal funding. pay a disproportionate share of their But the thought of taking this phone Mr. Speaker, a defeat of the previous family budget for the phone bill. Prac- tax and getting rid of it and giving question will allow my colleagues and I tically every family in America has a those revenues back to those families, to vote on the amendment of the gen- phone now. Ninety four percent of particularly those families again on tleman from New York (Mr. TOWNS) to Americans have telephones. The sen- the lower income scale that really pay set aside the phasing out of the tele- iors are particularly hard hit by this. a disproportionate share to me is what phone excise tax in a separate digital They are on fixed incomes. They rely we ought to be doing here today, not divide fund, a fund that can be used to on the telephone as a lifeline, as a life- taking that money and putting it into finance the massive effort needed to line to the outside world, so their budg- a trust fund that the government may extend technology. We cannot and et is particularly hard hit by this. So it use, as the gentleman from Michigan should not let the opportunity to set is regressive. (Mr. DINGELL) said, I understand, for aside these revenues pass us by. I urge Second, it is not like other Federal underserved areas, rural areas and so defeat of the previous question. excise taxes used for any purpose. It on. Let us look at that another day. Mr. LINDER. Mr. Speaker, I yield goes into general revenues. It is a rev- Let us let this process proceed. such time as he may consume to the enue-grab, rather than, for example, Mr. Speaker, I hear a lot on this floor gentleman from Cincinnati, Ohio (Mr. the gas tax which goes to repair our about how, gee, we are so partisan in PORTMAN), the sponsor of the under- roads and bridges. It is not even a sin the House of Representatives, and then lying bill. tax, and there are some Federal excise when we bring a good bipartisan bill to Mr. PORTMAN. Mr. Speaker, I thank taxes on alcohol and cigarettes. Again, the floor that has been bipartisan from the gentleman from Georgia very much this one goes to no particular purpose. the start, and I see my colleague from for his support of this legislation and So from a tax policy perspective, at a Texas who has been part of this from for allowing me to speak today on the time when we have the luxury to sit the start, and others, I think we ought rule. We are talking about the tele- back and look at our Tax Code, what to, as a group, come together and actu- phone excise tax. I want to get back to makes sense and what does not, it ally get something done for the Amer- that and then perhaps address a couple makes all the sense in the world to re- ican people and send it to the Senate of the points that have been made by peal this one. with a strong bipartisan vote. Let us my friends on the other side. Finally, and most importantly, I not slow this down or stop it or make First of all, to take us back to where think, in addressing the questions that it a confused product by adding new we are here, this is a bipartisan effort have been raised today, it is a tax on things at this point that are not items
VerDate 25-MAY-2000 01:37 May 26, 2000 Jkt 079060 PO 00000 Frm 00019 Fmt 4634 Sfmt 0634 E:\CR\FM\K25MY7.053 pfrm02 PsN: H25PT1 H3834 CONGRESSIONAL RECORD — HOUSE May 25, 2000 that have been vetted in the process or make our proposed amendment in Repeal Act of 2000. I am pleased to be frankly that have been part of this order. an original co-sponsor of this bill. process. Let us move this on to the Mr. Speaker, I would like to say to Mr. Speaker, this is a tax whose time Senate with a strong bipartisan vote so my good friend from Ohio that this has come and it is time to be repealed. that we can actually get it to the amendment would really, really move It was started over 100 years ago, dur- President’s desk and get it done for our us in the right direction and begin to ing the Spanish-American War, to raise constituents. make certain that people that are left revenues; and it was started as, in ef- Ms. SLAUGHTER. Mr. Speaker, I out will now be in. I think he would fect, a luxury tax when only 2 percent yield 3 minutes to the gentleman from support that, so I am hoping that he of Americans had telephone service. New York (Mr. TOWNS). will read it quickly and then join the I can remember as a boy some years (Mr. TOWNS asked and was given band. ago being at my grandparents’ place up permission to revise and extend his re- Mr. LINDER. Mr. Speaker, I reserve in east Texas, and they still used a marks.) the balance of my time. party line, and people did not have Mr. TOWNS. Mr. Speaker, I rise Ms. SLAUGHTER. Mr. Speaker, I many phones. Well, today about 97 per- today to urge my colleagues to defeat yield 11⁄2 minutes to the gentleman cent of Americans have phone service the previous question and to allow the from Maryland (Mr. WYNN). in their home or they have cellular House to make in order a substitute Mr. WYNN. Mr. Speaker, I thank the service, and also now with the rise in that I would like to offer with the gen- gentlewoman for yielding me this time. the use of the Internet people are being tlewoman from California (Ms. WA- I rise to take a strong stand to urge taxed there. TERS), the gentleman from Michigan defeat of the previous question. There I think it is a little bit more sim- (Mr. DINGELL). is a lot of rhetoric about the digital di- plistic than our colleague, the chair- Given the opportunity, I do believe vide, but no one is really doing any- man of the Committee on Rules, point- many of my colleagues on both sides of thing about it. We now have an oppor- ed out, that somehow this is going to the aisle would enthusiastically sup- tunity to back up our rhetoric with an leverage an increasing boom in the port our substitute which would give investment in our future. high-tech market; but I think it is very Americans a bigger tax cut than H.R. Specifically, there are proposals, one important that this is one of the first 3961 and begin to close the digital di- by my colleague, the gentleman from tax breaks that we have seen come to vide, with no new costs to taxpayers. New York (Mr. TOWNS), which I support the floor that is not a targeted tax We cannot ignore the digital divide and one which I have introduced which break in one direction or does not just issue; we must improve the way our would say that yes, we ought to cut the benefit the top 2 percent of the people children learn. excise tax, but we ought to take a with higher income. This is going to Specifically, our proposed amend- small portion of the excise tax and benefit the broad majority of American ment would immediately reduce the make an investment in closing the dig- citizens out there since most Ameri- telecommunications excise tax from 3 ital divide. cans have some form of telephone serv- percent to 1 percent, and would repeal Is the digital divide real? Absolutely. ice, some are on the Internet; but this the tax entirely by September 30, 2002. Consider a family making over $75,000 is something that is going to put This tax cut would give Americans is 20 times more likely to have a com- money back in the pockets of working over $1.5 billion, that is B as in boy, puter than a poor family. American families, and that is why I more in tax relief than they would get cosponsored this bill. It is time to get b 1230 under H.R. 3961. rid of this tax. Mr. Speaker, I think all Americans Consider that in public schools, I do want to say to my colleague would benefit from the repeal of this wealthy school districts have a ratio of from New York, I think he raises a regressive tax on talking, and a vote in seven students to one computer. Poor very important issue, and his approach support of the previous question is a school districts have a ratio of 16 stu- may well do more in trying to deal vote against giving Americans greater dents to one computer. We can do with the digital divide, but underlying tax relief than the bill currently gives. something about it by taking a small all of this it is time that we repeal this I believe this is an important improve- portion of this tax and directing it not tax and put some money back in the ment. to the general fund but to the specific pockets of working Americans and send Our proposed amendment would also purpose of bringing our young people this tax back to where it goes. We have dedicate the funds collected by this tax into the 21st century by providing com- dealt with the deficit. We are not in a to telecommunications projects to help puters that can be used in schools, in period of war, and so it is time that we close the digital divide. Just as money recreation centers, for training pro- do away with it; and I urge my col- collected from the gasoline tax is used grams, for broad-band, for other uses. leagues at the end of the day, depend- to improve our Nation’s highway infra- We are making a sound investment in ing on what we do with the rule, to structure, money collected from the our future. pass this bill. telephone excise tax should be devoted It is time that we eliminate the Mr. LINDER. Mr. Speaker, I continue to improving our telecommunications empty rhetoric about the digital divide to reserve the balance of my time. infrastructure. and really did something about it. This Ms. SLAUGHTER. Mr. Speaker, I For example, money in our Digital is our opportunity. I hope my col- yield 11⁄2 minutes to the gentleman Divide Bridge trust fund could be used leagues will defeat the previous ques- from Texas (Mr. STENHOLM). to fund grants and loan guarantees to tion, allow the substitute amendments (Mr. STENHOLM asked and was accelerate private sector deployment to be considered by this body and allow given permission to revise and extend of broadband networks in rural areas us to really work toward closing the his remarks.) such as California, Louisiana, and the digital divide that everyone is so happy Mr. STENHOLM. Mr. Speaker, I rise western United States. The projects to talk about. in opposition to this rule because it al- may also include supporting wireless Mr. LINDER. Mr. Speaker, I continue lows us to continue the pattern of fis- high-speed Internet development to to reserve the balance of my time. cally irresponsible legislation that will schools in underserved urban areas like Ms. SLAUGHTER. Mr. Speaker, I squander the budget surplus drip by Brooklyn, for instance. yield 2 minutes to the gentleman from drip. Once again, we are being asked to We believe the revenue generated Texas (Mr. BENTSEN). waive the Budget Act in our rush to from this telecommunications tax (Mr. BENTSEN asked and was given pass politically popular and, I might should be earmarked for telecommuni- permission to revise and extend his re- add, common sense legislation without cations projects, instead of getting lost marks.) regard for the consequences on our in the general revenue and allowing the Mr. BENTSEN. Mr. Speaker, I thank promises to retire the national debt digital divide to continue to go the gentlewoman from New York (Ms. and on our ability to strengthen Social unabated. Therefore, Mr. Speaker, I SLAUGHTER) for yielding me this time. Security and Medicare. conclude by urging my colleagues to Mr. Speaker, I rise in strong support I submitted an amendment to the defeat the previous question and to of H.R. 3916, the Telephone Excise Tax Committee on Rules that would have
VerDate 25-MAY-2000 02:41 May 26, 2000 Jkt 079060 PO 00000 Frm 00020 Fmt 4634 Sfmt 0634 E:\CR\FM\K25MY7.054 pfrm02 PsN: H25PT1 May 25, 2000 CONGRESSIONAL RECORD — HOUSE H3835 added very modest protection to ensure called a 527, a giant loophole in the this tax alive. I, in good measure and that this legislation does not jeop- campaign finance laws. Some have re- in good faith, say to the people of ardize fiscal discipline. My amendment ferred to this loophole as the political America that they deserve a break. would allow the repeal of the telephone equivalent of a Swiss bank account, Ms. SLAUGHTER. Mr. Speaker, I excise tax to take effect so long as Con- and we have already begun to see how yield 21⁄2 minutes to the gentleman gress and the President maintain our these 527 organizations operate. They from New Jersey (Mr. PALLONE). course of fiscal discipline. Specifically, operate in secret. Mr. PALLONE. Mr. Speaker, I want my amendment would have made the Common Cause has referred to them to thank the Committee on Rules for implementation of the telephone excise as stealth PACs. One leading reformer allowing this motion to recommit on tax repeal contingent upon certifi- in this country has said, this is the lat- the issue of section 527 political organi- cation that Congress and the President est manifestation of corruption in zations, because this will be the first have taken actions to ensure that we American politics. That is JOHN vote of the new year, really the first are on a path to eliminate the publicly MCCAIN, and we are going to put a stop vote of the new millennium, on the held debt by 2013 and to protect the in- to it today, at least in part, thanks to issue of campaign finance reform. tegrity of Social Security and Medi- the Committee on Rules providing for a Time and time again I hear the Re- care. motion to recommit. publican leadership state that the only This amendment represents a com- Mr. LINDER. Mr. Speaker, I yield 2 way to fix our campaign finance sys- mon sense principle that should be sup- minutes to the gentleman from Staten tem is through disclosure, but it is ported by Members on both sides of the Island, New York (Mr. FOSSELLA). very cynical and hypocritical that they aisle. In fact, a bipartisan majority of (Mr. FOSSELLA asked and was given make that claim when at the same this House has already voted in favor permission to revise and extend his re- time they conduct themselves and of the provisions of my amendment marks.) their political cronies through the aus- when we adopted the Shadegg amend- Mr. FOSSELLA. Mr. Speaker, I pices of these section 527 political orga- ment to H.R. 701, the Conservation and thank the gentleman from Georgia nizations. (Mr. LINDER) for yielding me this time. Reinvestment Act. I agreed with many We have seen report after report of Mr. Speaker, again, the focus here is of my colleagues on the other side of the Republican Party structure cre- 102 years, 102 years of a temporary tax. the aisle when they argued during the ating and funding secret political orga- I do not know about other Members debate on CARA that they should nizations to funnel corporate dollars to here, but I can say that people back make sure that we are on a course to further the agenda of the extreme home, when they get that phone bill pay off the national debt and protect right. To do this, they use section 527 and they have difficulty understanding Social Security and Medicare before we of the Tax Code which allows the right all those charges that appear and they spend the surplus on a new program. wing to hide the names of their donors ask why, and we are forced to tell I would ask my colleagues on the and also hide how their money is spent. other side of the aisle who agreed with them, well, believe it or not 102 years What is particularly disturbing about me on that principle when it applied to ago Congress passed a temporary tax. this is that the Republican leadership spending bills, why they are not willing Now this Congress, I sense in a bipar- is allowing this cynicism to pervade to even consider applying this principle tisan way, will do the right thing and the campaigns of their new candidates to tax cuts? If they believe that repeal repeal that unnecessary tax that im- throughout the country. of the telephone excise tax is more im- pacts every American family, and there In my own reelection campaign in portant than eliminating the national may be people who have and will come 1998, my Republican opponent used one debt and protecting the integrity of to the floor to defend it and that is of these section 527 groups to funnel $5 Medicare and Social Security, vote for their right; but one has to ask them- million, I stress $5 million, in undis- this rule. selves, I think, if we are not willing to Mr. LINDER. Mr. Speaker, I continue repeal a 102-year-old temporary tax closed and unaccountable dollars to to reserve the balance of my time. today, when we are enjoying the sur- malign me and try to defeat me. Ms. SLAUGHTER. Mr. Speaker, I plus generated by the American people, My campaign had a lot of success in 1 tracking down the corporate sources yield 1 ⁄2 minutes to the gentleman then when will we do it? from Texas (Mr. DOGGETT). So I applaud those who have intro- given to the group on our own. It was Mr. DOGGETT. Mr. Speaker, I am duced this legislation. not disclosed, but we were able to find here to applaud the Committee on Mr. KLECZKA. Mr. Speaker, will the out about some of them, and many of Rules for giving us the opportunity gentleman yield? the corporate CEOs whose corporations today on the floor of this House to Mr. FOSSELLA. I yield to the gen- gave to these groups; and I spoke to have the first, and given the way the tleman from Wisconsin. them, had no idea how their own dol- Republican leadership runs this place, Mr. KLECZKA. As I looked over the lars were being donated and spent be- perhaps the only vote in this new mil- history of this tax, I thought I read cause of the lack of disclosure. lennium on genuine campaign finance that after the Spanish-American War Two years after my campaign now, reform. We are going to do that today this tax was repealed, and then at the this same young Republican candidate through the motion to recommit, be- start of World War I it was put back that I ran against has now moved to a cause what has happened in American on; repealed after World War I; then it new district in New Jersey and is using politics is more distasteful than ever. was put back on for World War II and these same methods in another run for It made a little fun of it last year in then broadened to include the entire the House, and here in the Capitol I am Roll Call referring to the 527 loophole phone bill and that is where we are reading news reports that Republican airbus. It is a giant loophole that has today. It is still around. Is that accu- leaders of the Congress are publicly been committed in our campaign fi- rate? pressuring lobbyists to donate to these nance laws, and now it is being used to Mr. FOSSELLA. The gentleman’s same secret groups. hammer people into giving huge con- point being that we should not repeal Mr. Speaker, it is nice to have a vote tributions to political organizations to it today? on the floor to repeal an antiquated tax conduct character assassination of peo- Mr. KLECZKA. No. The point being provision like the telephone excise tax. ple with hate ads on the airwaves that it is not 102 years old and around I am, in fact, a co-sponsor of H.R. 3916. throughout this country. since the Spanish-American War. It However, I also think it is equally im- One can hammer a person to give was repealed after that war in 1902. So portant to strip our Tax Code of these $100,000 or a million dollars after they the gentleman is inaccurate on that provisions which undermine our polit- think they have gotten what they call point. ical process and our electoral integrity, fair treatment in this House. What Mr. FOSSELLA. Reclaiming my and I challenge the Republican leader- they can tell that person they are ham- time. So much for semantics. The gen- ship, the self-described disciples of dis- mering is that no one will be able to tleman has every right to cast his vote closure, they keep talking about dis- trace the money because they are to keep this tax alive, to say to the closure, to bring a bill to the floor to going to run it through something American people that he wants to keep end the abuses of section 527.
VerDate 25-MAY-2000 01:37 May 26, 2000 Jkt 079060 PO 00000 Frm 00021 Fmt 4634 Sfmt 0634 E:\CR\FM\K25MY7.058 pfrm02 PsN: H25PT1 H3836 CONGRESSIONAL RECORD — HOUSE May 25, 2000 Mr. LINDER. Mr. Speaker, I yield 2 communications projects to close the Digital (Mr. DOGGETT) have legislation to re- minutes to the gentlewoman from Divide. SeeÐjust as money is collected from quire disclosure of these stealth polit- Texas (Ms. JACKSON-LEE). gasoline taxes to improve our Nation's high- ical groups. Good government demands (Ms. JACKSON-LEE of Texas asked way infrastructure, money collected from the that we approve that bill. and was given permission to revise and telephone excise tax should be devoted to im- One section 527 organization is called extend her remarks.) proving our telecommunications infrastructure. Citizens for Better Medicare. This is a Ms. JACKSON-LEE of Texas. Mr. For example, money in the Digital Bridge Trust front group set up by the pharma- Speaker, I thank the gentleman from Fund could be used to fund grants and loan ceutical industry designed to give the Georgia (Mr. LINDER), and I thank the guarantees to accelerate private sector de- impression that regular citizens want ranking member of the Committee on ployment of broadband networks rural areas to keep seniors’ drug prices as high to Rules for the opportunity to be able to throughout the United States. In addition, the maintain the industries profit margins. speak to the legislation and the speed projects may also include supporting wireless Here is how they work. Citizens for and expeditiousness of the Committee high-speed Internet deployment to schools in Better Medicare gathers the database on Rules to bring this to the floor. Let underserved urban areas like Houston. SeeÐ of names that it claims are concerned me thank them very much for their no matter the specific project, the revenue citizens and then sends postcards on hard work, realizing the work we had generated from this telecommunications tax their behalf, often without their yesterday, the importance of their should be earmarked for telecommunications knowledge, to Congress with the mes- meeting to get this done. projects and closing the digital divide, instead sage that seniors do not deserve pre- This is a great day for Americans, of getting lost in the general revenue. scription drug discounts. Then they hire a telemarketing firm and this is a great day for Texans and As you may know, Houston is home to over to make unsolicited phone calls to a great day for the constituents that I 1,000 technology companies and NASA. In these seniors to tell them why their represent in the 18th Congressional fact, there are many technology companies drugs should not be cheaper and then District. It is not often that we can that have developed due to the presence of swiftly connect them to Members of come forward in a bipartisan way to the Johnson Space Center. Despite the heavy Congress. This practice is confusing say to those who monthly and some- concentration of technology companies in times weekly, depending on the struc- and deceptive. Houston, not all our citizens are reaping the The latest telephone scheme by Citi- ture they have for their telephone bill, benefits of the digital economy. In fact, to en- to try to look in the hidden print and zens for Better Medicare is to prey on sure that all in society participate in the 21st children. A new web site, find a small percentage of dollars that century economy, it is imperative that informa- are taken out of their hard-earned in- callyourgrandma.com, offers children tion technology be accessible to all. Access to phone cards with 10 free minutes of come; and we are now glad to say today computers and use of the Internet is nec- we pronounce with the passage of this long distance so they can call their essary for one's full participation in America's grandmother and explain why she does legislation the opportunity to return economic, political and social life. Today, use those dollars to them. not deserve cheaper drugs. The catch, of information technology is rapidly becoming the kid has to submit personal infor- The removal of the telephone excise a requisite skill for employment, and the tech- tax is a value to all Americans, and be- mation, a name, address, and phone nology industry generally pays 80 percent number. cause it was a tax that was indiscrimi- more than the average private sector job. nate and thereby reached those hardest Developing a database of children to Like many other locales in our nation, the exploit and in order to justify their dis- hit Americans who work every day to City of Houston is experiencing a ``digital di- make ends meet, to provide for their criminatory pricing practices, that is vide''Ða gap between those individuals and what the drug companies are doing children, work at hourly wage jobs, of communities that have access and training in which we hope to increase the min- through Citizens for Better Medicare. I information technology and those who do not. am pleased that we are going to have a imum wage, this is, of course, a bounty A defeat of the previous question and a vote and a much appreciated repeal. chance today to stop that practice. on the Towns-Dingell-Waters substitute will Mr. LINDER. Mr. Speaker, I reserve The key here is that this tax was ensure that in this new millennium, Congress the balance of my time. even. No matter what one’s income is indeed serious about providing equal ac- Ms. SLAUGHTER. Mr. Speaker, I was, it was an excise tax that one prob- cess to technologies for all Americans. yield 2 minutes to the gentleman from ably could not track as to what it actu- In closing and for these reasons, I urge my Kansas (Mr. MOORE). ally did, and I hope that as we repeal colleagues to defeat the previous question and Mr. MOORE. Mr. Speaker, I thank this tax we will also give consideration to make the Towns-Dingell-Waters amend- the gentlewoman for yielding me this to the idea of utilizing dollars to end ment in order. time. the digital divide. It is an area of inter- Ms. SLAUGHTER. Mr. Speaker, I Mr. Speaker, I rise in strong support est, as a member of the Committee on yield 2 minutes to the gentleman from of the motion to recommit and in sup- Science and Committee on the Judici- Maine (Mr. ALLEN). port of the base bill. This motion to re- ary dealing with H1B visas, that I real- Mr. ALLEN. Mr. Speaker, I thank commit would add to the pending bill ize is key; but I think that this valu- the gentlewoman from New York (Ms. language requiring full disclosure by able repeal of the tax is one that helps SLAUGHTER) for yielding me this time. 527 organizations, these 527 groups that to give consumers right now a tax cut Mr. Speaker, I welcome this reform collect secret money and never disclose that they can experience and appre- to the Tax Code, and I am pleased that who gave or how much they gave. ciate, and I would hope that as we do this motion to recommit will be the Our system of government is based this we would realize that these ran- first vote on campaign finance reform on openness, disclosure, and account- dom, undisclosed taxes, are ones that this year. The shadowy political hit ability. Our system of government is we can repeal in a bipartisan manner. squads being set up under section 527 of threatened by secret money. Nondisclo- I am gratified that this bill is on the the Tax Code should be required to dis- sure allows special interest groups with floor, and I hope that it will ultimately close their contributors. I agree with unlimited funds to bid for seats in Con- pass to give relief to all taxpayers in the majority whip, the gentleman from gress and to buy seats in Congress. America. Texas (Mr. DELAY), who during the A patriot from Arizona who ran for Mr. Speaker, I rise in support of H.R. 3961. campaign finance debate last year said, President of United States this year is This is a good bill that would close the digital and I quote, ‘‘What reform can restore a champion and a strong supporter of divide. I also support the Towns-Dingell accountability more than an open full disclosure. amendment that would reduce the tele- book?’’ This should not be a partisan issue. communications excise tax from 3% to 1%, People on both sides of the aisle should b 1245 and would repeal the tax entirelyÐeffective come to the support of this kind of re- September 30, 2002. This tax cut would give So it is baffling why he opposes open- sponsive campaign finance reform. Americans over $1.5 billion more in tax relief ing the books on these section 527 Mr. Speaker, we owe this to the than they would get under H.R. 3961. groups. American people. In addition, this amendment would dedicate The gentleman from Kansas (Mr. Mr. LINDER. Mr. Speaker, I continue the funds collected by this tax for tele- MOORE) and the gentleman from Texas to reserve the balance of my time.
VerDate 25-MAY-2000 01:37 May 26, 2000 Jkt 079060 PO 00000 Frm 00022 Fmt 4634 Sfmt 0634 E:\CR\FM\K25MY7.061 pfrm02 PsN: H25PT1 May 25, 2000 CONGRESSIONAL RECORD — HOUSE H3837 Ms. SLAUGHTER. Mr. Speaker, I Ms. SLAUGHTER. Mr. Speaker, I chapter B of chapter 33,’’ and inserting ‘‘and yield 2 minutes to the gentleman from yield myself such time as I may con- chapter 32 (other than the taxes imposed by Texas (Mr. DOGGETT). sume. sections 4064 and 4121),’’. Mr. DOGGETT. Mr. Speaker, I thank Mr. Speaker, I urge Members to vote (2)(A) Paragraph (1) of section 6302(e) of the gentlewoman for yielding me this such Code is amended by striking ‘‘section no on the previous question. If the pre- 4251 or’’. time. vious question is defeated, I will offer (B) Paragraph (2) of section 6302(e) of such Mr. Speaker, I want to give one of an amendment to the rule to make in Code is amended— the examples of what our motion to re- order two substitutes. The Towns sub- (i) by striking ‘‘imposed by—’’ and all that commit will address. It is called Shape stitute phases out the telecommuni- follows through ‘‘with respect to’’ and in- the Debate. This is the Web page from cations excise tax more quickly than serting ‘‘imposed by section 4261 or 4271 with Shape the Debate, one of these clandes- the underlying bill and sets aside the respect to’’, and tine organizations whose specialty is proceeds in a Digital Bridge Trust (ii) by striking ‘‘bills rendered or’’. character assassination. (C) The subsection heading for section fund. 6302(e) of such Code is amended by striking Shape the Debate advertises to those The Wynn substitute also sets aside who might contribute $100,000, $1 mil- ‘‘COMMUNICATIONS SERVICES AND’’. the revenues to fund various programs (3) Section 6415 of such Code is amended by lion or more. It advertises on the World to overcome the digital divide. striking ‘‘4251, 4261, or 4271’’ each place it ap- Wide Web, so this can be Iraqi money If the previous question is defeated, pears and inserting ‘‘4261 or 4271’’. or Cuban money or Chinese money or Members will have the opportunity to (4) Paragraph (2) of section 7871(a) of such just homegrown special interest cor- vote up or down on those proposals. Code is amended by inserting ‘‘or’’ at the end porate treasury money, that the good Mr. Speaker, I ask unanimous con- of subparagraph (B), by striking subpara- thing about contributing to Shape the sent to insert the text of the amend- graph (C), and by redesignating subpara- graph (D) as subparagraph (C). Debate is that it will not disclose to ment to the resolution and extraneous anyone who gave how much. (5) The table of subchapters for chapter 33 materials into the CONGRESSIONAL That is the beauty to those who have of such Code is amended by striking the item RECORD immediately prior to the vote. discovered the 527 loophole, because relating to subchapter B. The SPEAKER pro tempore. Is there (d) EFFECTIVE DATES.— their idea of shaping the debate is to do objection to the request of the gentle- (1) REPEAL.—The amendments made by something that no one else of any po- woman from New York? subsections (a) and (c) shall apply to litical persuasion is doing in America There was no objection. amounts paid pursuant to bills first rendered today, and that is to use a secret Ms. SLAUGHTER. Mr. Speaker, I after September 30, 2002. stealth attack. The hitman can take (2) PHASE-OUT.—The amendment made by urge a no vote on the previous question the blood money to engage in that subsection (b) shall apply to amounts paid so that we may debate all the issues. character assassination and one never pursuant to bills first rendered on or after Mr. Speaker, I include the amend- knows, one never is able to trace the the 30th day after the date of the enactment ment to the resolution and extraneous money. of this Act. That is why our Republican col- material that I referred to earlier, as SEC. 2. DIGITAL BRIDGE TRUST FUND. leagues think they cannot control the follows: (a) IN GENERAL.—The National Tele- AMENDMENT TO H. RES. 511, THE RULE PRO- communications and Information Adminis- House in the future unless they rely on tration Organization Act is amended— the money passing secretly by stealth VIDING FOR CONSIDERATION OF H.R. 3916, TO REPEAL THE TELEPHONE EXCISE TAX (1) by redesignating part C as part D; and to these 527 committees that totally (2) by inserting after part B (47 U.S.C. 921 On page 2, line 7, after ‘‘Ways and Means;’’ subvert the Federal election laws. et seq.) the following new part: We have called on them. I have called strike ‘‘and (2)’’ and add the following: ‘‘(2) without intervention of any point of ‘‘PART C—DIGITAL BRIDGE TRUST FUND on them. The gentleman from Kansas order, one hour of debate on the amendment ‘‘SEC. 131. TRUST FUND. (Mr. MOORE) has called on them to join in the nature of a substitute printed in sec- ‘‘(a) ESTABLISHMENT.—There is established us in a bipartisan correction of this tion 2 of this resolution to be offered by Rep- in the Treasury of the United States a trust loophole. At every opportunity, no resentative Towns of New York, equally di- fund to be known as the Digital Bridge Trust matter how much we had pled, they vided and controlled by the proponent and an Fund, consisting of such amounts as may be said, no, wait till next year. Wait until opponent; (3) without intervention of any appropriated or credited pursuant to sub- we have won the next election by using point of order, one hour of debate on the section (b) or (d). character assassination with secret amendment in the nature of a substitute ‘‘(b) TRANSFER OF AMOUNTS EQUIVALENT TO money that no one will be able to printed in section 3 of this resolution to be CERTAIN TAXES.—There are hereby appro- offered by Representative Wynn of Maryland, priated to the Digital Bridge Trust Fund trace. Wait till that happens, and equally divided and controlled by the pro- amounts equivalent to 100 percent of the maybe next year we will think about ponent and an opponent; and (4)’’ taxes received in the Treasury under section doing something about it. On page 2, after line 8, add the following: 4251 of the Internal Revenue Code of 1986 (re- I think the American people want re- Section 2. lating to tax on communications) pursuant form now. That is what this motion to AMENDMENT IN THE NATURE OF A SUBSTITUTE to bills first rendered on or after the 30th recommit is all about; it represents the TO H.R. 3916, AS REPORTED day after the date of the enactment of this part. first vote of the new millennium on the OFFERED BY MR. TOWNS OF NEW YORK, MS. ‘‘(c) EXPENDITURES.—Amounts in the Dig- floor of this House for campaign fi- WATERS OF CALIFORNIA, OR MR. DINGELL OF ital Bridge Trust Fund may be made avail- nance reform. Despite the efforts of MICHIGAN able only for the benefit of rural and urban this Committee on Rules at every turn Strike all after the enacting clause and in- areas, and Native Americans, in a manner to block us from discussing campaign sert the following: that targets such assistance for areas, com- reform, despite the fact that the use of SECTION 1. REPEAL OF FEDERAL COMMUNICA- munities, and populations (including low-in- 527 secretly funded ads has been called TIONS EXCISE TAX. come families and individuals) that are un- another example of corruption in (a) IN GENERAL.—Chapter 33 of the Internal derserved with respect to information tech- Revenue Code of 1986 (relating to facilities American politics by JOHN MCCAIN, the nology needs, employment, and education, and services) is amended by striking sub- and only in accordance with provisions of Republican leadership has blocked us chapter B. from considering reform. Today, fi- law enacted after the date of the enactment (b) PHASE-OUT OF TAX.—Paragraph (2) of of this section that provide for the avail- nally we have a tiny opening to do section 4251(b) of such Code (defining appli- ability of such amounts. what is right for the American people cable percentage) is amended to read as fol- ‘‘(d) TREATMENT AS TRUST FUND.—For pur- by beginning to clean up this mess. lows: poses of subchapter B of chapter 98 of the In- Mr. LINDER. Mr. Speaker, I yield ‘‘(2) APPLICABLE PERCENTAGE.—The term ternal Revenue Code of 1986, the Digital myself such time as I may consume. ‘applicable percentage’ means 1 percent with Bridge Trust Fund shall be considered to be Mr. Speaker, I will have to confess, respect to amounts paid pursuant to bills a trust fund established by subchapter A of when he started talking about all that first rendered on or after the 30th day after such chapter.’’. the date of the enactment of this subpara- AMENDMENT IN THE NATURE OF A SUBSTITUTE Chinese money, I thought he was show- graph and before October 1, 2002.’’. TO H.R. 3916, AS REPORTED ing us President Clinton’s 1996 disclo- (c) CONFORMING AMENDMENTS.— sure. (1) Section 4293 of such Code is amended by OFFERED BY MR. WYNN OF MARYLAND Mr. Speaker, I reserve the balance of striking ‘‘chapter 32 (other than the taxes Strike all after the enacting clause and in- my time. imposed by sections 4064 and 4121) and sub- sert the following:
VerDate 25-MAY-2000 01:37 May 26, 2000 Jkt 079060 PO 00000 Frm 00023 Fmt 4634 Sfmt 0634 E:\CR\FM\K25MY7.063 pfrm02 PsN: H25PT1 H3838 CONGRESSIONAL RECORD — HOUSE May 25, 2000 SECTION 1. SHORT TITLE. amount made available under section 137 for section 101 of the Workforce Investment Act This Act may be cited as the ‘‘Computers a fiscal year as the total amount allocated to of 1998 (29 U.S.C. 2801). in Our Community Act’’. such State educational agency under title I ‘‘(3) Grant applicants may submit an appli- SEC. 2. FINDINGS. of the Elementary and Secondary Education cation under this section only after con- The Congress finds the following: Act of 1965 for such fiscal year bears to the sulting with the appropriate local workforce (1) There is a growing gap, commonly re- total amount allocated to all such partici- investment board under such Act, and ob- ferred to as the digital divide, between indi- pating State educational agencies under taining a favorable recommendation of the viduals who have access to computers and such title I for such fiscal year. application by such board. the Internet and individuals who do not have ‘‘(2) LOCAL ALLOCATIONS.—Each partici- ‘‘(c) PRIORITY.—In awarding grants under such access. pating State educational agency shall allo- this section, the Secretary shall give pri- (2) Households with incomes of $75,000 or cate to each participating local educational ority to applications that— greater are more than 20 times more likely agency an amount that bears the same ratio ‘‘(1) are submitted by nonprofit organiza- to have access to the Internet, and more to the amount allocated to such State for a tions that have experience in providing tech- than 9 times more likely to have a computer fiscal year as the total amount allocated to nological training; at home, than households with the lowest in- such local educational agency under title I of ‘‘(2) propose job training programs that come levels. the Elementary and Secondary Education will serve individuals most in need of com- (3) Although 58.9 percent of Americans Act of 1965 for such fiscal year bears to the puter and technology training, as deter- earning over $75,000 annually frequently use total amount allocated to all such partici- mined by the Secretary; and the Internet, only 16 percent of Americans pating local educational agencies in such ‘‘(3) provide flexibility in training in order earning between $5,000 and $10,000 annually State under such title I for such fiscal year. to accommodate a greater number of individ- use the Internet. ‘‘(c) ELIGIBILITY.— uals. PPLICATION (4) Black and Hispanic households are 2⁄5 as ‘‘(1) PARTICIPATING STATE EDUCATIONAL ‘‘(d) A .—To seek a grant under likely to have home Internet access as white AGENCIES.—In order to qualify as a partici- this section, an applicant shall submit an ap- households. pating State educational agency for purposes plication to the Secretary at such time, in (5) The digital divide is an emergency that of this section, a State educational agency such manner, and accompanied by such in- will detrimentally affect the economy and shall create or modify and submit to the Sec- formation as the Secretary, in conjunction society of the Nation absent immediate cor- retary a technology plan that— with the Secretary of Labor, may reasonably rective action. ‘‘(A) identifies the current ratio of stu- prescribe. Each such application shall pro- (6) The e-rate program of the Federal Com- dents to computers in each school district in vide a system for tracking the employment munications Commission ensures that the State, and specifies the Internet success of individuals who attend any pro- schools and libraries receive telecommuni- connectivity of the computer systems in posed job training program. ‘‘(e) FOLLOW-UP.—The Secretary shall re- cations services at a discounted rate. Al- such districts; and view the success of the program under this though tremendously successful, this pro- ‘‘(B) complies with such other criteria as section and submit a report to Congress gram is insufficient because there is twice the Secretary, in conjunction with the Sec- thereon not later than 2 years after amounts the demand for funding as there is funding retary of Education, shall prescribe to assure are first available for implementation of the available. that the funds provided under this section program. (7) According to statistics by the Depart- are being used properly in schools to advance ment of Education, there is a dire need for the use of technology to effectively teach ‘‘SEC. 134. COMMUNITY CENTERS AND LIBRARIES TECHNOLOGY ACCESS GRANTS. additional computers in some schools. students computer skills and improve the ‘‘(a) PROGRAM AUTHORITY.—From 5 percent Schools with the highest concentrations of general educational performance of students. of the amount made available under section poverty had an average of 16 students per in- ‘‘(2) PARTICIPATING LOCAL EDUCATIONAL 137 for any fiscal year, the Secretary, acting structional computer with Internet access, AGENCIES.—In order to qualify as a partici- through the Assistant Secretary, shall carry compared to 7 students for each such com- pating local educational agency for purposes out a program to award grants, on a com- puter in schools with the lowest concentra- of this section, a local educational agency petitive basis, to provide assistance to com- tions of poverty. shall create or modify and submit to the munity centers and libraries to provide (8) The computer industry is the fastest State educational agency a technology plan greater access to, instruction on, and assist- growing industry in our country. There is a that proves such local educational agency is ance with computers and the Internet documented shortage of information tech- meeting the goals of the technology plan of ‘‘(b) CRITERIA.—The Secretary shall estab- nology workers. Increasingly, workers in all the State educational agency. lish the criteria for administering the grants fields of employment will need to be com- ‘‘(d) USE OF FUNDS.—Funds provided under under this section, which shall include the puter literate. Ensuring that classrooms this section may be used for the following: following: have computers that are used effectively to ‘‘(1) The purchase of computers that meet ‘‘(1) Any entity requesting funds under this teach students will help meet this need. a minimum standard as determined by the section shall provide such assurances as the SEC. 3. AMENDMENT TO THE NATIONAL TELE- Secretary. Secretary may require to demonstrate that COMMUNICATIONS AND INFORMA- ‘‘(2) The electrical wiring that schools may the entity will provide, from other sources TION ADMINISTRATION ORGANIZA- require to connect computers to each other TION ACT. (which may include contributions from State and to the Internet. or local government), an equal amount of The National Telecommunications and In- ‘‘(3) Hiring technological assistants to en- formation Administration Organization Act funds for carrying out the purposes of the sure that each school has access to a trained grant. (47 U.S.C. 901 et seq.) is amended— computer professional to provide technology (1) by redesignating part C as part D; and ‘‘(2) Eligible recipients of grants under this training for teachers and perform mainte- section shall be community centers that re- (2) by inserting after part B the following nance of computer systems. A maximum of 1 new part: ceive Federal, State, or local government technological assistant per 5 elementary funding, public libraries, and nonprofit orga- ‘‘PART C—COMPUTERS IN OUR schools, 1 technological assistant per 3 mid- nizations working in conjunction with such COMMUNITY PROGRAM dle schools, and 1 technological assistant per centers and libraries. ‘‘SEC. 131. PURPOSE. 2 high schools may be paid for with such ‘‘(3) Each recipient of grant funds under ‘‘It is the purpose of this part to establish funds. this section shall use such funds to establish programs to advance the computer skills of ‘‘SEC. 133. DIGITAL DIVIDE WORKFORCE TRAIN- a program for providing greater access to, in- American workers in the global economy and ING INITIATIVE. struction on, and assistance with computers to use computer technology to advance the ‘‘(a) PROGRAM AUTHORITY.—From 5 percent and the Internet. general educational performance of Amer- of the amount made available under section ‘‘(4) Grants under this section shall be for ican students. 137 for any fiscal year, the Secretary, acting 3 years. ‘‘SEC. 132. STATE EDUCATIONAL AGENCY GRANT through the Assistant Secretary, shall carry ‘‘(c) PRIORITY.—In awarding grants under PROGRAM. out a program to award grants, on a com- this section, the Secretary shall give pri- ‘‘(a) PROGRAM AUTHORITY.—From 85 per- petitive basis, to nonprofit organizations for ority to applications that demonstrate that cent of the amount made available under the establishment of job training programs the program for which funds are sought— section 137 for any fiscal year, the Secretary, for preparing individuals for computer and ‘‘(1) will be able to sustain funding in the acting through the Assistant Secretary, technology related jobs. absence of Federal funding; and shall make grants to each participating ‘‘(b) CRITERIA.—The Secretary, after con- ‘‘(2) will serve areas with a low rate of ac- State educational agency for allocation sultation with the Secretary of Labor, shall cess to computers and the Internet. among local educational agencies in such establish the criteria for administering the ‘‘(d) APPLICATION.—To seek a grant under State. grants under this section, which shall in- this section, an applicant shall submit an ap- ‘‘(b) ALLOCATION OF FUNDS.— clude the following: plication to the Secretary at such time, in ‘‘(1) STATE ALLOCATIONS.—The Secretary ‘‘(1) Grants under this section shall be for such manner, and accompanied by such in- shall allocate to each participating State 2 years. formation as the Secretary may reasonably educational agency an amount that bears ‘‘(2) Grant applicants shall serve low in- prescribe. Each such application shall the same ratio to such 85 percent of the come individuals, as such term is defined in include—
VerDate 25-MAY-2000 01:37 May 26, 2000 Jkt 079060 PO 00000 Frm 00024 Fmt 4634 Sfmt 0634 E:\CR\FM\A25MY7.015 pfrm02 PsN: H25PT1 May 25, 2000 CONGRESSIONAL RECORD — HOUSE H3839 ‘‘(1) a description of the proposed program, ‘‘SEC. 9511. COMPUTERS IN OUR COMMUNITIES [Roll No. 229] including how the program would will make TRUST FUND. YEAS—221 technology available to areas with a low rate ‘‘(a) CREATION OF TRUST FUND.—There is Aderholt Gillmor Paul of access to computers and the Internet; established in the Treasury of the United States a trust fund to be known as the ‘Com- Archer Gilman Pease ‘‘(2) a demonstration of the need for com- Armey Goode Peterson (PA) puters and access to the Internet in the area puters in Our Communities Trust Fund’, con- Bachus Goodlatte Petri to be served; and sisting of such amounts as may be appro- Baker Goodling Pickering ‘‘(3) a description of the type technology priated or credited pursuant to this section Ballenger Goss Pitts that will be provided. or section 9602(b). Barr Graham Pombo ‘‘(b) TRANSFER TO COMPUTERS IN OUR COM- Barrett (NE) Granger Porter ‘‘SEC. 135. COMPUTER CURRICULUM PARTNER- Bartlett Green (WI) Portman SHIP. MUNITIES TRUST FUND AMOUNTS EQUIVALENT TO CERTAIN TAXES.—There are hereby appro- Barton Greenwood Pryce (OH) ‘‘(a) PROGRAM AUTHORITY.—From 5 percent priated to the Computers in Our Commu- Bass Gutknecht Quinn of the amount made available under section Bereuter Hall (TX) Radanovich 137 for any fiscal year, the Secretary, acting nities Trust Fund amounts equivalent to 100 Biggert Hansen Ramstad through the Assistant Secretary, shall carry percent of the taxes received in the Treasury Bilbray Hastings (WA) Regula out a program to award grants, on a com- after September 30, 2000, under section 4251 Bilirakis Hayes Reynolds Bliley Hayworth Riley petitive basis, to institutions of higher edu- (relating to tax on communications). ‘‘(c) EXPENDITURES FROM COMPUTERS IN Blunt Hefley Rogan cation that create successful partnerships OUR COMMUNITIES TRUST FUND.—Amounts in Boehlert Herger Rogers between their education and computer de- the Computers in Our Communities Trust Boehner Hill (MT) Rohrabacher partments to create software or Internet Bonilla Hilleary Ros-Lehtinen Fund shall be available for making appro- applications— Bono Hobson Roukema priations to carry out the provisions of part ‘‘(1) to train teachers in using computers, Boswell Hoekstra Royce C of the National Telecommunications and and using computers to teach students; or Brady (TX) Horn Ryan (WI) Information Administration Organization Bryant Hostettler Ryun (KS) ‘‘(2) to use in the classroom to teach stu- Act.’’. Burr Houghton Salmon dents. (b) CLERICAL AMENDMENT.—The table of Burton Hulshof Sanford ‘‘(b) CRITERIA.—The Secretary, after con- sections for such subchapter A is amended by Buyer Hunter Saxton sultation with the Secretary of Education, adding at the end the following new item: Callahan Hutchinson Schaffer shall establish the criteria for administering Calvert Hyde Sensenbrenner the grants under this section. Such criteria ‘‘Sec. 9511. Computers in Our Communities Camp Isakson Sessions shall include priorities for awarding funds Trust Fund.’’ Campbell Istook Shadegg Canady Jenkins Shaw SEC. 5. REDUCTION OF EXCISE TAX ON TELE- under this section— Cannon Johnson (CT) Shays PHONE AND OTHER COMMUNICA- ‘‘(1) based on the need of the schools being Castle Jones (NC) Sherwood TIONS SERVICES. served and their educational priorities; and Chabot Kasich Shimkus ‘‘(2) giving preference to those applicants (a) IN GENERAL.—Section 4251(b)(2) of the Chambliss Kelly Shuster that will operate their programs in conjunc- Internal Revenue Code of 1986 is amended to Chenoweth-Hage King (NY) Simpson tion with local educational agencies. read as follows: Coble Kingston Skeen PPLICABLE PERCENTAGE Collins Knollenberg Smith (MI) ‘‘(c) CLEARINGHOUSE.—The Secretary shall, ‘‘(2) A .—The term Combest Kolbe Smith (NJ) in conjunction with the Secretary of Edu- ‘applicable percentage’ means 1 percent.’’ (b) EFFECTIVE DATE.—The amendment Cook Kuykendall Smith (TX) cation, develop a clearinghouse to make made by subsection (a) shall apply to Cooksey LaHood Souder available information derived from the ac- amounts paid pursuant to bills first rendered Cox Largent Stearns tivities of recipients of funds under this sec- Crane Latham Stump after September 30, 2000. tion to other schools throughout the United Cubin LaTourette Sununu Amend the title so as to read: ‘‘To amend States. Cunningham Lazio Sweeney the National Telecommunications and Infor- Davis (VA) Leach Talent ‘‘(d) APPLICATION.—To seek a grant under mation Administration Organization Act to Deal Lewis (CA) Tancredo this section, an applicant shall submit an ap- establish a program to distribute funds to DeLay Lewis (KY) Tauzin plication to the Secretary at such time, in State educational agencies to advance the DeMint Linder Taylor (NC) such manner, and accompanied by such in- use of technology to effectively teach our Diaz-Balart LoBiondo Terry formation as the Secretary, in conjunction Dickey Lucas (OK) Thomas students computer skills and improve the with the Secretary of Education, may rea- Doolittle Manzullo Thornberry general educational performance of students, sonably prescribe. Each application shall in- Dreier Martinez Thune and for other purposes.’’. clude a description of the format of the soft- Duncan McCollum Tiahrt Mr. Speaker, I yield back the balance Dunn McCrery Toomey ware or Internet applications to be created. Ehlers McHugh Traficant ‘‘SEC. 136. ADMINISTRATIVE COSTS. of my time. Ehrlich McIntosh Upton ‘‘Of amounts available to carry out a pro- Mr. LINDER. Mr. Speaker, I yield Emerson McKeon Vitter gram to award grants under each of sections back the balance of my time, and I English Metcalf Walden 133, 134, and 135, the Secretary may not use move the previous question on the res- Eshoo Mica Walsh Everett Miller (FL) Wamp more than 1 percent to pay administration olution. Ewing Miller, Gary Watkins costs under that section. The SPEAKER pro tempore. The Fletcher Moran (KS) Watts (OK) ‘‘SEC. 137. REGULATIONS. question is on ordering the previous Foley Morella Weldon (FL) ‘‘The Secretary may prescribe such regula- question. Fossella Myrick Weldon (PA) tions as may be necessary to carry out this Fowler Nethercutt Weller The question was taken; and the Franks (NJ) Ney Whitfield part. Speaker pro tempore announced that Frelinghuysen Northup Wicker ‘‘SEC. 138. APPROPRIATIONS AUTHORIZED. the ayes appeared to have it. Gallegly Norwood Wilson ‘‘There are authorized to be appropriated Ms. SLAUGHTER. Mr. Speaker, I ob- Ganske Nussle Wolf to carry out this part for any fiscal year an ject to the vote on the ground that a Gekas Ose Young (AK) amount not to exceed the amount deposited Gibbons Oxley Young (FL) quorum is not present and make the Gilchrest Packard to the Computers in Our Communities Trust Fund for such fiscal year pursuant to section point of order that a quorum is not NAYS—201 9511 of the Internal Revenue Code of 1986. present. The SPEAKER pro tempore. Evi- Abercrombie Boyd Davis (IL) ‘‘SEC. 139. DEFINITIONS. Ackerman Brady (PA) DeFazio ‘‘As used in this part— dently a quorum is not present. Allen Brown (FL) DeGette ‘‘(1) the terms ‘State educational agency’ The Sergeant at Arms will notify ab- Andrews Brown (OH) Delahunt Baca Capps DeLauro and ‘local educational agency’ have the sent Members. Pursuant to clause 9 of rule XX, the Baird Capuano Deutsch meanings provided such terms in section Baldacci Cardin Dicks 14101 of the Elementary and Secondary Edu- Chair will reduce to a minimum of 5 Baldwin Carson Dingell cation Act of 1965; and minutes the period of time within Barcia Clay Dixon ‘‘(2) the term ‘institution of higher edu- which a vote by electronic device, if or- Barrett (WI) Clayton Doggett cation’ has the meaning provided such term dered, will be taken on the question of Bentsen Clement Dooley in section 102 of the Higher Education Act of Berkley Condit Doyle agreeing to the resolution and also on Berman Conyers Edwards 1965.’’. agreeing to House Concurrent Resolu- Berry Costello Engel SEC. 4. COMPUTERS IN OUR COMMUNITIES tion 331 postponed from yesterday on Bishop Coyne Etheridge TRUST FUND. Blagojevich Cramer Evans (a) IN GENERAL.—Subchapter A of chapter which the yeas and nays were ordered. Blumenauer Crowley Farr 98 of the Internal Revenue Code of 1986 is The vote was taken by electronic de- Bonior Cummings Fattah amended by inserting after section 9510 the vice, and there were—yeas 221, nays Borski Danner Filner Boucher Davis (FL) Forbes following: 201, not voting 12, as follows:
VerDate 25-MAY-2000 03:38 May 26, 2000 Jkt 079060 PO 00000 Frm 00025 Fmt 4634 Sfmt 0634 E:\CR\FM\A25MY7.015 pfrm02 PsN: H25PT1 H3840 CONGRESSIONAL RECORD — HOUSE May 25, 2000 Ford Maloney (NY) Rothman Boswell Gonzalez McCrery Shays Sununu Vitter Frank (MA) Markey Roybal-Allard Boucher Goode McDermott Sherman Sweeney Walden Frost Mascara Rush Boyd Goodlatte McGovern Sherwood Talent Walsh Gejdenson Matsui Sabo Brady (PA) Goodling McHugh Shimkus Tancredo Wamp Gephardt McCarthy (MO) Sanchez Brady (TX) Gordon McIntosh Shows Tanner Watkins Gonzalez McCarthy (NY) Sanders Brown (FL) Goss McIntyre Shuster Tauscher Watt (NC) Gordon McDermott Sandlin Brown (OH) Graham McKeon Simpson Tauzin Watts (OK) Green (TX) McGovern Sawyer Bryant Granger McKinney Sisisky Terry Waxman Gutierrez McIntyre Schakowsky Burr Green (TX) McNulty Skeen Thomas Weldon (FL) Hall (OH) McKinney Scott Burton Green (WI) Meehan Skelton Thompson (CA) Weldon (PA) Hastings (FL) McNulty Serrano Buyer Greenwood Menendez Slaughter Thompson (MS) Weller Hill (IN) Meehan Sherman Callahan Gutierrez Metcalf Smith (MI) Thornberry Wexler Hinchey Meek (FL) Shows Calvert Gutknecht Mica Smith (NJ) Thune Weygand Hinojosa Meeks (NY) Sisisky Camp Hall (OH) Millender- Smith (TX) Thurman Whitfield Hoeffel Menendez Skelton Campbell Hall (TX) McDonald Smith (WA) Tiahrt Wicker Holden Millender- Slaughter Canady Hansen Miller (FL) Snyder Toomey Wilson Holt McDonald Smith (WA) Cannon Hastings (FL) Miller, Gary Souder Traficant Wise Hooley Miller, George Snyder Capps Hastings (WA) Miller, George Spratt Turner Wolf Hoyer Mink Spratt Capuano Hayes Mink Stabenow Udall (CO) Woolsey Inslee Moakley Stabenow Cardin Hayworth Moakley Stark Udall (NM) Wu Jackson (IL) Mollohan Stark Carson Hefley Mollohan Stearns Upton Young (AK) Jackson-Lee Moore Stenholm Castle Herger Moore Strickland Velazquez Young (FL) (TX) Moran (VA) Strickland Chabot Hill (IN) Moran (KS) Stump Vento Jefferson Murtha Stupak Chambliss Hill (MT) Moran (VA) Stupak Visclosky John Nadler Tanner Chenoweth-Hage Hilleary Morella NOES—15 Johnson, E.B. Napolitano Tauscher Clay Hinojosa Murtha Jones (OH) Neal Taylor (MS) Clayton Hobson Myrick Berry Markey Taylor (MS) Kanjorski Oberstar Thompson (CA) Clement Hoeffel Nadler Dingell Meeks (NY) Tierney Kaptur Obey Thompson (MS) Coble Hoekstra Napolitano Engel Obey Towns Kildee Olver Thurman Collins Holden Neal Hinchey Owens Waters Kilpatrick Ortiz Tierney Combest Holt Nethercutt Klink Stenholm Wynn Kind (WI) Owens Towns Condit Hooley Ney Kleczka Pallone Turner NOT VOTING—15 Conyers Horn Northup Klink Pascrell Udall (CO) Cook Hostettler Norwood Bateman Johnson, Sam Scarborough Kucinich Pastor Udall (NM) Cooksey Houghton Nussle Becerra Kennedy Schakowsky LaFalce Payne Velazquez Costello Hoyer Oberstar Clyburn McInnis Spence Lampson Pelosi Vento Cox Hulshof Olver Coburn Meek (FL) Taylor (NC) Lantos Peterson (MN) Visclosky Coyne Hunter Ortiz Hilliard Minge Weiner Larson Phelps Waters Cramer Hutchinson Ose Lee Pickett Watt (NC) Crane Hyde Oxley Levin Pomeroy Waxman b 1321 Crowley Inslee Packard Lewis (GA) Price (NC) Wexler Pallone Lipinski Rahall Weygand Cubin Isakson Mr. BERRY and Mr. MARKEY Lofgren Rangel Wise Cummings Istook Pascrell changed their vote from ‘‘aye’’ to ‘‘no.’’ Lowey Reyes Woolsey Cunningham Jackson (IL) Pastor Danner Jackson-Lee Paul Ms. EDDIE BERNICE JOHNSON of Lucas (KY) Rivers Wu Texas changed her vote from ‘‘no’’ to Luther Rodriguez Wynn Davis (FL) (TX) Payne Maloney (CT) Roemer Davis (IL) Jefferson Pease ‘‘aye.’’ Davis (VA) Jenkins Pelosi So the resolution was agreed to. NOT VOTING—12 Deal John Peterson (MN) The result of the vote was announced DeFazio Johnson (CT) Peterson (PA) Bateman Hilliard Minge as above recorded. Becerra Johnson, Sam Scarborough DeGette Johnson, E. B. Petri Clyburn Kennedy Spence Delahunt Jones (NC) Phelps A motion to reconsider was laid on Coburn McInnis Weiner DeLauro Jones (OH) Pickering the table. DeLay Kanjorski Pickett b 1312 DeMint Kaptur Pitts f Deutsch Kasich Pombo Messrs. MOAKLEY, SPRATT, ROE- Diaz-Balart Kelly Pomeroy MER, CUMMINGS and NEAL of Massa- Dickey Kildee Porter COMMENDING ISRAEL’S REDE- Dicks Kilpatrick Portman chusetts changed their vote from Dixon Kind (WI) Price (NC) PLOYMENT FROM SOUTHERN ‘‘yea’’ to ‘‘nay.’’ Doggett King (NY) Pryce (OH) LEBANON So the previous question was ordered. Dooley Kingston Quinn The SPEAKER pro tempore (Mr. The result of the vote was announced Doolittle Kleczka Radanovich LATOURETTE). The unfinished business as above recorded. Doyle Knollenberg Rahall The SPEAKER pro tempore (Mr. Dreier Kolbe Ramstad is the question of agreeing to the con- Duncan Kucinich Rangel current resolution, House Concurrent LATOURETTE.) The question is on the Dunn Kuykendall Regula resolution. Edwards LaFalce Reyes Resolution 331, on which the yeas and The question was taken; and the Ehlers LaHood Reynolds nays were ordered. Speaker pro tempore announced that Ehrlich Lampson Riley The Clerk read the title of the con- Emerson Lantos Rivers current resolution. the ayes appeared to have it. English Largent Rodriguez RECORDED VOTE Eshoo Larson Roemer The SPEAKER pro tempore. The Ms. SLAUGHTER. Mr. Speaker, I de- Etheridge Latham Rogan question is on the concurrent resolu- mand a recorded vote. Evans LaTourette Rogers tion. Everett Lazio Rohrabacher This will be a 5-minute vote. A recorded vote was ordered. Ewing Leach Ros-Lehtinen The SPEAKER pro tempore. This Farr Lee Rothman The vote was taken by electronic de- will be a 5-minute vote. Fattah Levin Roukema vice, and there were—yeas 403, nays 3, The vote was taken by electronic de- Filner Lewis (CA) Roybal-Allard answered ‘‘present’’ 2, not voting 26, as Fletcher Lewis (GA) Royce follows: vice, and there were—ayes 404, noes 15, Foley Lewis (KY) Rush not voting 15, as follows: Forbes Linder Ryan (WI) [Roll No. 231] [Roll No. 230] Ford Lipinski Ryun (KS) YEAS—403 Fossella LoBiondo Sabo AYES—404 Fowler Lofgren Salmon Abercrombie Barcia Bliley Abercrombie Ballenger Bilbray Frank (MA) Lowey Sanchez Ackerman Barrett (NE) Blumenauer Ackerman Barcia Bilirakis Franks (NJ) Lucas (KY) Sanders Aderholt Barrett (WI) Blunt Aderholt Barr Bishop Frelinghuysen Lucas (OK) Sandlin Allen Bartlett Boehlert Allen Barrett (NE) Blagojevich Frost Luther Sanford Andrews Barton Boehner Andrews Barrett (WI) Bliley Gallegly Maloney (CT) Sawyer Archer Bass Bonilla Archer Bartlett Blumenauer Ganske Maloney (NY) Saxton Armey Bentsen Bonior Armey Barton Blunt Gejdenson Manzullo Schaffer Baca Berkley Bono Baca Bass Boehlert Gekas Martinez Scott Bachus Berry Borski Bachus Bentsen Boehner Gephardt Mascara Sensenbrenner Baird Biggert Boswell Baird Bereuter Bonilla Gibbons Matsui Serrano Baker Bilbray Boucher Baker Berkley Bonior Gilchrest McCarthy (MO) Sessions Baldacci Bilirakis Boyd Baldacci Berman Bono Gillmor McCarthy (NY) Shadegg Baldwin Bishop Brady (PA) Baldwin Biggert Borski Gilman McCollum Shaw Ballenger Blagojevich Brown (FL)
VerDate 25-MAY-2000 03:38 May 26, 2000 Jkt 079060 PO 00000 Frm 00026 Fmt 4634 Sfmt 0634 E:\CR\FM\A25MY7.016 pfrm02 PsN: H25PT1 May 25, 2000 CONGRESSIONAL RECORD — HOUSE H3841 Brown (OH) Greenwood Meehan Skeen Tauzin Vitter PERMISSION FOR COMMITTEE ON Bryant Gutierrez Meek (FL) Skelton Taylor (MS) Walden Burr Gutknecht Meeks (NY) Slaughter Taylor (NC) Walsh APPROPRIATIONS TO HAVE Burton Hall (OH) Menendez Smith (MI) Terry Wamp UNTIL MIDNIGHT, JUNE 1, 2000, Buyer Hall (TX) Metcalf Smith (NJ) Thomas Waters TO FILE PRIVILEGED REPORT Callahan Hansen Mica Smith (TX) Thompson (CA) Watkins ON DEPARTMENT OF DEFENSE Calvert Hastings (FL) Millender- Smith (WA) Thompson (MS) Watt (NC) Camp Hastings (WA) McDonald Snyder Thornberry Watts (OK) APPROPRIATIONS BILL, 2001 Campbell Hayes Miller (FL) Souder Thune Waxman Mr. LEWIS of California. Mr. Speak- Canady Hayworth Miller, Gary Spratt Thurman Weldon (FL) Cannon Hefley Miller, George Stabenow Tiahrt Weldon (PA) er, I ask unanimous consent that the Capuano Herger Moakley Stark Tierney Weller Committee on Appropriations may Cardin Hill (IN) Mollohan Stearns Toomey Weygand have until midnight, June 1, 2000, to Carson Hill (MT) Moore Stenholm Towns Whitfield file a privileged report on a bill making Castle Hilleary Moran (KS) Strickland Traficant Wilson Chabot Hinchey Moran (VA) Stump Turner Wise appropriations for the Department of Chambliss Hinojosa Morella Stupak Udall (CO) Wolf Defense for the fiscal year ending Sep- Chenoweth-Hage Hobson Murtha Sununu Udall (NM) Woolsey tember 30, 2001, and for other purposes. Sweeney Upton Wu Clayton Hoeffel Myrick The SPEAKER pro tempore (Mr. Clement Hoekstra Nadler Tancredo Velazquez Wynn Collins Holden Napolitano Tanner Vento Young (AK) LATOURETTE). Is there objection to the Combest Holt Neal Tauscher Visclosky Young (FL) request of the gentleman from Cali- Condit Hooley Nethercutt NAYS—3 fornia? Conyers Horn Ney There was no objection. Cook Hostettler Northup DeLay Goodling Paul Costello Hoyer Norwood The SPEAKER pro tempore. Pursu- Cox Hulshof Nussle ANSWERED ‘‘PRESENT’’—2 ant to clause 1 of rule XXI, all points of Coyne Hunter Oberstar Barr Wicker order are reserved on the bill. Cramer Hutchinson Obey Crane Hyde Olver NOT VOTING—26 f Crowley Inslee Ortiz Bateman Coburn Mink Cubin Isakson Ose Becerra Cooksey Owens Cummings Istook Oxley Bereuter Hilliard Pitts PERMISSION FOR COMMITTEE ON Cunningham Jackson (IL) Packard Berman Houghton Scarborough APPROPRIATIONS TO HAVE Pallone Danner Jackson-Lee Brady (TX) Johnson, Sam Spence UNTIL MIDNIGHT, JUNE 1, 2000, Davis (FL) (TX) Pascrell Capps Kennedy Talent Davis (IL) Jefferson Pastor Clay LaFalce Weiner TO FILE PRIVILEGED REPORT Davis (VA) Jenkins Payne Clyburn McInnis Wexler ON DEPARTMENTS OF LABOR, Deal John Pease Coble Minge HEALTH AND HUMAN SERVICES, DeFazio Johnson (CT) Pelosi DeGette Johnson, E. B. Peterson (MN) AND EDUCATION, AND RELATED Delahunt Jones (NC) Peterson (PA) b 1331 AGENCIES APPROPRIATIONS DeLauro Jones (OH) Petri BILL, 2001 DeMint Kanjorski Phelps So the concurrent resolution was Deutsch Kaptur Pickering agreed to. Mr. YOUNG of Florida. Mr. Speaker, Diaz-Balart Kasich Pickett The result of the vote was announced I ask unanimous consent that the Com- Dickey Kelly Pombo mittee on Appropriations may have Dicks Kildee Pomeroy as above recorded. Dingell Kilpatrick Porter A motion to reconsider was laid on until midnight, June 1, 2000, to file a Dixon Kind (WI) Portman the table. privileged report on a bill making ap- Doggett King (NY) Price (NC) propriations for the Departments of Stated for: Dooley Kingston Pryce (OH) Labor, Health and Human Services, Doolittle Kleczka Quinn Mr. BEREUTER. Mr. Speaker, on rollcall Doyle Klink Radanovich and Education, and related agencies for Dreier Knollenberg Rahall No. 231, I inadvertently missed the vote. Had the fiscal year ending September 30, Duncan Kolbe Ramstad I been present on the floor I would have voted 2001, and for other purposes. Dunn Kucinich Rangel ``aye.'' Edwards Kuykendall Regula The SPEAKER pro tempore. Is there Ehlers LaHood Reyes Mrs. CAPPS. Mr. Speaker, I was unavoid- objection to the request of the gen- Ehrlich Lampson Reynolds ably detained and missed rollcall 231, pas- tleman from Florida? Emerson Lantos Riley sage of H. Con. Res. 331. Had I been There was no objection. Engel Largent Rivers present, I would have voted ``aye.'' English Larson Rodriguez The SPEAKER pro tempore. Pursu- Eshoo Latham Roemer ant to clause 1 of rule XXI, all points of Etheridge LaTourette Rogan f order are reserved on the bill. Evans Lazio Rogers Everett Leach Rohrabacher Ewing Lee Ros-Lehtinen PERSONAL EXPLANATION f Farr Levin Rothman Fattah Lewis (CA) Roukema Mr. BECERRA. Mr. Speaker, on May 25, PERMISSION FOR COMMITTEE ON Filner Lewis (GA) Roybal-Allard 2000, I was unavoidably detained during roll- APPROPRIATIONS TO HAVE Fletcher Lewis (KY) Royce call votes: No. 229, on Ordering the Previous Foley Linder Rush UNTIL MIDNIGHT, JUNE 1, 2000, Forbes Lipinski Ryan (WI) Question on H. Res. 511, Providing for the TO FILE PRIVILEGED REPORT Ford LoBiondo Ryun (KS) Consideration of H.R. 3916, to Amend the In- ON DEPARTMENT OF THE INTE- Fossella Lofgren Sabo ternal Revenue Code of 1986 to Repeal the RIOR AND RELATED AGENCIES Fowler Lowey Salmon Excise Tax on Telephone and Other Commu- Frank (MA) Lucas (KY) Sanchez APPROPRIATIONS BILL, 2001 Franks (NJ) Lucas (OK) Sanders nication Services; No. 230 on Agreeing to the Frelinghuysen Luther Sandlin Resolution, H. Res. 511; and No. 231 on Mr. REGULA. Mr. Speaker, I ask Frost Maloney (CT) Sanford Agreeing to the Resolution, H. Con. Res. 331, unanimous consent that the Com- Gallegly Maloney (NY) Sawyer mittee on Appropriations may have Ganske Manzullo Saxton Commending Israel's Redeployment from Gejdenson Markey Schaffer Southern Lebanon. Had I been present for the until midnight, June 1, 2000, to file a Gekas Martinez Schakowsky votes, I would have voted ``nay'' on rollcall privileged report on a bill making ap- Gephardt Mascara Scott vote 229, and ``aye'' on rollcall votes 230 and propriations for the Department of the Gibbons Matsui Sensenbrenner Interior and related agencies for the Gilchrest McCarthy (MO) Serrano 231. Gillmor McCarthy (NY) Sessions fiscal year ending September 30, 2001, Gilman McCollum Shadegg f and for other purposes. Gonzalez McCrery Shaw The SPEAKER pro tempore. Is there Goode McDermott Shays objection to the request of the gen- Goodlatte McGovern Sherman MESSAGE FROM THE PRESIDENT Gordon McHugh Sherwood tleman from Ohio? Goss McIntosh Shimkus A message in writing from the Presi- There was no objection. Graham McIntyre Shows dent of the United States was commu- The SPEAKER pro tempore. Pursu- Granger McKeon Shuster Green (TX) McKinney Simpson nicated to the House by Mr. Sherman ant to clause 1 of rule XXI, all points of Green (WI) McNulty Sisisky Williams, one of his secretaries. order are reserved on the bill.
VerDate 25-MAY-2000 03:38 May 26, 2000 Jkt 079060 PO 00000 Frm 00027 Fmt 4634 Sfmt 0634 E:\CR\FM\A25MY7.018 pfrm02 PsN: H25PT1 H3842 CONGRESSIONAL RECORD — HOUSE May 25, 2000 TELEPHONE EXCISE TAX REPEAL ‘‘(B) 1 percent with respect to amounts paid It used to be that each household had ACT pursuant to bills first rendered after September only one phone, and that was it. But 30, 2001, and before October 1, 2002.’’. Mr. ARCHER. Mr. Speaker, pursuant today homes have at least one phone (c) CONFORMING AMENDMENTS.— line, many have two. Mom and Dad and to House Resolution 511, I call up the (1) Section 4293 of such Code is amended by bill (H.R. 3916) to amend the Internal striking ‘‘chapter 32 (other than the taxes im- maybe one of the kids has a cell phone Revenue Code of 1986 to repeal the ex- posed by sections 4064 and 4121) and subchapter or a pager, and the family might have cise tax on telephone and other com- B of chapter 33,’’ and inserting ‘‘and chapter 32 a computer and use e-mail. So they are munication services, and ask for its (other than the taxes imposed by sections 4064 paying this tax on a number of tele- immediate consideration in the House. and 4121),’’. communications services, not just on (2)(A) Paragraph (1) of section 6302(e) of such their one telephone anymore. The Clerk read the title of the bill. Code is amended by striking ‘‘section 4251 or’’. The SPEAKER pro tempore. Pursu- The point is, as more Americans use (B) Paragraph (2) of section 6302(e) of such more and more telecommunications ant to House Resolution 511, the bill is Code is amended— considered read for amendment. (i) by striking ‘‘imposed by—’’ and all that services, this tax must surely not con- The text of H.R. 3916 is as follows: follows through ‘‘with respect to’’ and inserting tinue to grow. That is why I am H.R. 3916 ‘‘imposed by section 4261 or 4271 with respect pleased that we are taking this action Be it enacted by the Senate and House of Rep- to’’, and today to repeal a tax first levied in resentatives of the United States of America in (ii) by striking ‘‘bills rendered or’’. 1898. As the old saying goes, Better late Congress assembled, (C) The subsection heading for section 6302(e) than never. of such Code is amended by striking ‘‘COMMU- SECTION 1. REPEAL OF EXCISE TAX ON TELE- Mr. Speaker, I reserve the balance of NICATIONS SERVICES AND’’. PHONE AND OTHER COMMUNICA- my time. TIONS SERVICES. (3) Section 6415 of such Code is amended by Mr. MATSUI. Mr. Speaker, I yield (a) IN GENERAL.—Chapter 33 of the Internal striking ‘‘4251, 4261, or 4271’’ each place it ap- pears and inserting ‘‘4261 or 4271’’. myself 3 minutes. Revenue Code of 1986 (relating to facilities First I would like to thank the gen- and services) is amended by striking sub- (4) Paragraph (2) of section 7871(a) of such tleman from New York (Mr. RANGEL), chapter B. Code is amended by inserting ‘‘or’’ at the end of (b) CONFORMING AMENDMENTS.— subparagraph (B), by striking subparagraph the ranking Democrat on the Com- (1) Section 4293 of such Code is amended by (C), and by redesignating subparagraph (D) as mittee on Ways and Means, for yielding striking ‘‘chapter 32 (other than the taxes subparagraph (C). to me and allowing me to manage this imposed by sections 4064 and 4121) and sub- (5) The table of subchapters for chapter 33 of bill. I would like to commend the gen- such Code is amended by striking the item relat- chapter B of chapter 33,’’ and inserting ‘‘and tleman from Texas (Mr. ARCHER), the ing to subchapter B. chapter 32 (other than the taxes imposed by chairman of the committee, for bring- sections 4064 and 4121),’’. (d) EFFECTIVE DATES.— (1) REPEAL.—The amendments made by sub- ing this bill up in an expeditious fash- (2)(A) Paragraph (1) of section 6302(e) of ion. such Code is amended by striking ‘‘section sections (a) and (c) shall apply to amounts paid 4251 or’’. pursuant to bills first rendered after September Mr. Speaker, as the gentleman from (B) Paragraph (2) of section 6302(e) of such 30, 2002. Texas has mentioned, this tax is a tax Code is amended— (2) PHASE-OUT.—The amendment made by sub- that should have been repealed years (i) by striking ‘‘imposed by—’’ and all that section (b) shall apply to amounts paid pursu- ago. It started in 1898 to actually pay follows through ‘‘with respect to’’ and in- ant to bills first rendered on or after the 30th for the Spanish-American war. It had serting ‘‘imposed by section 4261 or 4271 with day after the date of the enactment of this Act. been repealed and reinstated numerous respect to’’, and The SPEAKER pro tempore. The gen- times over those years, but the fact of (ii) by striking ‘‘bills rendered or’’. tleman from Texas (Mr. ARCHER) and the matter is this tax is a tax on tele- (C) The subsection heading for section the gentleman from California (Mr. 6302(e) of such Code is amended by striking phone service communications between MATSUI) each will control 30 minutes. Americans. ‘‘COMMUNICATIONS SERVICES AND’’. The Chair recognizes the gentleman (3) Section 6415 of such Code is amended by When it was first instituted in 1898, striking ‘‘4251, 4261, or 4271’’ each place it ap- from Texas (Mr. ARCHER). 102 years ago, there were, believe it or pears and inserting ‘‘4261 or 4271’’. GENERAL LEAVE not, 1,356 telephones in America. It was (4) Paragraph (2) of section 7871(a) of such Mr. ARCHER. Mr. Speaker, I ask clearly a luxury tax. It was a method Code is amended by inserting ‘‘or’’ at the end unanimous consent that all Members that very wealthy people used to com- of subparagraph (B), by striking subpara- may have 5 legislative days within municate with each other probably graph (C), and by redesignating subpara- which to revise and extend their re- more as a novelty than as a real source graph (D) as subparagraph (C). (5) The table of subchapters for chapter 33 marks and include extraneous matter of communication. The fact of the mat- of such Code is amended by striking the item on H.R. 3916. ter is today that 94 percent of the relating to subchapter B. The SPEAKER pro tempore. Is there American public of 270 million people (c) EFFECTIVE DATE.—The amendments objection to the request of the gen- now use telephones. Now they pay a 3 made by this section shall apply to amounts tleman from Texas? percent tax. As we know, this tax hits paid pursuant to bills first rendered more There was no objection. across everybody, low-income people, than 90 days after the date of the enactment Mr. ARCHER. Mr. Speaker, I yield moderate-income people, the rich; but of this Act. myself such time as I may consume. everybody pays the same percentage. The SPEAKER pro tempore. The Mr. Speaker, today Congress will This is probably one of the most re- amendment printed in the bill is adopt- vote to repeal the 102-year-old Federal gressive taxes that the Federal Govern- ed. excise tax on telecommunications serv- ment has. It should be repealed, par- The text of H.R. 3916, as amended, is ices. This is a bipartisan bill intro- ticularly in a time of surpluses. as follows: duced by the gentleman from Ohio (Mr. I might also mention that there is H.R. 3916 PORTMAN) and the gentleman from another aspect of this as well. As we Be it enacted by the Senate and House of Rep- California (Mr. MATSUI). It repeals an know, we have numerous different resentatives of the United States of America in excise tax which is regressive and hits modes of communication in America Congress assembled, low-income families and people on and throughout the world today. We SECTION 1. REPEAL OF FEDERAL COMMUNICA- fixed incomes like older Americans the have the Internet, we have cable TIONS EXCISE TAX. (a) IN GENERAL.—Chapter 33 of the Internal hardest and it is a tax that has truly modems and everything else. At this Revenue Code of 1986 (relating to facilities and outlived its usefulness. The telephone time the IRS and the Treasury Depart- services) is amended by striking subchapter B. tax is a showcase example of bad tax ment is having a very difficult time on (b) PHASE-OUT OF TAX.—Paragraph (2) of sec- policy and its endurance over the cen- how to apply this tax. Some can use tion 4251(b) of such Code (defining applicable tury proves again that once the Gov- the Internet with cable modems to percentage) is amended to read as follows: ernment gets its hands on the tax- avoid the tax, and others who use the ‘‘(2) APPLICABLE PERCENTAGE.—The term ‘ap- payers’ money, it is hard to get it back basic telephone service end up paying plicable percentage’ means— ‘‘(A) 2 percent with respect to amounts paid to the people. the tax. As we know, average low-in- pursuant to bills first rendered on or after the In addition to helping people today, come Americans are the ones that do 30th day after the date of the enactment of this repealing this tax will help avoid a po- not have access to the Internet. And so subparagraph and before October 1, 2001, and tentially big tax increase in the future. again this tax is even more regressive,
VerDate 25-MAY-2000 01:37 May 26, 2000 Jkt 079060 PO 00000 Frm 00028 Fmt 4634 Sfmt 0634 E:\CR\FM\K25MY7.071 pfrm02 PsN: H25PT1 May 25, 2000 CONGRESSIONAL RECORD — HOUSE H3843 given the fact that many Americans phone tax. As was indicated, this re- that almost 100 percent to $2.45, $1.20 a cannot afford the new technology that peal will cost some $20 billion to the month. we have. This tax is currently at ap- treasury, or putting it another way, But, wait a minute. We just saved 97 proximately over a 5-year period $20 Americans will be saving $20 billion cents, and the phone company took it billion. This is not just a small over a 5-year period. To put that into away. Before we got the savings, this amount. This is a very large tax on perspective, the President has rec- phone company took it away. So right American citizens. ommended this Congress pass a drug now, as we stand here, we are 23 cents Mr. Speaker, this tax needs to be re- benefit for the senior citizens on Medi- in the hole, because after we give you pealed. I urge my colleagues to vote care. The 5-year cost of that is $40 bil- this phone tax relief, your bill is going yes on this repeal effort. lion. But my Republican colleagues do to go up 23 percent anyway. Mr. PORTMAN. Mr. Speaker, I yield not support that so we probably will So now I am thinking, my gosh, how 21⁄2 minutes to the gentleman from Ari- not do it for the seniors; but this phone are we going to help the consumer out? zona (Mr. HAYWORTH). repeal could fund one-half of that Well, I came up with a couple of ideas. Mr. HAYWORTH. Mr. Speaker, I Medicare drug benefit for seniors, just It is going to cost some money to thank the gentleman from Ohio for to put it into perspective. change the Tax Code. There will be yielding me this time. I salute my col- Now, I guess people are going to ask, some administrative costs once this league from Ohio and my colleague what is this worth to me? I have a copy bill is signed into law. I am thinking of across the aisle from California for of a phone bill here from the State of producing an amendment today to bringing this forward. Credit is also Virginia from the Bell Atlantic Phone amend the bill, and instead of sending due to a new Member of our institu- Company. This is for the other services the 97 cents back to the consumers, tion, the gentleman from California and charges. If I could direct Members’ send the $20 billion to the phone com- (Mr. GARY MILLER), who brought this attention to number seven, it is tax pany. My friends, they are going to get to our attention last year. and Federal, the savings to the con- it anyway. As the chairman of our committee sumer here, 97 cents. People ask me, The other idea is to move the pre- pointed out, Mr. Speaker, this is an ob- where did this idea come from to repeal vious question, which means cut off all ject lesson on tax policy in our con- the tax? Clearly the gentleman from the debate, because the longer we sit stitutional Republic. One is almost California (Mr. MATSUI) introduced a here today and talk about this, the less tempted, Mr. Speaker, to return to my bill, but we also had an advisory com- the consumers are going to save. profession of broadcasting, ‘‘This bul- mission established by Congress to Mr. PORTMAN. Mr. Speaker, I yield letin just in. The Spanish-American look at the Internet tax. myself such time as I may consume. war is over. We won. But in the process Mr. Speaker, I appreciate that my b 1345 American consumers lost.’’ friend from Wisconsin has pointed out As my colleague from California cor- It was headed up by the governor of some other potential targets. Unfortu- rectly points out, this has been a stop- the State of Virginia, Governor Gil- nately, the U.S. Congress will not be start, on-again off-again procedure. Yet more. His colleagues not only wanted able to do much about it. Maybe some it is compelling because it was a tax to put a moratorium on Internet tax, State legislators from Virginia were levied for the most noble of purposes but they also had this real thing about watching, maybe some of our regu- over a century ago; but it has stayed the Federal phone tax. They pushed lators downtown were watching from around and, far from a luxury, we know and shoved, and part of the rec- the FCC, and maybe even some mem- today the telephone is a necessity. We ommendation to Congress was to re- bers of the Committee on Commerce know today that as we live in the in- peal this 97 cent tax here. are here. formation age, as we depend on com- As I look at this bill, Governor Gil- But I know that it is very important puters more and more, information so more, my eyes dropped to the next line, to most Members of this Chamber that vital to our everyday lives need not be and that is the State sales tax on your we go ahead and reduce that 97 cents, taxed. Especially egregious, these phone bill. That is $7.00, 700 percent which is $6 billion a year on the con- funds from this luxury tax are not even more, and I do not recall the governor sumers of this country; and regardless devoted to the telecommunications saying anything about knocking that of what States may do or what other process. No, they go into the general down, but he is so gracious to help us regulations may require, I am de- fund. out by eliminating this 97 cents on the lighted that this has been, from the And so it is long overdue that we re- phone bill. start, an effort that has been supported peal this Spanish-American War tele- I just read in the Post today that broadly on a bipartisan basis. phone tax, this tax on talking; and in Governor Gilmore wants the taxpayers I want to point out the gentleman much the same way, we need to con- of the country to give him another half from California (Mr. MATSUI) in par- tinue our review and one day reform a billion dollars to rebuild the Wilson ticular. He is my partner on this legis- our overall tax policy because histo- Bridge, which is in part Virginia and in lation, has been from the start. He rians note that the current taxation on part Maryland. I say we could sure help makes some very good points every personal income made possible by the him out if we had this $20 billion, but time he speaks on this issue. He just 16th amendment to our Constitution we have to give that back. But the made them previously about the dif- was preconditioned through judicial re- point here is the consumers by our ac- ficulty we are having at the IRS right view on the notion that it is tem- tion today are going to save 97 cents on now even identifying what is a tele- porary. this phone bill, but we are not doing phone tax and what is not, given the Well, today the temporary century- anything about the $7 tax going to emerging technologies and given the plus telephone tax will be repealed. Richmond. very fast pace of change out there. Again, as we congratulate each other So this is a great day. We are really The gentleman also has talked, I in a bipartisan fashion, Mr. Speaker, going to do something for the con- know, about the history of this legisla- the American people ask, What took sumers. Massive tax relief. Great day. tion. I do not want to go over all of it, you so long? We are finally getting the I have got some bad news. Bell Atlan- but I hope people understand that this work done for the people. tic, same company, sent out a letter, was a temporary luxury tax put in Mr. MATSUI. Mr. Speaker, I yield 41⁄2 and they sent out the letter to the place during the Spanish-American minutes to the gentleman from Wis- phone people, to those who use their War to pay for that war at a time when consin (Mr. KLECZKA), a member of the telephone, and they say, hey, impor- very few Americans had telephones, Committee on Ways and Means. tant notice, folks. Optional wire main- only the wealthiest of Americans. This Mr. KLECZKA. Mr. Speaker, let me tenance price plan increase. What is temporary luxury tax, which was put thank the gentleman from California that? Well, for the phone wire inside in place at a time when the country for yielding me this time. your house, these folks are currently was just being introduced to the glam- Mr. Speaker, I am really tickled pink paying $1.25 a month. The phone com- orous young war hero, Teddy Roo- to have the opportunity to come down pany is telling them, effective June 17 sevelt, has lived on. It has gone up, it here and talk about this repeal of the of this year, we are going to increase has gone down, it has gone all around.
VerDate 25-MAY-2000 01:37 May 26, 2000 Jkt 079060 PO 00000 Frm 00029 Fmt 4634 Sfmt 0634 E:\CR\FM\K25MY7.075 pfrm02 PsN: H25PT1 H3844 CONGRESSIONAL RECORD — HOUSE May 25, 2000 But it is a classic example of a tax in War is long over, but in the 21st cen- Mr. Speaker, I rise in strong support Washington that just will not die, and tury, the telecommunications revolu- of this legislation and urge my col- in this case a temporary tax on a lux- tion is very much on. We need to assist leagues to vote in favor of repealing ury item that is no longer a luxury that. this outdated tax on our most basic item, rather something all of us use Mr. Speaker, I reserve the balance of communications. In my home State of every day in our lives and is clearly a my time. Pennsylvania, this would mean $245 catalyst to the economic growth we are Mr. MATSUI. Mr. Speaker, I yield 1 million in tax relief, with $75 million of all enjoying. minute to the gentleman from Texas that going to families who earn less So at a time of prosperity, at a time (Mr. GREEN). than $30,000. The time has long passed when we can look out to the future Mr. GREEN of Texas. Mr. Speaker, I to eliminate this regressive tax on the with budget surpluses projected, and thank my colleague from California, American people and on small business. have the luxury of looking at our Tax the original Democrat sponsor of this For the first time in decades, with Code, what makes sense and what does bill, for yielding me time. the Federal Government running a not, this should be for this Congress a As a cosponsor of H.R. 3916, the Tele- budget surplus, it is particularly per- target for repeal. phone Excise Tax Repeal Act, I am verse to continue this tax on talking It is a 3 percent Federal excise tax; proud to not only support it, but also when telecommunications play such a you will see it on your phone bill. be a cosponsor. It adds $6 billion annu- vital role in the information super- Sometimes it is called FET. Look at ally to our bills and about $2.00 a highway. The revenues from this tax, the bottom of that bill, if you can look month to our constituents’ phone bills. as the last speaker noted, are not even While this tax was created to fund past all the other charges and so on earmarked to support telecommuni- the Spanish-American War and has that the gentleman from Wisconsin cations infrastructure. It goes to the been reinstituted during different con- talked about. This is one this Congress flicts, telephones were a luxury. Well, general treasury. can do something about and should do Mr. Speaker, I would urge every one that is not the case anymore. In fact, it today. of my colleagues to vote for this bill, has long since not been a luxury. So From a tax policy perspective, there and, in doing so, vote for tax fairness, this regressive tax should be repealed. are number of reasons why this does This is a broad tax cut that I think a for tax relief, and for easier Internet not make sense, in addition to the fact lot of us can support, and that is why access. I urge the passage of the legis- that it is no longer necessary, since the you have a broad number of Members lation. Spanish-American War is 102 years ago. that are cosponsoring it. It covers ev- Mr. MATSUI. Mr. Speaker, I yield 2 One is it is regressive. Lower-income eryone, but particularly it covers sen- minutes to the gentleman from Geor- families, of course, pay a higher per- ior citizens in my own district who can gia (Mr. LEWIS), a member of the Com- centage of their family budget than see when their bill comes in after this mittee on Ways and Means. most Americans do on the telephone is effective, their Federal tax will be Mr. LEWIS of Georgia. Mr. Speaker, use. Everybody has a phone. Ninety- reduced. I rise today in support of the motion to four percent of American families have I do share with my colleague from be offered by my good friend and col- it. Seniors are particularly hard hit by Wisconsin the concern about whether league on the Committee on Ways and this on fixed incomes who need the their regular phone bill will be in- Means, the gentleman from Texas (Mr. telephone as a lifeline to the outside creased, but hopefully they will deal DOGGETT), the motion to recommit. It world. with their State legislature and their simply says that section 527 political Second, unlike other Federal excise regulation on that. The only funds that organizations will not get the benefit taxes that go for some specific purpose, should be collected from the tele- of the telephone excise tax repeal un- this simply goes into general revenues. communications device should be the less they disclose their donors. It is The gas tax is a Federal excise tax, but digital divide. that simple. it goes to fix our roads and our bridges. I am also glad we are having a mo- The gentleman from Texas (Mr. We also have Federal excise taxes on tion to recommit to close the 527 loop- DOGGETT) had tried to offer this sin, being the sin taxes, so-called sin hole that requires 527s to be able to list amendment in the Committee on Ways taxes, on alcohol and cigarettes. who is giving to them and how they are and Means twice, once today and once But this is something that we should spending their money. during the debate on the Taxpayers’ not be discouraging, telephone use. In Mr. PORTMAN. Mr. Speaker, I yield Bill of Rights. Both times, the Repub- fact, just the opposite. We should be 21⁄2 minutes to the gentleman from licans have voted it down and blocked encouraging it, again, because it is Pennsylvania (Mr. ENGLISH), my col- it from coming to the floor. such a fundamental driver in the eco- league on the Committee on Ways and Every person in America realized the nomic prosperity we now enjoy. Means. importance and necessity of fixing our Finally, and perhaps most impor- Mr. ENGLISH. Mr. Speaker, I thank system of financing elections. The tantly, this is anti-Internet, having the gentleman for yielding, and I thank Doggett amendment is an attempt, but this tax in place, anti-telecommuni- him for his efforts as well as those of an important attempt, a necessary at- cations, at a time when that ought to the gentleman from California to move tempt, to bring about campaign fi- be encouraged. Ninety-six percent of forward to repeal this fantastically an- nance reform. It will close another Internet goes over phone lines. tiquated tax. loophole in campaign finance disclo- So at the very end of the day, all I Mr. Speaker, recently I had the op- sure laws. It will clean up the mess cre- can say is this is a great example portunity in visiting Egypt for the first ated by section 527 political organiza- where the Congress gets together, re- time to do something that every arche- tions. These organizations can take un- flects on our Tax Code, what makes ology buff wants to do, and that is visit limited money from almost any source, sense, what does not, comes together the pyramids. As I descended into the even foreign money, and make expendi- on a bipartisan basis, making it bipar- bowels of the great pyramid of Cheops, tures without any disclosure to any- tisan from the very start, then brings I developed a fresh appreciation for the one. It is a sham, it is a shame, and it it to the floor in a bipartisan way, to ancient Egyptian belief in resurrection. is a disgrace. The American people de- send a strong message to the United Mr. Speaker, as we move to inter this serve better. States Senate, which sometimes needs tax finally, we are looking at a provi- The Doggett amendment only re- a strong message, and to the President, sion in the Tax Code that would reaf- quires simple open disclosure by these because I hope it will end up on his firm the beliefs of the Old Kingdom in organizations, these 527 organizations. desk, hope it will happen in the next resurrection. This tax was first intro- The American people have a right to month. I hope it will happen before we duced in 1898, before income taxes were know. They have a right to know who go out of session certainly this year, so levied. It was designed as a temporary is funding political campaigns in our we will be able to give our consumers a tax to pay for the Spanish-American country. They have a right to know little break and help our economy and War, as the last speaker noted. Since who is behind the attack ads. The get rid of this, again, outdated part of then, this tax has been repeatedly res- American people have a right to a free our Tax Code. The Spanish-American urrected by Congress to no end. and fair election process.
VerDate 25-MAY-2000 01:37 May 26, 2000 Jkt 079060 PO 00000 Frm 00030 Fmt 4634 Sfmt 0634 E:\CR\FM\K25MY7.078 pfrm02 PsN: H25PT1 May 25, 2000 CONGRESSIONAL RECORD — HOUSE H3845 There is already too much money in the late 1960s and the early 1970s after I think it is important to note that 96 the political process. There is no room Watergate, the American people re- percent of those who access the Inter- for secrecy too. We need to fix the coiled in their anger at the idea that in net use their telephone line, so by low- mess. I urge my colleagues to support the basement of the White House there ering the cost of telephone use, we are the motion to recommit. were suitcases full of cash, increasing digital opportunity for mil- Mr. PORTMAN. Mr. Speaker, I yield unacknowledged by the donors, and we lions of Americans. 2 minutes to my slow-talking, fast- are headed down the road to that same I am proud of the leadership this thinking friend, the gentleman from practice unless we do something about House has shown in creating more dig- Georgia (Mr. COLLINS). the idea of disclosing who gives what. ital opportunity and eliminating that b 1400 The gentleman from Texas (Mr. so-called digital divide. Just a few DOGGETT) is right on target, and to my weeks ago, we passed a 5-year exten- Mr. COLLINS. Mr. Speaker, I appre- friends on the Republican side and my sion of the Internet tax moratorium ciate the gentleman yielding me this colleagues on the Democratic side, that specifically prohibited new fees time. these groups are bipartisan political and taxes on Internet access at the Mr. Speaker, when Theodore Roo- assassins. We should know where their State and local level. Just 2 weeks ago, sevelt issued the order to charge, he money comes from. The idea of disclo- we passed legislation which cut off at was referring to the Rough Riders and sure was that it would be a disinfectant the pass the FCC’s authority to impose ordered them towards San Juan Hill. to campaign money. People would have new fees and taxes by the FCC; and I Well, evidently the Congress heard the an opportunity to examine where the am proud to say that today, we are order of charge at the same time, and money originated, for what purpose it going to eliminate the telephone excise they implemented this 3 percent luxury was given, and then they would cast tax, one of those toll booths. So we are tax on those at that time who had a their decision. removing three toll booths on the in- telephone. Well, that time in Congress Well, we know now that there are formation superhighway with this leg- and Theodore Roosevelt have passed, independent expenditures that are islation. the Spanish American War is over, and made against many Members of this Mr. Speaker, I say to my colleagues, it is time that we cease charging, Congress, not only on issues, but just let us remove those toll booths on the charging the American people this ri- as importantly, directed at the can- information superhighway. Let us do diculous tax on their telephones. didates. The public should know who the right thing. This bill has bipartisan The charge was to pay for the war. gives the money. support. Let us send it with a strong The war had a cost of about $250 bil- Mr. PORTMAN. Mr. Speaker, I yield vote to the Senate. Let us create dig- lion. Today, we are collecting better 21⁄2 minutes to the gentleman from Illi- ital opportunity by lowering cost to ac- than 20 times the cost of that war each nois (Mr. WELLER), a distinguished cess the Internet. By eliminating the year. This is just another example of member of the Committee on Ways and telephone excise tax, we lower the cost, excessive taxation, but Congress too is Means. we remove a toll booth, we increase responsible for the excessive taxation (Mr. WELLER asked and was given digital opportunity, and we are going because of our excessive spending hab- permission to revise and extend his re- to help millions of Americans gain the its. But it is an excessive cost to fami- marks.) opportunity to join the information su- lies and to business. At a time that we Mr. WELLER. Mr. Speaker, let me perhighway. have a savings rate that is negative in begin by saluting the gentleman from Mr. MATSUI. Mr. Speaker, I yield 1 this country, at a time that we are try- Ohio (Mr. PORTMAN) and the gentleman minute to the distinguished gentle- ing to encourage investments, and at a from California (Mr. MATSUI), my woman from California (Ms. ESHOO). time when we are trying to compete in friends, for offering this legislation, Ms. ESHOO. Mr. Speaker, I rise in a global market, it is time for us to re- legislation that is so important. Let support of this legislation that will re- peal and/or change tax provisions that me begin by just sharing a couple of peal the 3 percent telephone Federal will assist families and business. statistics that illustrate why it is so excise tax. The tax should be repealed, Mr. Speaker, it is time to end this important. it has outlived its use, it passed origi- charge. The war is over. Let us sunset Today, there are 100 million U.S. nally, as has been stated by several col- this tax. adults using the Internet. There are leagues as a luxury tax. Virtually Mr. MATSUI. Mr. Speaker, I yield 2 seven new Internet users every second. every home in America now has a tele- minutes to the distinguished gen- Think about that, seven new Internet phone, even those that can afford very tleman from Massachusetts (Mr. users every second, more millions of few luxuries. NEAL), a member of the Committee on families in America. Of course, school Indeed, the tax was first passed a Ways and Means. kids at home use the Internet as a way century ago when the telephone was a Mr. NEAL of Massachusetts. Mr. of doing their homework, accessing the new and simple device. Today, at the Speaker, I ask rhetorically one ques- Library of Congress. dawn of another century, telecommuni- tion on this issue: why would anybody Today, we are responding to a pretty cations has changed so much that it is not want to repeal this tax? And then important question and that question impossible to apply the tax even fairly. I thought about it and I came to the is, do we want the information super- If consumers use a telephone line to ac- conclusion, with 4 teenage children, highway to be a toll way or a freeway. cess the Internet, they will pay this maybe I am wrong. Do we really want I believe, of course, that we want it to tax. If they use a cable modem, they to encourage them to stay on the be a freeway. Today we are voting to will not. Furthermore, how does this phone longer? But even after that, I remove one of those toll booths on the tax apply to new delivery systems? have come down on the side of repeal, information superhighway by voting to Will people who use delivery systems primarily because changing tech- repeal the telephone excise tax. like DSL be taxed when they use DSL nology, as the gentleman from Ohio Mr. Speaker, when we think about for telephoning, but not be taxed when (Mr. PORTMAN) has pointed out, will and look at who has Internet access at they use the Internet? make the collection of this tax more home, the higher their income, the I think our responsibilities include and more difficult and digital tech- more likely they have it. Families with repealing old, outmoded laws and also nology will continue to blur the lines incomes of $75,000 or more are 20 times make it possible for our constituents between audio, video, and tech trans- more likely to have Internet access. If to enjoy new advancements in tech- missions. In the coming era, we will we ask those with low or moderate nology. This legislation does both. ask ourselves what will define tele- means why they do not have Internet In the recommittal, I urge my col- phone service. It is a bad tax, and we access, they tell us it is because of the leagues to vote for disclosure. The have an opportunity to get rid of it. cost, that the cost is the barrier which American people deserve it, they de- Mr. Speaker, let me shift gears for a denies their children the opportunity serve the right to know. None of us can second to stand in support of the gen- to use the Internet for school work. brag that this campaign finance sys- tleman from Texas (Mr. DOGGETT) who Today, we are eliminating one of those tem is something that is good for the is going to speak in a few minutes. In barriers. country. Vote for disclosure.
VerDate 25-MAY-2000 01:37 May 26, 2000 Jkt 079060 PO 00000 Frm 00031 Fmt 4634 Sfmt 0634 E:\CR\FM\K25MY7.081 pfrm02 PsN: H25PT1 H3846 CONGRESSIONAL RECORD — HOUSE May 25, 2000 Mr. PORTMAN. Mr. Speaker, I yield Mr. Speaker, 527s pose a great threat contributions and spend it for political 21⁄2 minutes to the gentleman from to our current democratic process. Un- purposes without disclosing at all California (Mr. COX), the chairman of fortunately, the House leadership will where the money is coming from. For the Republican Policy Committee. not give us a vote on this important too long opponents of campaign finance Mr. COX. Mr. Speaker, I thank my issue, so voters do not know who is be- reform have claimed that the only colleague, the gentleman from Ohio hind the 30 second TV ads trashing thing we need to do to reform cam- (Mr. PORTMAN) for the extraordinary their candidates. paign finances is to require full disclo- work that he has done in a bipartisan Mr. Speaker, I urge my colleagues to sure. Well, here is their opportunity. fashion to bring this legislation to the support this motion to recommit so What is it going to take to enact long floor. I am pleased to join with him and that we can make the public aware of overdue campaign finance reform in the rest of my Republican and Demo- section 527s and the damage that they this Congress, illegalities of the mag- cratic colleagues today in support of are doing to our current political sys- nitude not seen since the Nixon admin- this legislation to repeal the Spanish tem. istration, when the last wave of cam- American war tax. It is no longer a lux- Mr. MATSUI. Mr. Speaker, I yield 1 paign finance reform measures were fi- ury tax. It is not fair; it is extremely minute to the distinguished gentleman nally enacted. I hope not. regressive. The reason for its enact- from Maine (Mr. ALLEN). Support the motion to recommit and ment, to fund the war with Spain, no Mr. ALLEN. Mr. Speaker, I thank let us shut down the 527 loophole, as we longer exists. the gentleman for yielding me this are the excise tax today. In preparing for this debate, I did time. Mr. MATSUI. Mr. Speaker, I yield 1 some research into the genesis of this Mr. Speaker, I rise in support of this minute to the distinguished gentleman tax. I went to the report issued on bill. It is time we repealed this out- from Indiana (Mr. HILL). (Mr. HILL of Indiana asked and was April 26, 1898, 102 years ago, in the moded and regressive tax. I hope we Committee on Ways and Means, and I given permission to revise and extend will make another change to the Tax found that the author of this bill, a his remarks.) Code through the motion to recommit. Representative Dingley, not DINGELL Mr. HILL of Indiana. Mr. Speaker, I Section 527 organizations simply from Michigan, not my good friend and thank the gentleman from California should disclose their contributors. colleague who is the dean of the House, (Mr. MATSUI) for yielding me this time. One of those organizations is called because even he has not been here any- Mr. Speaker, I rise today in support Citizens for Better Medicare, though it where near that long, but a Represent- of repealing the telephone excise tax as is not really made up of citizens. It is ative Dingley who said about his bill well. This legislation will make tele- funded with vast, but undisclosed, which was entitled, Revenue to Meet phone bills cheaper and easier to un- sums from the pharmaceutical indus- War Expenditures, ‘‘All of these addi- derstand. People in my district in try; and they run ads to persuade tional taxes are war taxes which would southern Indiana have told me they do naturally be repealed or modified when Americans or try to persuade Ameri- not understand their telephone bills, the necessities of war and the payment cans that it is okay to price prescrip- the confusing fees and surcharges on of war expenses have ceased.’’ tion drugs at twice the level that they their phone bills. They do not know Well, I think we can all agree today charge HMOs, big hospitals, the Fed- why their bills are so high even when that that time has come, 102 years eral Government, Canadians, Mexicans, they make few or sometimes no long later. This tax was created over a cen- and the rest of the world. Citizens for distance calls. tury ago to pay for a war in which the Better Medicare is a political organiza- I petitioned the Federal Communica- father of General Douglas MacArthur, tion, it runs political ads that urges tions Commission last fall to make a commander of note in his own right, people to call your Congressman. It has phone bills more fair. The laundry list capped his career. Some years later, a secret funds, and it spends some of its of flat fees and taxes drive up phone half century ago, his son stood here in money attacking the Canadian health bill costs and confuses consumers. this chamber and told us in one of the care system. Today we, as Members of Congress, most memorable addresses ever given Well, last year, the gentleman from have an opportunity to take an imme- in this Chamber, that old soldiers Texas (Mr. DELAY), during the debate diate step to lighten the burden on con- never die, they just fade away. But this on campaign reform said what reform sumers by supporting this bill. Elimi- old tax will neither die nor fade away. can restore accountability more than nating this unnecessary tax will be just So today, more than a century after an open book? It is incredible and baf- the first step toward making phone Spain and the United States signed a fling that we will not support this mo- fees more fair and easy to understand. treaty of peace in Paris, we need to in- tion to recommit today. Mr. PORTMAN. Mr. Speaker, I yield myself such time as I may consume. voke the memory of those rough riders b 1415 who charged up San Juan Hill and Mr. Speaker, I would just make the mount a charge on this unnecessary We have a chance to require disclo- point again that this is a great exam- and unfair confiscation, run a bayonet sure, to open the books and to let the ple of bipartisan legislation that has through it, and kill it. sunshine in on big money and politics. been so from the start that has come to Mr. MATSUI. Mr. Speaker, I yield 1 Mr. MATSUI. Mr. Speaker, I yield 1 the floor after extensive discussion and minute to the distinguished gentle- minute to the distinguished gentleman hearings. We have a broad-based coali- woman from California (Mrs. CAPPS). from Wisconsin (Mr. KIND). tion that is involved in this effort. It Mrs. CAPPS. Mr. Speaker, I am a co- (Mr. KIND asked and was given per- includes the Hispanic business commu- sponsor of the act to repeal the tele- mission to revise and extend his re- nity. It includes the African American phone excise tax, but I am rising now marks.) business community. It includes, of in support of the motion of the gen- Mr. KIND. Mr. Speaker, I thank my course, consumer groups. It includes tleman from Texas (Mr. DOGGETT) to friend, the gentleman from California telephone companies that now pay the recommit, because we need to make (Mr. MATSUI), for yielding me this administrative costs to impose this the public aware of section 527. time. tax. So-called 527 groups are tax-exempt, Mr. Speaker, I rise in support of the It includes people who have been try- political organizations that try to in- telephone excise tax repeal, but I also ing for years to get the Congress to fluence elections. They can spend mil- rise to speak in favor of the motion to focus on this outdated tax that is actu- lions of dollars on negative ads, direct- recommit. ally a barrier to Internet access and to mail campaigns, and phone banks. Not It is really a sad day here when we the telecommunications revolution too long ago, I had never even heard of have to bring up our only serious dis- that this Congress is trying to encour- section 527s of the IRS code. Now, our cussion about campaign finance reform age rather than discourage. I would constituents face the possibility of a this way in this manner as a motion to just hope that maybe we could keep negative ad campaign streaming into recommit. It is because of the latest this discussion focused on that. their homes paid for by undisclosed, abomination that has crept into our There will be a motion to recommit. far-off donors, distorting their elec- political process, the so-called 527 cor- I understand it is going to try to con- tions. porations that can accept unlimited nect some new issues to this that have
VerDate 25-MAY-2000 01:37 May 26, 2000 Jkt 079060 PO 00000 Frm 00032 Fmt 4634 Sfmt 0634 E:\CR\FM\K25MY7.085 pfrm02 PsN: H25PT1 May 25, 2000 CONGRESSIONAL RECORD — HOUSE H3847 to do with campaign finance reform. gentleman is so interested in disclo- Maybe the Treasury Department We have heard a lot of the speakers ad- sure, it would be awfully nice if in the could help us because they are the ex- dress that, and I appreciate the fact context of this telephone tax repeal, perts in this. that they are supporting this repeal which is what we are talking about Mr. TIERNEY. Mr. Speaker, will the which is long overdue; but I would also today, that many of us have worked for gentleman yield? hope that when we do bring a piece of months on, that the motion to recom- Mr. PORTMAN. They could give us bipartisan legislation to the floor, as mit would be disclosed to us. some perspective on this. Is a 527 any the gentleman from California (Mr. Mr. DOGGETT. Mr. Speaker, will the different than a 501(c)(4) that is also MATSUI) and I have today, that we gentleman yield? doing advertising without any proper might as a Congress respond to those Mr. PORTMAN. I have not seen it. disclosure? very people on both sides of the aisle No. Let me just make my own points, Mr. TIERNEY. Mr. Speaker, will the who say, gee, we are so partisan around if I might. gentleman yield? Mr. PORTMAN. Is a 527 different here, we can never get anything done Mr. DOGGETT. I would be glad to than a 501(c)(5)? together, we can never move forward to disclose it. The SPEAKER pro tempore (Mr. do something for the American people Mr. PORTMAN. Since no one yielded to me on the gentleman’s side, I will LATOURETTE). The time is controlled that is in their interest, I would hope by the gentleman from Ohio (Mr. some of my friends on the other side of let the gentleman take his own time. Second, I would make the point that PORTMAN). the aisle would listen to some of their Mr. PORTMAN. Mr. Speaker, again I own words and perhaps respond accord- if campaign finance reform is going to be connected to every issue that comes am happy to let the gentleman talk on ingly, and that we could move together his own time. He did not yield to our without the kind of confusion and po- up on the floor that is bipartisan, that is constructive, that is something that side, and there is plenty of time on the tentially partisan acrimony that seems gentleman’s side. is moving America forward, then I to be building with regard to this mo- I would just say that it would be nice think it is very easy for people who are tion to recommit and send something if in one day in this Congress we could over to the Senate with a very strong watching out there and other Members come together, join arms as Repub- bipartisan signal that we feel strongly to think, gee, perhaps the folks on that licans and as Democrats, and do some- about this issue; we want to get it done side of the aisle are trying to obstruct thing that is good for all of our con- this year. We believe this is something what goes on in this Congress, are try- stituents, which we have done up to we can do for all of our constituents. ing to make everything that is bipar- this point on this legislation, both in Mr. Speaker, I reserve the balance of tisan into a partisan issue, are trying terms of the subcommittee hearings, in my time. to keep this Congress from getting its terms of the committee hearings, the Mr. MATSUI. Mr. Speaker, I yield 1 work done and in fact helping the committee markup, in terms of work- minute to the distinguished gentleman American people. ing with outside groups to come to- from Massachusetts (Mr. TIERNEY). That is what this is all about today. gether and bring people together, rath- Mr. TIERNEY. Mr. Speaker, we could This is an effort again that the gen- er than making it a partisan issue, all be here on this bipartisan motion tleman from California (Mr. MATSUI) rather than again raising issues that today, this bipartisan bill, and actually and I, and the gentleman from Cali- are going to confuse and muddy the pass it on a suspension. I do not see a fornia (Mr. BECERRA) and I, the gen- waters as we try to send a strong bipar- great deal of controversy about what is tleman from Texas (Mr. BENTSEN) and tisan signal to the U.S. Senate and to going on with the subject matter of I, and many other Members of this con- the President that this phone tax is this bill. The fact that I would like to ference and the conference of the other one we want to repeal and we want to hear discussed in a bipartisan way is side have worked on; and we are happy get it done this year. the motion to recommit. to proceed with a debate on the tele- Mr. Speaker, I reserve the balance of I would ask the gentleman from Ohio phone tax because we think it is the my time. why is it we do not hear anybody in a right thing to do for the American peo- Mr. MATSUI. Mr. Speaker, I yield 1 bipartisan way from that side of the ple. minute to the distinguished gentleman aisle talking about the recommittal to We are also eager to see the motion from the State of Washington (Mr. INS- have that go into effect and have that to recommit since the gentleman is so LEE). be bipartisan? We need disclosure. 527s concerned about disclosure, and it (Mr. INSLEE asked and was given are, in fact, a blight on our election would be interesting to see how it is permission to revise and extend his re- system. We have heard Members on tied in. marks.) that side of the aisle talk for a long What I heard from the speaker ear- Mr. INSLEE. Mr. Speaker, I must say time about how they want disclosure. lier, although we do not have the mo- that I am greatly disappointed that our The majority whip tells us he wants tion to recommit so we cannot see it, is friends across the aisle are not joining disclosure. I would hope he would come that the gentleman was interested in Senator JOHN MCCAIN, who has shown to the floor and say that he supports saying that he could tie this to, again, great leadership in an attempt to close this in a bipartisan way. this constructive effort to repeal an this loophole, and are not joining us on The head of the conference has said outdated tax by saying that if folks do this side of the aisle who want to close that he supports disclosure. He intends not disclose who are in certain kinds of this loophole. to raise a lot of money under 527s. Let organizations then they would have to Now here is why we should do this to- us hear him come to the floor and talk continue to pay the 3 percent telephone gether: it is a fundamental tenet of about how he wants to be bipartisan on tax, which is an interesting way to tie Americans’ values that we like a fair this bill, and then we can pass the sub- it in; and I must commend the gen- fight. Americans like a fair fight, and ject bill which is virtually a no-brainer tleman from Texas (Mr. DOGGETT) for these 527 organizations are nothing with its regressive nature. At this his creativity. But I will say that I do more than secret assassins. They are point in time, we are spending an awful not think that does a whole lot; I do secret character assassins, and they as- lot of time reaching around slapping not think that is much of an enforce- sassinate people on both sides of the ourselves on the back. Let us do some- ment mechanism. aisle on a bipartisan basis. thing really heroic for the American So if the gentleman is really trying With all due respect to the last people. Let us do something that really to get something done, maybe he ought speaker, we do not need any experts gets to the serious part of business. Let to back up and go to his own Treasury from the Department of Treasury to us do something for campaign finance Department in the Clinton administra- tell us this. Look at 527. I have it right reform and get rid of these 527s. tion and say where is the report on po- here, that defines these terms. It says, Mr. PORTMAN. Mr. Speaker, I yield litical activities and the appropriate the term exempt function means the myself such time as I may consume. tax structure of political activity that function of influencing or attempting Mr. Speaker, since the gentleman was due under the 1998 IRS Restruc- to influence the selection, nomination, would not yield to me, I will just make turing Reform Act that we are still election or appointment of any indi- a couple quick points. One is, if the waiting for? Where is that report? vidual for these offices.
VerDate 25-MAY-2000 03:10 May 26, 2000 Jkt 079060 PO 00000 Frm 00033 Fmt 4634 Sfmt 0634 E:\CR\FM\K25MY7.089 pfrm02 PsN: H25PT1 H3848 CONGRESSIONAL RECORD — HOUSE May 25, 2000 These are born and bred to try to as- record, precisely at the time when he Mr. Speaker, I think that what we sassinate candidates, and yet the pub- faces key primaries in New York and are saying today is that both of us, lic does not know who is doing the as- elsewhere. Was it just a coincidence both Democrats and Republicans, agree sassination. We have a bipartisan in- that an issue discussion on his environ- it is a credibility of our taxation sys- terest in a fair fight. We ought to have mental record seemed to take off ex- tem that we repeal this tax. a bipartisan effort. The other side actly when his candidacy was taking I want to say something about this ought to join us in closing this loop- off? No, it was not a coincidence. tax because I think that we hear on the hole. Americans are entitled to know This is an abuse, an abuse of the floor again and again the issue of class where this money is coming from for campaign finance laws. If we do not warfare. I think that this tax is an ex- these back-handed secret assassina- want to be partisan about it, we do not ample of the failed concept of trying to tions. have to. Let us, both sides, agree to tell and promise the American people Mr. MATSUI. Mr. Speaker, I yield 3 disclose any of these 527s, disclose that, do not worry, we are going to tax minutes to the distinguished gen- where the money comes from. the other guy. We are going to get tleman from Massachusetts (Mr. MEE- b 1430 them, but it will not get you. HAN). Now, I come from a working-class The problem is, under the law, they Mr. MEEHAN. Mr. Speaker, I rise to community, and I have heard again and are not being disclosed. This is an speak in favor of the motion to recom- again on this floor that, do not worry, abuse of the system. The time for ac- mit from my friend, the gentleman we are only going to tax the rich, as if tion is now. At a minimum, and this from Texas (Mr. DOGGETT). What we the middle class is so stupid that they motion to recommit by the gentleman are trying to do here is condition tax do not know what goes around comes from Texas (Mr. DOGGETT) is a bare relief that is in this bill for 527 organi- around; that the middle class always minimum, we should deny tax relief to zations on their making simple disclo- bears the brunt and the burden of tax- 527s that do not disclose. It is as simple ation. This tax is an example. In 1898, sure as to where money comes from. as that. Let us deny the tax relief to Now I understand that there are it was focused only to the very those who will not disclose. wealthy; now it has gone around. some people that think we should not Mr. PORTMAN. Mr. Speaker, I yield be doing this in this bill; we should I am asking us, let us stop the par- 21⁄2 minutes to the gentleman from have a campaign finance reform bill to tisan fighting. Quit tying to take polit- California (Mr. BILBRAY). ical advantage. We have a bill that deal with 527s. We did, and we passed (Mr. BILBRAY asked and was given the bill and abuses have continued. both sides agree on. There is no excuse permission to revise and extend his re- except partisan advantage not to re- Let me remind the Members how we marks.) got a vote on campaign finance reform peal this tax at this time. Mr. BILBRAY. Mr. Speaker, on June Mr. MATSUI. Mr. Speaker, may I in- this year and in the last session. We 1, I am going to be having a town hall walked over here, and we signed dis- quire of the Chair how much time each meeting in my district with Senator side has remaining. charge petitions, and we got attention MCCAIN. As my colleagues know, I was The SPEAKER pro tempore (Mr. from all over the country from public one of the few that was willing to sign LATOURETTE). The gentleman from interest groups. That is how we move a discharge petition and was right California (Mr. MATSUI) has 8 minutes campaign finance reform on the floor. there from the beginning in the cre- remaining. The gentleman from Ohio Now what we are attempting to do ation of our campaign finance reform. (Mr. PORTMAN) has 51⁄2 minutes remain- here is look at how the Internal Rev- My support for campaign finance re- ing. enue Code defines a 527. It is an organi- form is based on a lot of reasons. One, Mr. MATSUI. Mr. Speaker, I yield 3 zation that accepts contributions or this issue is near and dear to me. I minutes to the distinguished gen- makes expenditures for the purpose of have been a victim of these very unfair tleman from Kansas (Mr. MOORE). influencing or attempting to influence and hideous attacks that so-called (Mr. MOORE asked and was given the selection, nomination, election or independent groups can do. permission to revise and extend his re- appointment of an individual to any But my support for campaign finance marks.) Federal, State or local public office. reform is to bring back some integrity Mr. MOORE. Mr. Speaker, I thank By definition, these self-527s exist to to the electoral process. But sadly here the gentleman from California (Mr. influence elections, and yet somehow today the issue of bringing back integ- MATSUI) for yielding me this time. opponents of reform insist that these rity to the electoral process is being Mr. Speaker, I rise in support of the ads funneled by these organizations, brought in as a way to stop us or re- bill to repeal the tax. This is truly bi- that mention candidates’ names, that strict us from bringing back integrity partisan and should be bipartisan. But criticize their voting records, that are about this Congress and about this gov- at the same time, I rise in support of aired on the very heels of elections are ernment when it comes to taxation what should again be a bipartisan ef- not subject to disclosure laws. law. fort to support the motion to recom- Now many of us debated campaign fi- Now, I have also been the original co- mitment. 527s would not get the benefit nance reform on the floor of this House sponsor of repealing this quite unfair of the tax repeal unless they disclose and many of the opponents of reform, I law, the law that said, oh, just let us under the language of the recommittal recall the gentleman from California tax a few rich people in 1898 for a little motion. (Mr. DOOLITTLE) articulately coming bit to pay for the Spanish American Mr. Speaker, the gentleman from down to this floor and saying disclo- War and, and do not worry, we will not Texas (Mr. DOGGETT) and I, and the sure is what we need; any ads that are tax the working class, and we will re- gentleman from Texas (Mr. DOGGETT) meant to influence election, we should peal it after the war. is the person who proposed this 527 re- simply have disclosure. Mr. Speaker, my colleagues have got committal language, we are on each What have we seen happen across the a choice tonight. We can play partisan other’s bills, have similar bills. country over the last several months? politics and try to take advantage of Earlier this week, the gentleman We have seen an explosion of these this issue of a bipartisan bill. Demo- from Virginia (Mr. DAVIS) of the NRCC stealth 527s spending literally millions crats and Republicans have come to- signed on my bill. Just yesterday, he of dollars; and we do not know, the gether and said this tax is wrong and it removed his name from the bill. I was public does not know, where the money is immoral and the credibility of Con- overjoyed when he signed on, because I comes from. gress is being called in on this and that thought this at last is an effort, an at- This is not a partisan issue. Just look we need to set an example to the Amer- tempt, to move on a bipartisan basis, at what happened to Senator MCCAIN ican people that, when it comes to the by Republicans and Democrats, on when his campaign started taking off laws of this Congress, that when we say what should be a nonpartisan issue, across the country because people we are going to raise taxes for one pur- and that is full disclosure. wanted reform, because people wanted pose and for that purpose, that when I can understand, I can understand change. What happened? Well, just as the purpose is over, eventually even if truly people having honest differences his campaign took off, these ads popped it is 100 years later, we will come back of opinion about limitations on con- up questioning his environmental and eliminate that tax. tributions. But I have heard from my
VerDate 25-MAY-2000 01:37 May 26, 2000 Jkt 079060 PO 00000 Frm 00034 Fmt 4634 Sfmt 0634 E:\CR\FM\K25MY7.091 pfrm02 PsN: H25PT1 May 25, 2000 CONGRESSIONAL RECORD — HOUSE H3849 colleagues on both sides of the aisle money came from. There ought to be portunities for them to participate, over and over, we may have differences disclosure for the good of the citizenry. such as the Taxpayer Bill of Rights, to about limitations, but everybody Mr. PORTMAN. Mr. Speaker, how give the taxpayers the right to know agrees with full disclosure. much time is remaining on each side? what is happening with this subsidized Well, now we have a chance for full The SPEAKER pro tempore. The gen- activity. disclosure, and now is the time to put tleman from Ohio (Mr. PORTMAN) has But they have reached the conclusion one’s vote where one’s mouth is. It is 51⁄2 minutes remaining. The gentleman that they cannot keep their power in that important to the American peo- from California (Mr. MATSUI) has 41⁄2 this Congress, and their power over the ple, because, frankly, secrecy threatens minutes remaining. American people, if they operate in the democracy. Secrecy in government Mr. PORTMAN. Mr. Speaker, we open. It is essential to them that they threatens our system of government have the ability to close, so the gen- begin—and they have already begun—a and electoral process. We can overcome tleman from California (Mr. MATSUI) program of political character assas- this secrecy by opening up these may proceed, then I will close. sination where the gun for the political records, by full disclosure, and telling Mr. MATSUI. Mr. Speaker, I yield assassination is pointed and the bullets the people in this country who is try- myself 30 seconds. are paid for, but we do not know who ing to influence Federal elections. Mr. Speaker, I would just like to paid for them. At the very bottom line, the people thank the gentleman from Ohio (Mr. That is the whole idea. One can take of this country deserve to know who is PORTMAN) for his bipartisanship on the corporate money, one can take Iraqi trying to influence their votes, so when issue of the Federal excise tax repeal. I money, one can take Cuban money, one they make an informed decision, when certainly appreciate his leadership and can take any brand of money one they make a decision to vote, they can his effort. Of course, the majority and wants and no one will ever find out. make an informed decision and cast an minority have worked very well on the The reason they will not engage us in informed vote. issue of the excise tax repeal, and I ap- debate today is they have nothing to I think it is that vital that we act on preciate that. engage us with. They know they are a nonpartisan basis, and I invite my Mr. Speaker, I yield 31⁄2 minutes to wrong. They are afraid. That is why colleagues on both sides of the aisle the distinguished gentleman from they have previously blocked us from and the gentleman from Virginia (Mr. Texas (Mr. DOGGETT). coming to this floor after telling us we DAVIS) to support this motion to re- Mr. DOGGETT. Mr. Speaker, I thank would have an open opportunity to de- commit for full disclosure. the gentleman from California for bate the issue. They are afraid to de- Mr. MATSUI. Mr. Speaker, I yield 1 yielding me this time. bate the issue of why they have to rely minute to the distinguished gentleman Mr. Speaker, over 200 Members of on secret money. They know it is from Florida (Mr. DAVIS). this House of Representatives have wrong. They absolutely know it is (Mr. DAVIS of Florida asked and was called for full disclosure by the new po- wrong to pollute the political process given permission to revise and extend litical superweapon of this political of America with hidden money. They his remarks.) season, the 527. The 527 is not some new are a big standard barrier for reform. Mr. DAVIS of Florida. Mr. Speaker, I type of aircraft, but it is a super- A great man from Arizona has said just want to highlight what the gen- weapon designed to undermine the this is the latest indication of the cor- tleman from Kansas (Mr. MOORE) was election process in this election year. ruption of the American political sys- referring to by the 527. A lot of times, Today is our only opportunity, not tem. He has joined in a bipartisan ef- when an issue comes before Congress, because we wanted an opportunity like fort with Members in the other body to we need to spend a tremendous amount this today to be the vehicle for doing reform this system. We cannot even get of time collecting information, con- this, but because every other oppor- a fair vote on the floor of this House. ducting a hearing, and then acting. But tunity has been denied. So we must rely on a motion to re- there are those issues that are so com- Our colleagues say that they are sur- commit to deny these 527 organizations pelling and fundamental, we need to prised and that they did not know the opportunity to get the telephone act immediately. This is one of them. about this. Well, they were not sur- tax cut that is being proposed here It is the incredible loophole that is prised when I asked every one of them, today. being exploited. even the gentleman from Texas (Mr. Let me make it clear to my colleague I think a lot of criticism has been di- DELAY) to join as a cosponsor with from California who talks about bipar- rected at Republicans, but I think the over 200 other Members in support of tisanship. This motion to recommit is Democrats could easily succumb to the Underground Campaign Disclosure not going to delay the approval of this this temptation one of these days, too. Act. This legislation would require telephone tax repeal by one second. As So this is a problem that affects every these groups to open their records, dis- soon as this motion to recommit is ap- American. It should not have to be close their donors, and engage in a fair proved, it will join my amendment characterized as a Democrat or Repub- fight like everyone else. with this bill, we will repeal the tax, lican issue. The point is we should have Last year, they stood here on the and, at the same time, we will get a lit- disclosure. floor of this Congress after they tried tle equity for the people of America I have sat in meetings where groups for months to block the efforts of the and a little openness in our democracy. that attempt to influence this process, gentleman from Massachusetts (Mr. The SPEAKER pro tempore. The gen- which is their constitutional right to MEEHAN) and the gentleman from Con- tleman from California (Mr. MATSUI) do so, said, do not tell us to put our necticut (Mr. SHAYS). They stood here, still has 30 seconds remaining. name on a political ad we want to ad- and they fought those efforts by saying Mr. MATSUI. Mr. Speaker, I yield vertise because we will not run the that it is unconstitutional. They said back the balance of my time. kind of ads we want to run if our name the only thing that would be constitu- Mr. PORTMAN. Mr. Speaker, I yield has to be put on them. tional was disclosure. Now, I read from myself such time as I may consume. That is exactly the point. If one is the chairman of the Republican Cam- Mr. Speaker, I would like to start by not willing to stand up and associate paign Committee in this morning’s returning the compliment to the gen- oneself publicly with a message one is newspaper he thinks disclosure is un- tleman from California (Mr. MATSUI). sending to the citizens of this country, constitutional. It has been a pleasure to work with one does not deserve the right to put What they think is that anything him. I also want to commend him for information out there. Because it is that would be a genuine reform of the his efforts yesterday, not so much the clear one is trying to distort and mis- corrupt campaign finance system that victory of normalizing trade relations lead. we have today in America is unconsti- with China, the world’s most populous So what we are offering in our mo- tutional or any other excuse that they country, but rather the way in which tion to recommit is a very simple prop- can come up with. he went about it. It was a bipartisan osition. If one is going to engage in We have pled with our Republican vote. I think it was a good and in- this type of political advertising, there colleagues to join with us in a bipar- formed debate, profound debate on the ought to be disclosure of where the tisan effort. We have offered other op- floor of this House yesterday.
VerDate 25-MAY-2000 03:10 May 26, 2000 Jkt 079060 PO 00000 Frm 00035 Fmt 4634 Sfmt 0634 E:\CR\FM\K25MY7.096 pfrm02 PsN: H25PT1 H3850 CONGRESSIONAL RECORD — HOUSE May 25, 2000 I have got to say today’s debate has I believe in disclosure, as do my col- them to pay a tax that was implemented to been disappointing, because it has not leagues. We also believe in doing it the fund a war that has been over for at least a been about the topic at hand, which is right way, and not a telephone tax bill; century. tax policy, which is specifically this not with regard to one narrow piece of H.R. 3916 will eventually eliminate the 3- Congress finally, after 102 years, com- legislation; not without the proper in- percent Federal excise tax on telecommuni- ing to grips with the telephone excise formation, as I said earlier from the cations services. A 1-percent reduction will tax that was put in place as a tem- Treasury Department of the Clinton occur each year for the next 3 years, allowing porary luxury tax to fund the Spanish administration, which is way overdue the telephone excise tax to be fully repealed American War that has continued to on its report to us on this very topic. by October 1, 2002. burden our consumers, and today is ac- Let us do this in a smart way. Let us H.R. 3916 repeals an antiquated tax that tually a burden and a barrier to tele- do it in a way that is comprehensive, hurts many American families and small busi- communications, which is the point of so that whether we are called a 527 or nesses. This unsubstantiated telephone excise the debate today. a 501(c)4 or 5, or whatever number is at- tax clearly violates our economic principles. I want to tell my colleague that I tached to a candidate, they are treated When it was implemented in 1898, it was con- was informed by the staff some time the same way, with the same principle, sidered a luxury tax. I guess access to a tele- ago during this debate that the parlia- which is that that candidate should phone in 1898 was considered a luxury. mentarians had informed them that I have to disclose the sources of their do- Today, access to a telephone is a necessity. could raise a point of order to say that nations. I applaud my colleague from The repeal will encourage growth in tele- the speakers on this debate would have Massachusetts because he has done communication services and will give all Amer- to keep their comments within the sub- that in a comprehensive way in his icans a tax break on their phone bill. This ex- ject matter, which is the telephone tax, campaign reform proposal. cise tax does absolutely nothing to promote and not campaign finance reform. I But today is a cynical partisan at- the use of phone service. It merely goes into chose not to do that, because I did not tempt. Again, it is disappointing to me, the government's general revenue account to want to close down debate unneces- because I thought in this case we had be spent on anything the government desires. sarily. We did try on our side. something we could come together There is absolutely no economic or social jus- We beseeched our colleagues on this with as Republicans and Democrats tification for this outdated tax. side to try to keep it on the issue, be- and do for our constituents in a posi- When I was elected to represent the second cause this is a great issue in the sense tive way. At the end of the day, we district of Nebraska, I maintained two prior- that Republicans and Democrats came will. We will. We will be able, I think ities: one, was to fight any and all attempts by together to try to solve a very real today, by sending such a strong mes- the Federal Government to take more money problem to move our country forward, sage from this House on a bipartisan away from Nebraskans; and two, let Nebras- in this case, to repeal an outdated tele- basis to move forward a repeal of a tax kans keep more of their hard-earned dollars in phone tax that is a burden on our econ- that probably should have been re- their paychecks. Nearly 40 percent of the av- omy and it particularly burdens low-in- pealed 101 years ago, a tax on erage American family's income goes toward come families. everybody’s telephone use. taxes. We need to give Americans a tax b 1445 I would just make one final com- break. Now is the time to eliminate the tele- phone excise tax. I urge my colleagues to We hear a lot from the other side of ment, and that is that when we talk about civility in this Chamber, when support this bill. the aisle about how various Republican Mr. GILMAN. Mr. President, I rise to take we talk about how to work in a bipar- tax proposals are not properly distrib- this opportunity to thank the gentleman from tisan way, when we talk about how we uted across the economy so that they Ohio, Mr. PORTMAN, and the chairman of the can move legislation forward that all really impact the poorest among us. Ways and Means Committee, Mr. ARCHER, for of our constituents care about, I think Ninety-four percent of America’s fami- bringing H.R. 3916, the Telephone Excise Tax it is important we begin to cultivate lies have telephones. So we are talking Repeal Act, to the floor today. about getting rid of a tax every one of certain kinds of approaches and certain On February 16, 1898, the Federal Govern- those families pay every month on kinds of Members and a certain ap- ment enacted a temporary excise tax on tele- their phone bill. It is a dispropor- proach to issues. And I would ask my phone service to fund the Spanish American tionate burden on the budgets of the colleagues on the other side of the War. Although the war lasted just under 6 lowest-income families in our country. aisle, and on both sides of the aisle, to months, the Federal excise tax created to fund It is a disproportionate burden on our look into their hearts and say is this it, is still in effect over 100 years later, forcing seniors in this country who rely on the way we want to proceed? Is this consumers to continue to pay this tax on all telephones. It really is a lifeline for what is going to encourage civility and their telephone services. their everyday communication with encourage moving us ahead as a coun- The Federal excise tax on phone service the outside world. try in this Congress? Even in an elec- has long outlived its purpose and relevance. It As the gentleman from California tion year, colleagues, we should be able is a regressive tax that is inappropriate in to- (Mr. MATSUI) has pointed out a number to get together and do the right thing day's world where the telephone is not a lux- of times, this is also a tax that, frank- for other constituents. ury but a practical necessity. The Federal ex- ly, is very difficult to impose now be- I think we will do that today. I cise tax is a tax that discourages communica- cause of new technology, because of the strongly encourage my colleagues on tions in a world that is becoming more and difficulty of deciding what in fact is both sides of the aisle to join us in fi- more dependent upon technology and commu- appropriate to have the telephone tax nally repealing this tax, joining the nications. It disproportionately hurts the indi- attached to in the new world of modern telecommunications revolution of this gent, particularly those households on either telecommunications. century and repealing a tax from the fixed or limited incomes, and rural customers, So I am sorry we did not have a bet- end of the 19th century. because they have higher phone bills on aver- ter debate today on the issue before us. Mr. TERRY. Mr. Speaker, I rise today in age, due to comparatively more long distance With regard to the comments of my support of H.R. 3916, ``The Telephone Excise calling. The Federal excise tax is essentially a colleague from Texas on the Com- Repeal Act''. I am proud to be an original co- tax that discourages communications. mittee on Ways and Means, I am sorry sponsor of this overdue piece of legislation. H.R. 3916, the Telephone Excise Tax Re- he had to put a partisan spin on the de- The Spanish-American War is over and so peal Act, would eliminate the 3-percent Fed- bate before us. I disagree with what he should this tax which was imposed on talking eral excise tax on telecommunications serv- said. I do not think we can draw a line to fund the 1898 war. This tax is a ``tax on ices phasing in a complete repeal of the tax through this Chamber through the talking.'' It has been extended, lowered, in- over the next 3 years. A 1-percent reduction middle and say, gee, all Republicans creased and temporarily repealed but yet it will occur each year for the next 3 years, al- are against this, all Democrats are for continues to exist today. This 102-year-old tax lowing the tax to be fully repealed by October that. I do not think we can castigate affects telephone service, cellular phone serv- 1, 2002. Republicans for being against reform. ice and access to the Internet. The removal of the Federal excise tax on We are for reform. I myself put in a Americans work very hard in this country. It consumers phone bills will immediately lower campaign finance reform bill every ses- is unfair to impose an additional burden on consumer phone bills, saving American con- sion I have been here. these hard working Americans by requiring sumers over $5 billion a year. Accordingly, I
VerDate 25-MAY-2000 03:09 May 26, 2000 Jkt 079060 PO 00000 Frm 00036 Fmt 4634 Sfmt 9920 E:\CR\FM\K25MY7.099 pfrm02 PsN: H25PT1 May 25, 2000 CONGRESSIONAL RECORD — HOUSE H3851 urge our colleagues to join us in repealing this Mr. PORTMAN. Mr. Speaker, I yield This being our only opportunity, I antiquated ``tax on talking,'' by supporting H.R. back the balance of my time. commend the gentleman from Austin 3916, the Telephone Excise Tax Repeal Act. The SPEAKER pro tempore (Mr. for coming up with a very innovative Mr. HORN. Mr. Speaker, I commend my LATOURETTE). All time for debate has amendment today. This will give us a colleagues, Mr. PORTMAN and Mr. MATSUI, and expired. clear up or down vote on whether we support H.R. 3916, the Phone Tax Repeal Act. Pursuant to House Resolution 511, are for it or whether we are against it. In 1898, Congress approved a ``temporary'' the previous question is ordered on the Mr. DOGGETT. Mr. Speaker, I yield 1 tax of one cent on long distance phone calls, bill, as amended. minute to the gentleman from Massa- as a way of funding the Spanish-American The question is on engrossment and chusetts (Mr. MEEHAN), who has led War. When this tax was implemented, there third reading of the bill. this House in the effort to get cam- were only about 1,300 phones in America. The bill was ordered to be engrossed paign finance reform through a number Today, more than 94 percent of American and read a third time, and was read the of sessions, and who I am pleased to households have at least one phone, not to third time. have support this motion to recommit. mention multiple phone lines or celluar MOTION TO RECOMMIT Mr. MEEHAN. Mr. Speaker, I thank phones. Mr. DOGGETT. Mr. Speaker, I offer a the gentleman from Texas (Mr. The Spanish-American War ended that motion to recommit. DOGGETT) not only for his motion to re- same year, but the ``temporary'' tax still exists. The SPEAKER pro tempore. Is the commit, but his commitment to this Currently, anyone who makes a phone call or gentleman opposed to the bill? issue, as well as the gentleman from uses a phone line to dial up to the Internet Mr. DOGGETT. I am, Mr. Speaker, in Kansas (Mr. MOORE), who has done pays a 3-percent Federal excise tax on that its current form. great work on this. call. Low-income families, senior citizens, and The SPEAKER pro tempore. The What we are trying to do here is to anyone else on a fixed income are especially Clerk will report the motion to recom- get Members from both sides of the burdened by this tax. They should not have to mit. aisle to come together and at least say spend their hard-earned money on a useless The Clerk read as follows: we are not going to give this tax break and outdated tax. Mr. DOGGETT moves to recommit the bill to those 527s. Telephones, and other telecommunication H.R. 3916 to the Committee on Ways and Now, I do not know why anyone technologies, have become a necessity in to- Means with instructions to report the same would be confused or puzzled or non- day's world. They are no longer a luxury en- back to the House forthwith with the fol- plussed as to why we would use any op- joyed only by a privileged few. To tax neces- lowing amendment: portunity in the rules to bring this to sities such as these, especially when we have Page 6, after line 11 (at the end of section the attention of the Members. We can- 1(d)), add the following new paragraph: a surplus, is unfair, repressive, and senseless. (3) The provisions of this Act shall not not get a vote up or down on this. This This legislation would have a real and bene- apply to bills rendered to an organization de- is an abuse of the campaign finance law ficial effect. Families would see an immediate scribed in section 527 of the Internal Revenue that we are seeing every day abused. reduction in their phone bill once the tax is re- Code of 1986 unless that organization elects This is our opportunity to do some- pealed, giving them more money to spend as to make the disclosures within the reporting thing about it. they, and not the Federal Government, see fit. requirements in the Internal Revenue Code It is not good enough for Members to I urge my colleagues to support this legisla- contemplated by the bill H.R. 4168 of the say we are all for disclosure. Talking tion. Americans have put up with this outdated 106th Congress. the talk is not good enough. Walking tax for too long. It is time to permanently re- The SPEAKER pro tempore. Pursu- the walk is what is required. In this in- peal this not-so-temporary tax. ant to the rule, the gentleman from stance, there are 527s that will not dis- Mr. WELDON of Florida. Mr. Speaker, Texas (Mr. DOGGETT) is recognized for 5 close where the money comes from, and today, I rise in strong support of repealing the minutes in support of his motion. it is our responsibility to make sure grossly outdated Spanish-American War Mr. DOGGETT. Mr. Speaker, I yield 1 that they do, and that is why we need phone tax. The 3-percent Federal excise tax minute to my distinguished colleague, to pass this law and pass it now. on phone calls that was created in 1898 to the gentleman from Texas (Mr. STEN- Mr. DOGGETT. Mr. Speaker, how pay for the Spanish-American War. At that HOLM), who has been a part of the effort much time is remaining? time, it was called a ``temporary'' tax. to get a discharge petition so that we The SPEAKER pro tempore. The gen- Parents have to pay the tax every time their can take up, through regular order but tleman from Texas (Mr. DOGGETT) has 3 child calls home collect from college; grand- has thus far been blocked, this whole minutes remaining. parents pay it when they call their grand- issue of the 527 stealth PACs. Mr. DOGGETT. Mr. Speaker, I yield children; and sons and daughters pay it every Mr. STENHOLM. Mr. Speaker, I 30 seconds to the gentleman from time they call their mom on Mother's Day. thank the gentleman for yielding me Maine (Mr. ALLEN), who has been al- This ``tax on talking,'' is a regressive tax, this time, and as I have been listening ready a victim of these 527 stealth PAC that unfairly adds to the tax burden of hard- to the debate, I have found it inter- attacks. working Americans. esting that people would be talking Mr. ALLEN. Mr. Speaker, I thank It also demonstrates how hard it is for the about why are we mucking up this bill the gentleman for yielding me this government to end a tax. Even though the with this nonrelated issue. There is a time. Spanish-American War has been over for a pretty simple answer to that question. The gentleman from Ohio was saying century, and I have been assured that the If we only allowed the regular legis- earlier this is a partisan effort. Well, Spanish threat has ended, the Federal Gov- lative process to work, we would not there is no reason why this should be a ernment has continued to collect this tax. have to do this. But remember, when partisan effort. It is our democracy President Ronald Reagan said, ``Govern- we had the Shays-Meehan bill on the that is at stake. Republicans and ment does not tax to get the money it needs; floor, opponent after opponent after op- Democrats have a stake in restoring government always finds a need for the ponent of the bill came forward and some credibility to this system, and we money it gets.'' said, all we really need to do is to have cannot have that credibility, we will It has taken a Republican Congress to find disclosure. That is what this is all not gain that respect unless we have the courage to curb the growth of spending, about. full disclosures for these stealth orga- balance the budget, and to continue to reduce I would hope that the majority would nizations, these section 527 organiza- the tax-bite on hard working American fami- finally agree to allow a simple disclo- tions, that are out there raising unlim- lies. The Republican House is poised to repeal sure bill, the bill of the gentleman ited amounts of money with no ac- this unfair, regressive tax, but the latest re- from Kansas (Mr. MOORE). All we are countability, no disclosure. ports from the Clinton-Gore administration in- trying to say is, the 527s should not If it is a fundamental principle on the dicate that they want to continue to make promote secrecy. Money is going to be other side that they want disclosure, Americans pay it. spent in politics. What we are saying is this motion to recommit will give it. Reagan was right, ``government always it should not be spent in secrecy. We Mr. DOGGETT. Mr. Speaker, I yield 1 finds a need for the money it gets.'' ought to shine the good sunshine and minute to the gentleman from Kansas Vote ``yes'' on this bill. The Spanish-Amer- let the people know who is spending (Mr. MOORE), who is a large man in ican War is over. how much money in political races. stature but gentle in personality; and I
VerDate 25-MAY-2000 01:37 May 26, 2000 Jkt 079060 PO 00000 Frm 00037 Fmt 4634 Sfmt 0634 E:\CR\FM\A25MY7.023 pfrm02 PsN: H25PT1 H3852 CONGRESSIONAL RECORD — HOUSE May 25, 2000 am convinced that contrary to today’s and say, we will duck, dodge, twist, and do not have it. We are waiting for it. Roll Call, he did not jump anyone on turn, but just do not make us do any- We do not have it. My friend accuses us the floor, the gentleman from Virginia thing about it this year. Wait until we of stalling, and I wonder whether this (Mr. DAVIS), or anyone else concerning have left the House. Then, maybe 100 is not the pyromaniac posing as the this bill. years from now, like this tax we are re- firefighter. Mr. MOORE. Mr. Speaker, I just want pealing, we will get around to doing Today we are considering repeal of to say today that this is not a Demo- something about it. the telephone tax, which was enacted cratic idea, this is not a Republican The American people demand reform even before I was born, which is a long idea, this is an idea that is good for the now and this is our one opportunity. I time ago. That proposal has broad bi- American people, and this should be challenge my Republican colleagues to partisan support and has been fully the law in our country, and that is full buck their leadership. They know we considered. The same cannot be said, I disclosure. are right; that is why they have not am afraid, of the proposal of the gen- As the gentleman from Massachu- been out here speaking against it. They tleman from Texas (Mr. DOGGETT). setts (Mr. MEEHAN) pointed out, we are know the American people deserve full Today I have got to say in my heart, not here to try to abuse anybody; we disclosure for a complete democracy. he talks about his heart, I will talk are just asking for an opportunity for Mr. Speaker, I move adoption of the about my heart, is not the time and an up or down vote on this proposition motion. not the place for this debate. I wish to of full disclosure. The SPEAKER pro tempore. Does the assure my colleagues on the other side The people in this country are cyn- gentleman from New York (Mr. HOUGH- and on this side that there will be an ical about our form of government, TON) oppose the motion to recommit? opportunity for full consideration of about our electoral laws, because they Mr. HOUGHTON. Yes, Mr. Speaker. I the important issues raised by my col- see scandal after scandal about cam- rise in opposition to the motion to re- league from Texas. We are getting at paign finance fund raising. We can get commit. it. We are trying to do it. We are trying people enthused about our government The SPEAKER pro tempore. The gen- to get that report out of the Treasury. again, we can get people excited about tleman from New York (Mr. HOUGHTON) And as soon as it comes, maybe even the opportunity to participate in our is recognized for 5 minutes. before it comes, we are going to have a democracy if we will only go with this Mr. HOUGHTON. Mr. Speaker, I yield suggestion here. proposition of full disclosure and tell myself such time as I may consume. Mr. Speaker, I yield to my friend, the the people in this country who is try- Mr. Speaker, I would like to crank gentleman from Ohio (Mr. PORTMAN). ing to influence their votes so, again, this thing down to a little lower level Mr. PORTMAN. Mr. Speaker, I thank they can make an informed decision of intensity. I do not know why we are the gentleman from New York (Mr. when they cast their ballot. having this discussion, anyway. We all HOUGHTON), the chairman of the Sub- Mr. DOGGETT. Mr. Speaker, I yield want illumination. We do not want to committee on Oversight, for yielding myself the balance of my time. have people hiding behind 527s or me the time; and I appreciate his words Mr. Speaker, this motion to recom- 501(c)3s, or 4s or 5s or 6s. No one wants as to his commitment to doing a thor- mit is not only linked to this telephone that. It is just the process we are going ough investigation of the issue of dis- tax; it is linked to everything that is through. And we want to do it right, so closure, not just 527s but all of the tax- happening in this building and it is right by not only us but also the related committees, including the 501s. throughout this country. American people. I do have a copy of the motion to re- The gentleman challenged me to look Two years ago in the IRS reform bill commit now. I appreciate, with all the into my heart, and I will do that. I we directed the Joint Committee on talk about disclosure, that it was dis- look into my heart, and I think of the Taxation and also the Treasury De- closed to us several minutes ago. I have seniors who are out there who are partment to report to the Congress by looked at it. I would just make two forced to choose between getting a pre- January. The joint committee report very simple points. scription and buying food. I see a phar- was completed on time, the treasury One is, it has nothing to do with the maceutical company that can dump report was not. At the request of my bill before us, which is repeal of a 102- unlimited amounts—millions of dol- boss, the gentleman from Texas (Mr. year-old telephone excise tax. That is lars—into attack ads, as they have ARCHER), I have been working for sev- what is before this Congress. done against the gentleman from eral weeks to develop a meaningful, Again, I want to applaud my friends Maine (Mr. ALLEN) and other Members sound and responsive package of pro- on the other side of the aisle for work- of this body. posals to expand the disclosure by tax ing with us together in a bipartisan I look into my heart, and I see the exempt organizations, and work on fashion to finally put an end to this problems of public health; and yet I that package is well underway. Spanish-American War tax as we go into the 21st century and which is a know the tobacco companies are dump- b ing millions of dollars of undisclosed 1500 barrier to telecommunications and an money to assassinate the character of I hope we will complete it relatively unfair tax that should have been re- those who would do something about soon. We have been working all day on pealed a long time ago. It was put in as it. this thing. We worked yesterday. We a temporary tax and a temporary lux- I look into my heart, and I think will be working tomorrow on into next ury tax at that. Finally we are getting about those who are getting managed week. I would like to feel that when rid of it. right out of their health care and can- this is completed it will satisfy many Second, I will say, having looked at not get the health care they need, and of the things which the gentleman this, it is a very interesting motion to I know the managed care companies from Texas (Mr. DOGGETT) is interested recommit. It, basically, says that 527 are dumping millions of dollars into in. corporations could continue not to dis- these campaigns to be sure this Con- But the point is we are still hearing, close anything so long as they agree to gress does nothing about that or any of and we are waiting to hear from the continue paying a 3 percent Federal ex- the other issues I have mentioned. Treasury Department. Earlier today, cise tax. So it is a clever way to attach And perhaps even more importantly, the Treasury passed on the opportunity it to the legislation at hand in order to I think of the schoolchildren of this to tell the Committee on Ways and avoid, I suppose, the germaneness prob- country. They cannot even get their Means when we are going to hear from lems that the parliamentarian would agenda up in the Congress because they them. It is really unfortunate that the otherwise raise or we would raise and do not have a 527. That is what I see gentleman from Texas (Mr. DOGGETT) he would confirm. But it is not a very when I look into my heart. continues to insist on consideration of strong enforcement mechanism. Mr. Speaker, I would just say this: I the limited aspect of political activi- I would say, if the gentleman is seri- am tired of people coming to this Con- ties by tax exempt without insisting on ous about it, he ought to go back to the gress and being hammered into giving guidance of from the administration. drawing board, work with the gen- money to secret stealth organizations Let me be clear. The administra- tleman from New York (Mr. HOUGH- and then having their cohorts come out tion’s report was mandated by law. We TON), work with others who want to put
VerDate 25-MAY-2000 01:37 May 26, 2000 Jkt 079060 PO 00000 Frm 00038 Fmt 4634 Sfmt 0634 E:\CR\FM\K25MY7.103 pfrm02 PsN: H25PT1 May 25, 2000 CONGRESSIONAL RECORD — HOUSE H3853 this together in a strong bipartisan Mascara Pascrell Smith (WA) Upton Watts (OK) Wilson Matsui Pastor Snyder Vitter Weldon (FL) Wolf way to come up with legislation that McCarthy (MO) Payne Spratt Walden Weldon (PA) Young (AK) makes sense in a comprehensive way to McCarthy (NY) Pelosi Stabenow Walsh Weller Young (FL) deal with this real problem in a real McDermott Peterson (MN) Stark Wamp Whitfield comprehensive way. McGovern Phelps Stenholm Watkins Wicker McIntyre Pickett Strickland So I would urge my colleagues on McKinney Pomeroy Stupak NOT VOTING—13 both sides of the aisle, if they want to McNulty Price (NC) Tanner Bateman McInnis Scarborough get something done for the American Meehan Rahall Tauscher Clay Meek (FL) Spence people, vote for the repeal of the tele- Meeks (NY) Rangel Taylor (MS) Coburn Minge Weiner Menendez Reyes Thompson (CA) Davis (FL) Mollohan phone tax. If they want to do it in a Millender- Rivers Thompson (MS) Kennedy Ros-Lehtinen clean way that sends a strong message McDonald Rodriguez Thurman that does not involve partisan political Miller, George Roemer Tierney b 1522 Mink Rothman Towns politics with what should be a very Moakley Roybal-Allard Turner Messrs. METCALF, EVERETT, straight forward and a very important Moore Rush Udall (CO) TANCREDO, LAZIO and SIMPSON Moran (VA) Sabo Udall (NM) constructive step by this Congress, changed their vote from ‘‘yea’’ to vote ‘‘no’’ on the motion to recommit. Morella Sanchez Velazquez Murtha Sanders Vento ‘‘nay.’’ The SPEAKER pro tempore (Mr. Nadler Sandlin Visclosky Mr. HORN changed his vote from Waters LATOURETTE). Without objection, the Napolitano Sawyer ‘‘nay’’ to ‘‘yea.’’ previous question is ordered on the mo- Neal Schakowsky Watt (NC) Nethercutt Scott Waxman So the motion to recommit was re- tion to recommit. Oberstar Serrano Wexler jected. There was no objection. Obey Sherman Weygand The result of the vote was announced The SPEAKER pro tempore. The Olver Shows Wise Ortiz Sisisky Woolsey as above recorded. question is on the motion to recommit. Owens Skelton Wu The SPEAKER pro tempore (Mr. The question was taken; and the Pallone Slaughter Wynn SHIMKUS). The question is on the pas- Speaker pro tempore announced that NAYS—214 sage of the bill. the noes appeared to have it. The question was taken; and the Mr. DOGGETT. Mr. Speaker, I object Aderholt Gallegly Miller, Gary Archer Gekas Moran (KS) Speaker pro tempore announced that to the vote on the ground that a Armey Gibbons Myrick the ayes appeared to have it. quorum is not present and make the Bachus Gilchrest Ney RECORDED VOTE point of order that a quorum is not Baker Gillmor Northup Ballenger Gilman Norwood Mr. ARCHER. Mr. Speaker, I demand present. Barr Goode Nussle a recorded vote. The SPEAKER pro tempore. Evi- Barrett (NE) Goodlatte Ose A recorded vote was ordered. dently a quorum is not present. Bartlett Goodling Oxley Barton Goss Packard The SPEAKER pro tempore. This is a The Sergeant at Arms will notify ab- Bass Graham Paul 5-minute vote. sent Members. Bereuter Granger Pease The vote was taken by electronic de- The SPEAKER pro tempore. Pursu- Biggert Green (WI) Peterson (PA) vice, and there were—ayes 420, noes 2, ant to clause 9 of rule XX, the Chair Bilirakis Greenwood Petri Bliley Gutknecht Pickering not voting 13, as follows: will reduce to a minimum of 5 minutes Blunt Hall (TX) Pitts [Roll No. 233] Boehlert Hansen Pombo the period of time within which a vote AYES—420 by electronic device, if ordered, will be Boehner Hastert Porter Bonilla Hastings (WA) Portman Abercrombie Bryant Deutsch taken on the question of passage. Bono Hayes Pryce (OH) Ackerman Burr Diaz-Balart The vote was taken by electronic de- Brady (TX) Hayworth Quinn Aderholt Burton Dickey vice, and there were—yeas 208, nays Bryant Hefley Radanovich Allen Buyer Dicks Burr Herger Ramstad Andrews Callahan Dingell 214, not voting 13, as follows: Burton Hill (MT) Regula Archer Calvert Dixon [Roll No. 232] Buyer Hilleary Reynolds Armey Camp Doggett Callahan Hobson Riley Baca Campbell Dooley YEAS—208 Calvert Hoekstra Rogan Bachus Canady Doolittle Abercrombie Crowley Hinojosa Camp Hostettler Rogers Baird Cannon Doyle Ackerman Cummings Hoeffel Campbell Houghton Rohrabacher Baker Capps Dreier Allen Danner Holden Canady Hulshof Roukema Baldacci Capuano Duncan Andrews Davis (IL) Holt Cannon Hunter Royce Baldwin Cardin Dunn Baca DeFazio Hooley Castle Hutchinson Ryan (WI) Ballenger Carson Edwards Baird DeGette Horn Chabot Hyde Ryun (KS) Barcia Castle Ehlers Baldacci Delahunt Hoyer Chambliss Isakson Salmon Barr Chabot Ehrlich Baldwin DeLauro Inslee Chenoweth-Hage Istook Sanford Barrett (NE) Chambliss Emerson Barcia Deutsch Jackson (IL) Coble Jenkins Saxton Barrett (WI) Chenoweth-Hage Engel Barrett (WI) Dicks Jackson-Lee Collins Johnson (CT) Schaffer Bartlett Clayton English Becerra Dingell (TX) Combest Johnson, Sam Sensenbrenner Barton Clement Eshoo Bentsen Dixon Jefferson Cook Jones (NC) Sessions Bass Clyburn Etheridge Berkley Doggett John Cooksey Kasich Shadegg Becerra Coble Evans Berman Dooley Johnson, E. B. Cox Kelly Shaw Bentsen Collins Everett Berry Doyle Jones (OH) Crane King (NY) Shays Bereuter Combest Ewing Bilbray Edwards Kanjorski Cubin Kingston Sherwood Berkley Condit Farr Bishop Engel Kaptur Cunningham Knollenberg Shimkus Berman Conyers Fattah Blagojevich Eshoo Kildee Davis (VA) Kolbe Shuster Berry Cook Filner Blumenauer Etheridge Kilpatrick Deal Kuykendall Simpson Biggert Cooksey Fletcher Bonior Evans Kind (WI) DeLay LaHood Skeen Bilbray Costello Foley Borski Farr Kleczka DeMint Largent Smith (MI) Bilirakis Cox Forbes Boswell Fattah Klink Diaz-Balart Latham Smith (NJ) Bishop Coyne Ford Boucher Filner Kucinich Dickey LaTourette Smith (TX) Blagojevich Cramer Fossella Boyd Forbes LaFalce Doolittle Lazio Souder Bliley Crane Fowler Brady (PA) Ford Lampson Dreier Lewis (CA) Stearns Blumenauer Crowley Frank (MA) Brown (FL) Frank (MA) Lantos Duncan Lewis (KY) Stump Blunt Cubin Franks (NJ) Brown (OH) Frost Larson Dunn Linder Sununu Boehlert Cummings Frelinghuysen Capps Ganske Leach Ehlers LoBiondo Sweeney Boehner Cunningham Frost Capuano Gejdenson Lee Ehrlich Lucas (OK) Talent Bonilla Danner Gallegly Cardin Gephardt Levin Emerson Manzullo Tancredo Bonior Davis (FL) Ganske Carson Gonzalez Lewis (GA) English Martinez Tauzin Bono Davis (IL) Gejdenson Clayton Gordon Lipinski Everett McCollum Taylor (NC) Borski Davis (VA) Gekas Clement Green (TX) Lofgren Ewing McCrery Terry Boswell Deal Gephardt Clyburn Gutierrez Lowey Fletcher McHugh Thomas Boucher DeFazio Gibbons Condit Hall (OH) Lucas (KY) Foley McIntosh Thornberry Boyd DeGette Gilchrest Conyers Hastings (FL) Luther Fossella McKeon Thune Brady (PA) Delahunt Gillmor Costello Hill (IN) Maloney (CT) Fowler Metcalf Tiahrt Brady (TX) DeLauro Gilman Coyne Hilliard Maloney (NY) Franks (NJ) Mica Toomey Brown (FL) DeLay Gonzalez Cramer Hinchey Markey Frelinghuysen Miller (FL) Traficant Brown (OH) DeMint Goode
VerDate 25-MAY-2000 01:37 May 26, 2000 Jkt 079060 PO 00000 Frm 00039 Fmt 4634 Sfmt 0634 E:\CR\FM\K25MY7.106 pfrm02 PsN: H25PT1 H3854 CONGRESSIONAL RECORD — HOUSE May 25, 2000 Goodlatte Maloney (CT) Ryun (KS) NOT VOTING—13 The SPEAKER pro tempore. Is there Goodling Maloney (NY) Sabo Bateman Meek (FL) Spence objection to the request of the gen- Gordon Manzullo Salmon Clay Minge Vento Goss Markey Sanchez tleman from Texas? Coburn Ortiz Weiner Sanders Graham Martinez Kennedy Ros-Lehtinen There was no objection. Sandlin Granger Mascara McInnis Scarborough f Green (TX) Matsui Sanford Green (WI) McCarthy (MO) Sawyer b 1534 APPOINTMENT OF HON. FRANK R. Greenwood McCarthy (NY) Saxton Schaffer So the bill was passed. WOLF TO ACT AS SPEAKER PRO Gutierrez McCollum TEMPORE TO SIGN ENROLLED Gutknecht McCrery Schakowsky The result of the vote was announced Scott Hall (OH) McDermott BILLS AND JOINT RESOLUTIONS Sensenbrenner as above recorded. Hall (TX) McGovern THROUGH JUNE 6, 2000. Serrano A motion to reconsider was laid on Hansen McHugh Sessions Hastert McIntosh the table. The SPEAKER pro tempore laid be- Shadegg Stated for: fore the House the following commu- Hastings (FL) McIntyre Shaw Hastings (WA) McKeon Shays Mr. MCINNIS. Mr. Speaker, due to family nication from the Speaker: Hayes McKinney Sherman commitments in Colorado, I was unable to WASHINGTON, DC, Hayworth McNulty Sherwood vote on final passage of the following bill, H.R. May 25, 2000. Hefley Meehan Shimkus I hereby appoint the Honorable FRANK R. Herger Meeks (NY) Shows 3916. Had I been able to vote, I would have WOLF to act as Speaker pro tempore to sign Hill (IN) Menendez Shuster voted ``aye.'' Hill (MT) Metcalf Simpson Ms. ROS-LEHTINEN. Mr. Speaker, on roll- enrolled bills and joint resolutions through Hilleary Mica Sisisky June 6, 2000. Hilliard Millender- Skeen call No. 233, I was unavoidably detained. If J. DENNIS HASTERT, Hinchey McDonald Skelton present, I would have voted ``aye'' on rollcall Speaker of the House of Representatives. Hinojosa Miller (FL) Slaughter No. 233. The SPEAKER pro tempore. Without Hobson Miller, Gary Smith (MI) f objection, the appointment is agreed Hoeffel Miller, George Smith (NJ) Hoekstra Mink Smith (TX) PERSONAL EXPLANATION to. Holden Moakley Smith (WA) There was no objection. Holt Mollohan Snyder Mr. KENNEDY of Rhode Island. Mr. Speak- f Hooley Moore Souder er, on May 25, 2000, I was accompanying Spratt Horn Moran (KS) President Clinton to a funeral in the First Dis- HUMAN GENOME PROJECT Hostettler Moran (VA) Stabenow Stearns Houghton Morella trict of Rhode Island and consequently I (Mr. CALVERT asked and was given Stenholm Hoyer Myrick missed five votes. permission to address the House for 1 Strickland Hulshof Nadler Stump Had I been here I would have voted: ``No'' minute and to revise and extend his re- Hunter Napolitano Stupak on Ordering the Previous Question, H. Res. marks.) Hutchinson Neal Sununu Hyde Nethercutt 511; ``yes'' on Agreeing to the Resolution, H. Mr. CALVERT. Mr. Speaker, as I rise Sweeney Res. 511; ``yes'' on Agreeing to the Resolu- today, we are perhaps days away from Inslee Ney Talent Isakson Northup Tancredo tion, H. Res. 331; ``yes'' on Motion to Recom- an announcement of the completion of Istook Norwood Tanner mit, H.R. 3916; and ``yes'' on Final Passage, a draft map of the entire human ge- Nussle Jackson (IL) Tauscher H.R. 3916. nome. This is a major milestone in bio- Jackson-Lee Oberstar Tauzin (TX) Obey Taylor (MS) f logical science, an achievement that Jefferson Olver some have likened to the Moon landing Taylor (NC) PERSONAL EXPLANATION Jenkins Ose Terry and the invention of movable type. John Owens Thomas Mr. MINGE. Mr. Speaker, due to illness, I My subcommittee has held two hear- Johnson (CT) Oxley Thompson (CA) Johnson, E.B. Packard Thompson (MS) was unable to be in the House Chamber for ings on the status of the human ge- Johnson, Sam Pallone Thornberry today's debate on H.R. 2559. Had I been here nome project involving both the public Jones (NC) Pascrell Thune I would have spoken and voted in support of and private sector. Three themes have Jones (OH) Pastor Thurman H.R. 2559. On rollcall vote 229, I would have Kanjorski Paul Tiahrt emerged from these hearings: Kaptur Payne Tierney voted ``nay.'' On rollcall votes 230, 231, 232, First, the medical breakthroughs Kasich Pease Toomey and 233, I would have voted ``yea.'' stemming from this research will be Kelly Pelosi Towns f immense; Traficant Kildee Peterson (MN) Second, the competition and coopera- Kilpatrick Peterson (PA) Turner DISPENSING WITH CALENDAR Udall (CO) tion between the public and private Kind (WI) Petri WEDNESDAY BUSINESS ON King (NY) Phelps Udall (NM) sector has brought us to this moment WEDNESDAY, JUNE 7, 2000 Kingston Pickering Upton and will deliver results for us all; Kleczka Pickett Velazquez Mr. ARMEY. Mr. Speaker, I ask Klink Pitts Visclosky Third, Congress’ duties in areas such Knollenberg Pombo Vitter unanimous consent that the business as ethical, legal, and social implica- Kolbe Pomeroy Walden in order under the Calendar Wednesday tions of genetics research, as well as Kucinich Porter Walsh rule be dispensed with on Wednesday, Wamp the need to fund gene-based disease Kuykendall Portman June 7, 2000. LaFalce Price (NC) Waters therapies, will require us to think wise- Watkins LaHood Pryce (OH) The SPEAKER pro tempore (Mr. ly and legislate prudently. Watt (NC) Lampson Quinn SHIMKUS). Is there objection to the re- I commend the public and private Watts (OK) Lantos Radanovich Waxman quest of the gentleman from Texas? sector researchers for achieving this Largent Rahall Weldon (FL) There was no objection. scientific milestone. Truly, a bright fu- Larson Ramstad Weldon (PA) f ture beckons. Latham Rangel Weller LaTourette Regula Wexler AUTHORIZING THE SPEAKER, MA- f Lazio Reyes Weygand Leach Reynolds Whitfield JORITY LEADER, AND MINORITY NATIONAL MISSING CHILDREN’S Lee Riley Wicker LEADER TO ACCEPT RESIGNA- DAY Levin Rivers Wilson TIONS AND TO MAKE APPOINT- (Mr. LAMPSON asked and was given Lewis (CA) Rodriguez Wise MENTS AUTHORIZED BY LAW OR Lewis (GA) Roemer Wolf permission to address the House for 1 Lewis (KY) Rogan Woolsey THE HOUSE, NOTWITHSTANDING minute and to revise and extend his re- Linder Rogers Wu ADJOURNMENT marks.) Lipinski Rohrabacher Wynn LoBiondo Rothman Young (AK) Mr. ARMEY. Mr. Speaker, I ask Mr. LAMPSON. Mr. Speaker, I rise Lofgren Roukema Young (FL) unanimous consent that notwith- today to commend today as National Lowey Roybal-Allard standing any adjournment of the House Missing Children’s Day. Mr. Speaker, Lucas (KY) Royce Lucas (OK) Rush until Tuesday, June 6, 2000, the Speak- you and I this morning attended a Luther Ryan (WI) er, majority leader, and minority lead- breakfast that was put on by the Na- er be authorized to accept resignations tional Center for Missing and Exploited NOES—2 and to make appointments authorized Children to commemorate all of the Murtha Stark by law or by the House. missing children across this country.
VerDate 25-MAY-2000 01:37 May 26, 2000 Jkt 079060 PO 00000 Frm 00040 Fmt 4634 Sfmt 0634 E:\CR\FM\A25MY7.028 pfrm02 PsN: H25PT1 May 25, 2000 CONGRESSIONAL RECORD — HOUSE H3855 I have been speaking on this floor great American couple. Frank and choice: do we want the information su- since February 16 telling a different Lucretia, happy 50th. perhighway to be a toll way or a free- story about a child taken in this coun- f way? try, 10,000 children since then, with Just this spring, in less than 1 only 2 days that I missed. Today it is TRIBUTE TO JEAN W. LAMBERT month, we have eliminated three toll about children who have been returned (Mr. GUTKNECHT asked and was booths on the information super- and about the volunteers who have given permission to address the House highway. Number one, we extended for spent their time and their energy and for 1 minute and to revise and extend 5 years the Internet tax moratorium, their money in trying to get those chil- his remarks.) putting a road block in the way of any- dren, who have either been sexually ex- Mr. GUTKNECHT. Mr. Speaker, I rise one who wants to impose a tax on ploited or abducted, back home with today to pay tribute to a very special Internet access. their parents. We heard some unbeliev- agronomist from the University of Second, just 2 weeks ago, we elimi- ably moving stories. Minnesota, Dr. Jean Lambert. nated the FCC’s authority to impose The volunteers were honored, but Jean Lambert was truly a great man fees and taxes on Internet access; and I more importantly, the law enforcement who made a substantial impact on the am proud today that we eliminated the officers that we hardly ever commend world of agriculture. He was the man century-old 3 percent tax on telephone adequately, because they put their who helped make Minnesota one of the calls. We are removing those toll lives on the line every day. They are Nation’s top soybean exporters. Over booths because we want to give greater out there with their incredible deter- his career, done on a government sal- digital opportunity for all Americans. mination, their total dedication to get- ary, Lambert’s efforts in variety devel- f opment and soybean research boosted ting child abductors and sex criminals ANNOUNCEMENT BY THE SPEAKER Minnesota farm income by more than off the street. PRO TEMPORE One of the things that we can do, Mr. $200 million. Speaker, is to picture them home, and Jean Lambert came to the University The SPEAKER pro tempore (Mr. with our program to put pictures of of Minnesota Department of Agronomy SHIMKUS). The Chair will remind Mem- missing children on our envelopes. It as a plant genetics professor in Janu- bers to direct their comments to the works, because one in six children who ary of 1946. He retired after 361⁄2 years Chair and not to individuals in the gal- are published like that are returned to of service in 1982. During his career, lery or the listening audience. their parents. Lambert developed 18 soybean varieties f Mr. Speaker, I encourage us all to adapted to various climatic conditions REPORT ON CONTINUATION OF join that challenge and picture our for Minnesota. EMERGENCY WITH RESPECT TO children home. During his career, Dr. Lambert FEDERAL REPUBLIC OF YUGO- f worked with the United Nations Food SLAVIA—MESSAGE FROM THE and Agricultural Organization and ad- A TRIBUTE TO FRANK AND PRESIDENT OF THE UNITED vised soybean researchers in Russia, LUCRETIA FITZPATRICK STATES (H. DOC. NO. 106–248) Poland, Hungary, and Romania. He be- The SPEAKER pro tempore (Mr. (Mr. WELDON of Pennsylvania asked came a world-renowned soybean breed- SHIMKUS) laid before the House the fol- and was given permission to address er, but never forgot his goals at the lowing message from the President of the House for 1 minute and to revise University of Minnesota. He wanted to the United States; which was read and, and extend his remarks.) educate and train undergraduate and together with the accompanying pa- Mr. WELDON of Pennsylvania. Mr. graduate students and help the farmers pers, without objection, referred to the Speaker, I rise today to pay tribute to of Minnesota through his research and Committee on International Relations a great American family and a great variety development. He remained a and ordered to be printed: American couple. Frank Fitzpatrick quiet, unassuming man, who loved and and his wife, Lucretia, prepare to cele- respected the people around him, and To the Congress of the United States: brate their 50th wedding anniversary enjoyed the respect of his colleagues. As required by section 401(c) of the on May 29. They were married in 1950. He was truly a great man. National Emergencies Act, 50 U.S.C. Frank and Lucretia moved into Dela- f 1641(c), and section 204(c) of the Inter- ware County, where their four daugh- national Emergency Economic Powers ters were born; and like Frank and ASSURING INTERNET ACCESS FOR Act (IEEPA), 50 U.S.C. 1703(c), I trans- Lucretia they have been heavily in- ALL AMERICANS mit herewith a 6-month periodic report volved in improving our community. (Mr. WELLER asked and was given on the national emergency with re- Kathleen Coulston serves the deputy permission to address the House for 1 spect to the Yugoslavia (Serbia and director of Court Services and Chief minute and to revise and extend his re- Montenegro) emergency declared in Probation Officer. Maureen Fitzpatrick marks.) Executive Order 12808 on May 30, 1992, serves as a judge in our Court of Com- Mr. WELLER. Mr. Speaker, over 100 and with respect to the Kosovo emer- mon Pleas. Mary Alice Gallagher million Americans today have access gency declared in Executive Order 13088 served as a former deputy attorney to the Internet. Seven million new on June 9, 1998. general of Pennsylvania and is cur- Americans each second access the WILLIAM J. CLINTON. rently the compliance officer for Internet for the first time. It is a tre- THE WHITE HOUSE, May 25, 2000. Christiana Care Health System. Their mendous opportunity, particularly for f daughter Lucretia Fitzpatrick gives school children, to use the Internet for CONTINUATION OF EMERGENCY back to our community as a medical their school work and homework; but WITH RESPECT TO THE FED- doctor. unfortunately, some are left behind. ERAL REPUBLIC OF YUGOSLAVIA I have had the opportunity to work If you look at who has access to the (SERBIA AND MONTENEGRO), with Frank in a number of capacities, Internet, you see the higher the income THE BOSNIAN SERBS, AND and his wife has been steadfast behind of the household, the more likely they KOSOVO—MESSAGE FROM THE him in all of his endeavors, both in the have Internet access at home. Low-in- PRESIDENT OF THE UNITED private sector, the public sector and come families say the cost of Internet STATES (H. DOC. NO. 106–249) serving on behalf of nonprofits access is the chief barrier to their chil- throughout Pennsylvania and through- dren having the opportunity to use the The SPEAKER pro tempore laid be- out America. In fact, it was Frank Internet and have a computer at home. fore the House the following message Fitzpatrick’s first position, where he from the President of the United b worked right here on the Hill as the 1545 States; which was read and, together chief of staff for one of my prede- Mr. Speaker, I am so proud of the with the accompanying papers, without cessors. leadership that this House has shown objection, referred to the Committee I ask my colleagues to join with me this year in removing those barriers to on International Relations and ordered in this celebration of America and a Internet access. We are making a to be printed:
VerDate 25-MAY-2000 01:37 May 26, 2000 Jkt 079060 PO 00000 Frm 00041 Fmt 4634 Sfmt 0634 E:\CR\FM\K25MY7.112 pfrm02 PsN: H25PT1 H3856 CONGRESSIONAL RECORD — HOUSE May 25, 2000 To the Congress of the United States: the national security, foreign policy in- public of Serbia, or the Republic of Section 202(d) of the National Emer- terests, and the economy of the United Montenegro. gencies Act (50 U.S.C. 1622(d)) provides States. For these reasons, I have deter- This situation continues to pose a for the automatic termination of a na- mined that it is necessary to maintain continuing unusual and extraordinary tional emergency unless, prior to the in force these emergency authorities threat to the national security, foreign anniversary date of its declaration, the beyond May 30, 2000. policy interests, and the economy of President publishes in the Federal Reg- On June 9, 1998, I issued Executive the United States. For these reasons, I ister and transmits to the Congress a Order 13088, ‘‘Blocking Property of the have determined that it is necessary to notice stating that the emergency is to Governments of the Federal Republic maintain in force these emergency au- continue in effect beyond the anniver- of Yugoslavia (Serbia and Montenegro), thorities beyond June 9, 2000. sary date. In accordance with this pro- the Republic of Serbia, and the Repub- WILLIAM J. CLINTON. vision, I have sent the enclosed notice lic of Montenegro, and Prohibiting New THE WHITE HOUSE, May 25, 2000. to the Federal Register for publication, Investment in the Republic of Serbia in f stating that the emergency declared Response to the Situation in Kosovo.’’ with respect to the Federal Republic of Despite months of preparatory con- GENERAL LEAVE Yugoslavia (Serbia and Montenegro), sultations and negotiations, represent- Mr. REGULA. Mr. Speaker, I ask as expanded to address the actions and atives of the Federal Republic of Yugo- unanimous consent that all Members policies of the Bosnian Serb forces and slavia (Serbia and Montengro) in may have 5 legislative days within the authorities in the territory that March 1999, completely blocked agree- which to revise and extend their re- they control within Bosnia and ment on an internationally backed pro- marks on H.R. 3916. Herzegovina, is to continue in effect posal for a political solution to the The SPEAKER pro tempore. Is there beyond May 30, 2000, and the emer- Kosovo crisis. Yugoslav forces rein- objection to the request of the gen- gency declared with respect to the situ- forced positions in the province during tleman from Ohio? the March negotiation and, as negotia- ation in Kosovo is to continue in effect There was no objection. beyond June 9, 2000. tions failed, intensified the ethnic On December 27, 1995, I issued Presi- cleansing of Albanians from Kosovo. f dential Determination 96–7, directing Yugoslav security and paramilitary SPECIAL ORDERS the Secretary of the Treasury, inter forces thereby created a humanitarian alia, to suspend the application of crisis in which approximately half of The SPEAKER pro tempore. Under sanctions imposed on the Federal Re- Kosovo’s population of 2 million had the Speaker’s announced policy of Jan- public of Yugoslavia (Serbia and Mon- been displaced from the province and uary 6, 1999, and under a previous order tenegro) and to continue to block prop- an unknown but apparently large por- of the House, the following Members erty previously blocked until provision tion of the remaining population had will be recognized for 5 minutes each. is made to address claims or encum- been displaced within Kosovo by mid- f brances, including the claims of the April. TRIBUTE TO MILES LERMAN other successor states of the former On April 30, 1999, I issued Executive Yugoslavia. This sanctions relief, in Order 13121, ‘‘Blocking Property of the The SPEAKER pro tempore. Under a conformity with United Nations Secu- Governments of the Federal Republic previous order of the House, the gen- rity Council Resolution 1022 of Novem- of Yugoslavia (Serbia and Montenegro), tleman from Ohio (Mr. REGULA) is rec- ber 22, 1995 (hereinafter the ‘‘Resolu- the Republic of Serbia, and the Repub- ognized for 5 minutes. tion’’), was an essential factor moti- lic of Montenegro, and Prohibiting Mr. REGULA. Mr. Speaker, I am vating Serbia and Montenegro’s accept- Trade Transactions Involving the Fed- pleased to rise today to honor Mr. ance of the General Framework Agree- eral Republic of Yugoslavia (Serbia and Miles Lerman for the great service he ment for Peace in Bosnia and Montenegro) in Response to the Situa- has provided this country. Few individ- Herzegovina initialed by the parties in tion in Kosovo.’’ Executive Order 13121 uals can match the contributions that Dayton on November 21, 1995, and revises and supplements Executive Mr. Lerman has made in creating and signed in Paris on December 14, 1995 Order 13088 to expand the blocking re- shaping the United States Holocaust (hereinafter the ‘‘Peace Agreement’’). gime by revoking an exemption for cer- Memorial Museum. His efforts in turn- The sanctions imposed on the Federal tain financial transactions provided in ing a dream into a reality and in the Republic of Yugoslavia (Serbia and Executive Order 13088; to impose a gen- museum’s achievements under his Montenegro) were accordingly sus- eral ban on all U.S. exports and reex- guidance and leadership represent the pended prospectively, effective Janu- ports to and imports from the Federal apex of an extraordinary life. Culmi- ary 16, 1996. Sanctions imposed on the Republic of Yugoslavia (Serbia and nating in his serving on the United Bosnian Serb forces and authorities Montengro) (the ‘‘FRY (S&M)’’) or the States Holocaust Memorial Council and on the territory that they control Governments of the FRY (S&M), the since its inception in 1980 and as its within Bosnia and Herzegovina were Republic of Serbia, or the Republic of chairman from 1993 until April of this subsequently suspended prospectively, Montenegro; and to prohibit any trans- year. effective May 10, 1996, also in con- action or dealing by a U.S. person re- As a native of Tomaszow, Poland, Mr. formity with the Peace Agreement and lated to trade with or to the FRY Lerman was born into a family that the Resolution. (S&M) or the Governments of the FRY had, for 6 generations, operated flour Sanctions against both the Federal (S&M), the Republic of Serbia, or the mills near the site of what would be- Republic of Yugoslavia (Serbia and Republic of Montenegro. In addition, come the Nazi death camp, Belzec. He Montenegro) and the Bosnian Serbs Executive Order 13121 directs that spe- was captured by the Nazis and impris- were subsequently terminated by cial consideration be given to Monte- oned in a slave labor camp where he United Nations Security Council Reso- negro and the humanitarian needs of was forced to break up tombstones lution 1074 of October 1, 1996. This ter- refugees from Kosovo and other civil- taken from a Jewish cemetery, some of mination, however, did not end the re- ians within the FRY (S&M) in the im- them 300 years old, so that the Nazis quirement of the Resolution that plementation of the Order. Finally, Ex- could construct a highway they would blocked those funds and assets that are ecutive Order 13121 also supplements use in their advancement into the So- subject to claims and encumbrances Executive Order 13088 to direct that the viet Union. until unblocked in accordance with ap- commercial sales of agricultural com- In 1942, he escaped, organized a re- plicable law. modities and products, medicine, and sistance group, and spent the next 2 Until the status of all remaining medical equipment for civilian end-use years fighting the Nazis as a partisan blocked property is resolved, the Peace in the FRY (S&M) be authorized sub- in the forests of southeastern Poland. Agreement implemented, and the ject to appropriate safeguards to pre- Following liberation, he returned terms of the Resolution met, this situ- vent diversion to military, para- home, only to find that his mother and ation continues to pose a continuing military, or political use by the Gov- some of his siblings had been murdered unusual and extraordinary threat to ernments of the FRY (S&M), the Re- and that the world of his youth had
VerDate 25-MAY-2000 01:37 May 26, 2000 Jkt 079060 PO 00000 Frm 00042 Fmt 4634 Sfmt 0634 E:\CR\FM\A25MY7.032 pfrm02 PsN: H25PT1 May 25, 2000 CONGRESSIONAL RECORD — HOUSE H3857 been virtually wiped from the map. Of he been a guiding hand in the estab- CLUB DRUG ANTIPROLIFERATION the 8,000 Jews who had lived in lishment of a remarkable national me- ACT OF 2000 Tomaszow, only 11 were still alive. morial, but in doing so, he has also pro- The SPEAKER pro tempore. Under a Lerman married his wife, Chris, an vided a powerful and important re- previous order of the House, the gentle- Auschwitz-Birkenau survivor, after lib- minder to all Americans of what can woman from Illinois (Mrs. BIGGERT) is eration. Following 8 months in a dis- happen when citizens abandon their re- recognized for 5 minutes. placed persons camp, they arrived in sponsibilities to in a democratic soci- Mrs. BIGGERT. Mr. Speaker, I rise the United States and eventually set- ety. today with my colleague from Cali- tled in Vineland, New Jersey. f fornia (Mr. ROGAN) to introduce the In recognition of his contributions to Club Drug Antiproliferation Act of AGRICULTURE RISK PROTECTION the Holocaust remembrance, in 1978 he 2000, legislation to combat the recent ACT was appointed to the advisory board of rise in trafficking, distribution and President Carter’s Commission on the The SPEAKER pro tempore. Under a abuse of club drugs such as Ecstasy, Holocaust. At the Commission’s first previous order of the House, the gentle- Liquid Ecstasy, Speed and PMA. meeting, he testified that in 1945, he woman from California (Mrs. CAPPS) is Club drugs refer to drugs being used had searched for the reason for his sur- recognized for 5 minutes. by young adults at all-night dance par- vival. But with the goal of creating a Mrs. CAPPS. Mr. Speaker, I rise ties such as raves or trances, dance museum, he concluded, I feel there was today to speak about the importance of clubs and bars. Young Americans are meaning and purpose to my survival in a conference report that passed in the lured into a belief that club drugs are being here today. House this afternoon, the Agriculture safe ways to get high, escape reality, Mr. Lerman quickly became a driv- Risk Protection Act conference report. and enhance intimacy. The drug traf- ing force in the creation of the United This bill provides important support fickers make their living off of perpet- States Holocaust Memorial Museum. for our Nation’s farmers and ensures uating and exploiting this myth. Following his service on the advisory that Americans will have a steady and The Office of National Drug Control board, he was appointed to the first affordable food supply. Policy’s year 2000 Annual Report on Memorial Council in 1980. He has been I wish to address an issue that is of the National Drug Control Strategy reappointed to the council by every particular importance to my central clearly states that the use of club President since; and with each re- coast district in California, and that is drugs is on the rise in the United appointment, Mr. Lerman has recom- the spread of Pierce’s Disease. I am States, particularly among teenagers mitted himself to 3 vital goals: build- pleased that this bill includes much- and young professionals. Data also re- ing and securing the future of a perma- needed funding to combat Pierce’s Dis- flects the increasing availability of nent national living memorial to the ease and the Glassy-winged Sharp- club drugs in metropolitan centers and victims of the Holocaust; establishing shooter which spreads it. This disease suburban communities. the international relationships nec- is having a devastating effect on Cali- In a speech to the Federal Law En- essary to ensure the museum’s pre- fornia vineyards and needs to be forcement Foundation earlier this eminence in fostering Holocaust docu- brought under control before it does year, the United States Customs Com- mentation, education, and scholarship; even greater damage. missioner, Raymond Kelly, stated that ensuring the museum’s mission of re- Although outbreaks in my district in the first few months of fiscal year 2000, the Customs Service already had membrance, education, and conscience have been limited, recent sightings of seized over 4 million tablets of Ecstasy, is transmitted to future generations. the Glassy-winged Sharpshooter are an immensely popular club drug. He es- Mr. Speaker, early on Mr. Lerman very worrisome. Just the other day, timates that the number will grow to recognized that collections would be eggs of the Glassy-winged Sharp- at least 8 million tablets by the end of vital to the museum’s creation and ul- shooter were found on plants at two the year, representing a substantial in- timate success. Through his hard work, northern San Luis Obispo County nurs- crease from 500,000 tablets seized in fis- the museum’s collections now number eries. cal year 1997. more than 35,000 objects and 12 million While we have been experimenting with different ways to combat Pierce’s Do not be fooled by the innocent pages of archival documents, in addi- term ‘‘club drugs;’’ no club drug is be- tion to tens of thousands of photo- Disease, currently, there is no known cure. Central coast wine grape growers nign. Chronic abuse of club drugs ap- graphs, films, and oral histories. pears to produce long-term damage to Similarly, Mr. Lerman’s commit- are banding together and contributing funds of their own to fight this disease. the brain, and sometimes the damage ment to Holocaust scholarship led to caused by club drugs can do more than the creation of the Museum’s Center We in the Federal Government need to support these efforts. harm the brain. It can be deadly. Re- for Advanced Holocaust Studies, which cently in my district in Illinois, a promotes research on the Holocaust I joined members of the Wine Caucus in urging the agriculture sub- Naperville Central High School student and ensures the ongoing training of fu- died after ingesting a very powerful ture generations of scholars. It incor- committee to increase funding for com- bating Pierce’s Disease. I am pleased party drug called PMA. porates the Lerman Center for the Sadly, Federal law does not take club that this subcommittee saw the impor- Study of Jewish Resistance, founded drugs seriously enough. For example, tance of this issue and provided appro- because Mr. Lerman felt strongly that under current Federal sentencing priate funding in the Agriculture Risk this long-neglected aspect of Holocaust guidelines, one gram of Ecstasy is Protection Act conference report. history merited more attention. equivalent to only 35 grams of mari- This bill provides the necessary sup- Mr. Speaker, let me conclude my re- juana. In contrast, one gram of meth- port for our vineyards, with over $7 marks by calling attention to the amphetamine is equivalent to 2 kilo- million in funding for control and con- words of Senator Robert Kennedy grams of marijuana. These weak sen- tainment activities in California, and taken from the CONGRESSIONAL RECORD tencing guidelines result in relatively of June 6, 1966, and I quote: $25 million to compensate growers for short periods of incarceration for indi- losses due to three different diseases, First is the danger of futility, the belief viduals sentenced for Ecstasy-related there is nothing one man or one woman can including Pierce’s Disease. These Fed- crimes. When the potential profit- do against the enormous array of the world’s eral dollars will join with State funds ability of this drug is weighed against ills, against misery and ignorance, injustice, and the private money raised to make the potential punishment, it is easy to and violence. Yet, many of the world’s great a concerted effort to eradicate Pierce’s see what makes club drugs extremely movements of thought and action have Disease. That is our goal. We cannot interactive to professional smugglers. flowed from the work of a single man. rest until a cure for this disease is Thank you to Miles Lerman for being found, and the Glassy-winged Sharp- b 1600 that single man, for giving so much of shooter is no longer a threat. Mr. Speaker, the Club Drug himself to our country. In leading the Mr. Speaker, I am glad and pleased Antiproliferation Act of 2000 addresses effort to create the United States Holo- that this bill makes available a major this fast-growing and disturbing prob- caust Memorial Museum, not only has step in that direction. lem. First, the bill addresses the base
VerDate 25-MAY-2000 02:55 May 26, 2000 Jkt 079060 PO 00000 Frm 00043 Fmt 4634 Sfmt 0634 E:\CR\FM\K25MY7.118 pfrm02 PsN: H25PT1 H3858 CONGRESSIONAL RECORD — HOUSE May 25, 2000 level offense for club drug-related Indeed, Mr. Speaker, there are Tamil through the institutions of the united, crimes, making those crimes equal to political parties and organizations sovereign, and democratic Sri Lanka. that of trafficking methamphetamine. committed to working with the govern- f This provision also accomplishes the ment to achieve a higher degree of au- OUTRAGEOUSLY HIGH DRUG goal of effectively lowering the amount tonomy through peaceful means. And PRICES IN THE UNITED STATES of drugs required for a swift prosecu- the government has had on the table tion sending a message to Federal pros- for a long time a Devolution Plan that The SPEAKER pro tempore. Under a ecutors that club drugs are a serious would recognize the Tamils’ legitimate previous order of the House, the gen- threat. claims. If nothing else, the govern- tleman from Minnesota (Mr. GUT- Second, through law enforcement and ment’s plan offers at least a basis for KNECHT) is recognized for 5 minutes. community education programs, this beginning negotiations. Mr. GUTKNECHT. Mr. Speaker, bill will provide for a national club Mr. Speaker, President Kumara- today I rise to speak again about an drug information campaign. As more tunga, who is elected as the nation’s issue, that, as Members go back to Americans are made aware of the un- first woman president in 1994, was re- their districts and have town hall predictable impurities and side effects elected last December in an election in meetings, I am certain they are going of club drugs, it is our hope that law which 73 percent of the eligible voters to hear about. The issue I want to talk enforcement will begin to see a dra- turned out. In the final days of the about this afternoon is the issue of out- matic reduction in the quantities of presidential campaign, she was injured rageously high drug prices that we pay club drugs present on our streets. Let in a terrorist attack blamed on the in the United States, especially when us do what we can to save our children LTTE. That attack took the lives of 22 we compare what Americans pay to from the fate of that young high school people and left more than 100 injured. what consumers around the rest of the student in our district. Yet, despite this attack and despite world pay. Mr. Speaker, the Club Drug the recent escalation of violence by the What I have here is a chart, and our Antiproliferation Act of 2000 can only LTTE, President Kumaratunga con- source is the Life Extension Network. help in our fight against drug abuse in tinues to ask the separatists to lay They did research recently and com- the United States. I urge all of my col- down their arms and begin talks. pared the average prices for commonly leagues to join the gentleman from In this current crisis, Sri Lanka has prescribed drugs in the United States California (Mr. ROGAN) and myself in reached out to the international com- to what the average prices are in Eu- this important effort by cosponsoring munity to help bring the separatists to rope. And it really is sobering. this bill. the negotiating table. Yesterday, For example, Premarin is a com- f President Kumaratunga appealed to monly prescribed drug, the same drug NEED FOR A NEGOTIATED India, Sri Lanka’s democratic neighbor made in the same plant under the same SETTLEMENT IN SRI LANKA to the north, to facilitate the effort to FDA approval, incidentally. In the United States, the average price is The SPEAKER pro tempore (Mr. bring the Tamil Tigers to the table. Sri Lankan officials have also been meet- $14.98. For that exact same drug in the SHIMKUS). Under a previous order of the same quantity in Europe they pay House, the gentleman from New Jersey ing with diplomats from Norway in an effort to resume the negotiations with $4.25. (Mr. PALLONE) is recognized for 5 min- the rebels that broke off 5 years ago. Coumadin is a drug that my dad utes. takes; it is a blood thinner. In the Mr. PALLONE. Mr. Speaker, for Next Monday, U.S. Under Secretary United States, the average price is weeks now, the newspapers have car- of State, Thomas Pickering, will go to $30.25, but in Europe they pay only ried stories about the recent escalation Sri Lanka where he will meet with gov- $2.85. And the list goes on. Prilosec, an- in the fighting in Sri Lanka, the island ernment officials and other leaders of nation located just to the south of the other Tamil parties. other commonly prescribed drug in the India. Sri Lankan Government forces Mr. Speaker, the position of the United States, the average price here have been battling a violent rebellion United States and of India and of other in the United States is over $100; in Eu- by the Liberation Tigers of Tamil Western nations is that this conflict rope they are paying $39.25. Claritin, Eelam, the LTTE, commonly known as can only be resolved through negotia- very commonly prescribed drug, par- The Tigers, a separatist organization tions, and that the solution should pre- ticularly this time of year for hayfever that the United States has designated serve the territorial integrity of Sri and allergies, the United States is $44 a Foreign Terrorist Organization. The Lanka. The campaign by the LTTE to an average; over in Europe, they are Tigers’ campaign has gone on for 17 force the break up of Sri Lanka does paying $8.75. The list goes on and on years, at a cost of tens of thousands of not have the support of the inter- and on. And I think the story is alto- lives. Their goal is the establishment national community, and it must never gether too familiar. of a Tamil Eelam, a separate Tamil gain that legitimacy. Mr. Speaker, I would ask my col- state in Sri Lanka, to divide this small As I mentioned, Mr. Speaker, the leagues to ask themselves this simple island nation into two ethnic states, a U.S. State Department has branded the question: Can any of us think of an- Tamil state and a Sinhalese state. LTTE a terrorist organization. Re- other product of any kind where the Last month, the Tigers stepped up cently, the parliament of the European world’s best customers pay the world’s their campaign in the Jaffna Peninsula Union has urged its member nations to highest prices? This is particularly in the northern part of the island. The take similar steps. The Tigers main- troubling because just yesterday we government forces have continued to tained their determination for an out- had a vote on expanding trade opportu- battle the Tigers. Sri Lanka’s presi- right win militarily, but that strategy nities in opening markets between the dent, Mrs. Chandrika Kumaratunga, seems destined only to kill thousands United States and China. has vowed not to surrender to the ter- of more people by shattering lives in We have had for several years now rorists and not to stand by and allow both the Tamil and Sinhalese commu- the North American Free Trade Agree- the partitioning of the country. In- nities. ment. Goods and services are supposed stead, the government is urging the Mr. Speaker, I urge Under Secretary to flow across our borders with Canada LTTE to put down their arms and come Pickering to continue to make clear and Mexico freely. Recent studies sug- to the negotiating table for good-faith that this crisis can only be resolved gest, and this is a study done by the talks aimed at addressing the concerns through a political solution. We must Canadian government, says that Amer- of Tamil people in a peaceful way. step up our efforts to work with other icans are paying 56 percent more for Mr. Speaker, I believe that the Sri international friends, including India the same prescription drugs made in Lankan people, both Sinhalese and and Western European nations, to the same facilities under the same FDA Tamil alike, reject the idea of dividing maintain the pressure on the LTTE to approval than our Canadian friends are their nation into two ethnically based, come to the negotiating table. paying for those same drugs. ethnically cleansed homelands. The The Tigers should join with the rest In other words, we are paying 56 per- LTTE by no means speaks for all of the of the Tamil community to promote cent more than Canadians, and the Tamil people. the interests of their community story gets worse. Prices in Mexico are
VerDate 25-MAY-2000 01:37 May 26, 2000 Jkt 079060 PO 00000 Frm 00044 Fmt 4634 Sfmt 0634 E:\CR\FM\K25MY7.120 pfrm02 PsN: H25PT1 May 25, 2000 CONGRESSIONAL RECORD — HOUSE H3859 even lower. Consumers have been (Mr. RUSH addressed the House. His plans? I would rather my tax dollars learning about this, and particularly remarks will appear hereafter in the help finance health care coverage that seniors. Extensions of Remarks.) is more predictable. Insurance that In Minnesota and all across the coun- f does not give one peace of mind is not try, particularly where we are closer to The SPEAKER pro tempore. Under a good insurance. In Medicare’s case, it the borders, seniors especially are get- previous order of the House, the gen- is peace of mind for beneficiaries and ting on buses, and they are going to tleman from Guam (Mr. UNDERWOOD) is their families alike. Health care cov- Canada to buy their prescription drugs. recognized for 5 minutes. erage that is about as stable as a house We have this wide disparity between (Mr. UNDERWOOD addressed the of cards simply does not cut it. what we pay and what the rest of the House. His remarks will appear here- We could always pay managed care world pays. after in the Extensions of Remarks.) plans more, but if we do that without The question has to be asked, the f exacting a guarantee that these plans people who are supposed to protect us will provide stable benefits and contin- are our own FDA, the Food and Drug The SPEAKER pro tempore. Under a uous coverage, we are perpetuating the Administration. So one might ask, previous order of the House, the gentle- same double standard that protected what are they doing to help consumers woman from Hawaii (Mrs. MINK) is rec- the Medicare choice plan from the be- get lower prices? Well, here is the an- ognized for 5 minutes. ginning. swer. This is an edited version, but I (Mrs. MINK of Hawaii addressed the Somehow, managed care plans can want to point out a couple of sen- House. Her remarks will appear here- cost Medicare more than the fee-for- tences. We do not have the whole letter after in the Extensions of Remarks.) service program; can pick and choose here, but it is available. Anyone who f which counties they will serve and would like a copy can call my office. THE PLUS-CHOICE RELIABILITY which ones they will dump; can attract What the FDA is doing to help con- ACT seniors on the promise of extra bene- sumers is they are threatening them. If fits, then eliminate those benefits, an- someone tries to order drugs through a The SPEAKER pro tempore. Under a other cost-cutting strategy unavailable mail order house from the United previous order of the House, the gen- to the fee-for-service program, and still States, what they get with the order tleman from Ohio (Mr. BROWN) is rec- can be touted by many in this institu- that has been opened is a threatening ognized for 5 minutes. tion, including Republican leadership, letter. Let me just read it. It says, Mr. BROWN of Ohio. Mr. Speaker, on as the long-term solution for Medicare. ‘‘Dear consumer: This letter is to ad- January 1, 1999, approximately 400,000 How can Medicare privatization pro- vise you that the Minneapolis District Medicare beneficiaries were dropped posals be taken seriously when they of the United States Food and Drug unceremoniously by Medicare managed feature the same private insurance Administration has examined a pack- care plans. On January 1 the next year, companies and system that excluded age addressed to you containing drugs 2000, 400,000 more were dropped half of all seniors in 1965 and treats which appear to be unapproved for use unceremoniously by Medicare managed them miserably 35 years later in the in the United States.’’ care plans. We can expect at least that year 2000? I do not get it. When the tra- Well, Mr. Speaker, that is not true. much disruption again on January 1, ditional Medicare program spends more The vast majority of drugs that are 2001. than expected, they tell us it is because coming via this method are legal drugs By the way, fly-by-night coverage is public programs are big, bad and ineffi- in the United States. They are ap- just one of the shocks potentially cient. When private managed care proved by the FDA. They are made in awaiting plus-choice Medicare enroll- plans spend more than it is expected, it exactly the same plants. ees. Bait and switch. Supplemental is because big, bad government was not Later it says, ‘‘Because you are tak- benefits are another. paying them enough to begin with. ing this medication under the care of a All of us in this body have heard In my view, private managed care physician and we do not want to cause from Medicare beneficiaries who joined plans do not belong in Medicare. They your medical treatment to be unduly a plus-choice plan to gain access to do not belong because they are unwill- affected, we are releasing this ship- prescription drug coverage or reduced ing; and frankly, they cannot prioritize ment. However,’’ and this is the impor- cost sharing only to have those bene- the welfare of Medicare beneficiaries tant line, ‘‘future shipments of these or fits cut back or stripped out just in above the welfare of their business. similar drugs may be refused admis- time for the new year. b sion.’’ Why is the plus-choice Medicare pro- 1615 Now, if one were a 75-year-old grand- gram failing seniors? Ask the Medicare If we commit to paying managed care mother and they get a threatening let- managed care plans, and they will say plans this year, then they will want ter from the FDA, it is very dis- it is because the Federal Government even more next year. If we ask man- concerting. is underpaying them. Ask other experts aged care plans to voluntarily commit Mr. Speaker, I think it is time for and they will say it is because Medi- to staying put and providing reliable Congress to take a serious look at this care managed care plans overestimated benefits, they will tell us businesses re- problem. If we could just simply re- their ability to operate more effi- quire flexibility, and they do. cover part of the costs, the differen- ciently than traditional Medicare, re- But Medicare beneficiaries require tials that we are paying for prescrip- fused to cross-subsidize between high consistency, stability, reliability. Pri- tion drugs, we could go a long way to and low reimbursement areas and un- vate managed care plans cannot put solving the problem of those people derestimated the costs of providing many Medicare beneficiaries first. Yet, who fall through the cracks. supplemental benefits. that is what Medicare must do in order Do not just take my word for it. We Maybe the truth is in the middle, to serve the public interest. If private just received in our offices a little more likely. The specifics do not mat- Medicare managed care plans cannot pamphlet from Blue Cross/Blue Shield. ter all that much. Most likely private serve the public interest, we should not Let me just read from it. It says, managed care plans simply cannot pay them a dime. ‘‘Spending on prescription drugs rose 84 serve two masters, the public interest But regardless of my personal views percent between 1993 and 1998.’’ and the corporate bottom line. on Plus Choice, the reality is, right Mr. Speaker, it is time for Congress Whatever is going on, the most expe- now, millions of seniors depend on it. to say that the FDA should not stand dient ways of responding to the pro- Policy makers have an obligation to between our consumers and lower drug gram’s failings are also the most irre- try to make Plus Choice work. If we prices. sponsible if our goal is to act in the cannot make the Plus Choice program f best interest of Medicare beneficiaries. work, then we have an obligation to The SPEAKER pro tempore (Mr. We could do nothing. We are pretty get rid of it. SHIMKUS). Under a previous order of the good at that here. I am offering legislation today to try House, the gentleman from Illinois Is it fiscally responsible to continue to make Plus Choice work. Under the (Mr. RUSH) is recognized for 5 minutes. pouring public dollars into plus-choice Plus Choice Reliability Act, private
VerDate 25-MAY-2000 01:37 May 26, 2000 Jkt 079060 PO 00000 Frm 00045 Fmt 4634 Sfmt 0634 E:\CR\FM\K25MY7.121 pfrm02 PsN: H25PT1 H3860 CONGRESSIONAL RECORD — HOUSE May 25, 2000 health plans would sign a contract to So, in other words, in my prior life terday, before the entire Republican provide continuous service within a before being a congressman, as a physi- Conference, the Speaker said, yes, this service area for 3 years. Health plans cian, if I had a woman come to me with is coming to the floor today. would agree not to terminate this cov- a lump in her breast, I examined her, But a curious thing happened last erage within the service area and talked to her, I would have to say, ex- night. The Committee on Rules was would be required not to reduce their cuse me, leave the room, get on the meeting about midnight, they were de- benefit package during that time pe- phone, tell the HMO I have got this bating this bill that we should have de- riod. woman here with a breast lump, and bated today. All of a sudden, they just Health plans would receive payments ask them if it is okay if I tell this tabled the bill indefinitely. So it did for enrollees equivalent to what Medi- woman all three of her treatment op- not come to the floor today. care would have spent had the enroll- tions. I mean, that is an egregious in- I find this very curious because, as ees stayed in-fee-for service, no more, fringement on the right of a patient to everyone in Washington knows, the no less. know all of the information that he or Committee on Rules functions as the If we pay private health plans what it she needs in order to make a decision. right arm of the Speaker. The Com- would cost fee-for-service to cover Yet, there are contract provisions mittee on Rules follows the Speaker’s these individuals, and if private plans that HMOs have put in physician con- will. Some people have said the Com- still cannot cover them and provide tracts to that extent. There are other mittee on Rules is a rubber stamp for stable benefits or guarantee continuous contract provisions that HMOs put into the Speaker. In the 5 years I have been coverage, as the fee-for-service pro- employee contracts where it says that in Congress, I cannot remember the gram does, then it would be fiscally ir- HMO’s can define medical care as the Committee on Rules doing an action in responsible and a breach of the public cheapest, least expensive care ‘‘as de- committee that has been contrary to interest to permit these plans to stay termined by the HMO.’’ the Speaker’s will. in Medicare. It is as simple as that. What would be the problem with Now, yesterday, the Speaker said we I hope my colleagues will join me in that? Let me give my colleagues an ex- were going to have this bill on the promoting a Medicare Plus Choice op- ample. As a constructive surgeon, I floor. He had given his promise to the tion that actually provides continuity have taken care of a lot of children gentleman from California (Mr. CAMP- and stability, attributes that should be born with cleft lips and palates. The BELL). Then at midnight, the Com- a given under our Medicare program. correct treatment for a kid born with a mittee on Rules tables the measure. cleft palate is a surgical repair to close Very curious. f Is this the first time the Committee that huge hole in the roof of their STATUS OF HMO REFORM on Rules has disregarded the Speaker’s mouth so that food does not come out promise? We do not know. It is either The SPEAKER pro tempore (Mr. their nose, so they can learn to speak that the Committee on Rules, which SHIMKUS). Under the Speaker’s an- correctly. should function at the Speaker’s dis- nounced policy of January 6, 1999, the But under that HMO’s contract provi- cretion, did not, that they did not fol- gentleman from Iowa (Mr. GANSKE) is sions where they can define medical low their own Speaker’s prescription, recognized for 60 minutes as the des- necessity as the cheapest, least expen- in which case, the Speaker ought to ignee of the majority leader. sive care, they could say, no, we are have a long talk with those Members Mr. GANSKE. Mr. Speaker, I am not going to authorize routine surgical going to talk a little bit about the sta- for not following out his instructions. repair, we are just going to authorize a Or the other alternative is that they tus of HMO reform before the House piece of plastic to shove up into that received word from the Speaker, pull and the Senate. I have to admit that I hole, something called a plastic obtu- the bill. If that is the case, then there am a little bit disappointed, because I rator. It would be like an upper den- is a disparity between what the Speak- thought that this afternoon or this ture. er promised the gentleman from Cali- morning, we would have been debating Now, will the child learn to speak fornia (Mr. CAMPBELL) yesterday morn- a bill called H.R. 1304, which is the very well with that? No. But it meets ing and what happened at midnight. Quality Health Care Coalition Act. that plan’s own contractual language Most curious. Very unusual. Some- This is the bill of the gentleman from of being the cheapest, least expensive thing in 5 years I have never seen hap- California (Mr. CAMPBELL). care. pen here in Congress. The gentleman from California (Mr. Now, let us say that I, as a physician, So we are left with the situation CAMPBELL) has worked on that bill for taking care of children, whose treat- that, today, we did not get to debate on 3 years. In essence, that bill would ment is denied, like this one, decide to a bill that is a free market bill to try allow health professionals to group to- get together with other reconstructive to correct HMO abuses. gether to advocate for patient con- surgeons, and we start talking about Last year, last October, when we sumer rights without forming a union how this one HMO is routinely denying passed the Bipartisan Consensus Man- in negotiating contract provisions with medically necessary care. We say to aged Care Reform Act, the Norwood- HMOs. each other, I do not think I can renew Dingell-Ganske bill that I helped write, This is pretty important because, in my contract with that company. Under passed this floor with 275 votes, with the last 5 or 6 years, there have been current U.S. anti-trust law, we could only 151 against it, last year we heard over 275 mergers of health plans around be prosecuted and fined, if not thrown a lot of people say, I think that we the country, leaving us, in this coun- in jail, for being concerned about our ought to move to HMO reform in a try, with about five or six large HMOs. patients’ concerns. more free market way. We ought to In many parts of the country, these That was the bill that was supposed make sure that there is equal playing HMOs, a single HMO may control 50 to be on the floor. It was a bill that did field so that these types of patient percent or more of the people who have not, it was not about physicians form- abuses can be addressed in the realm of health care in that area. It is curious ing unions, in fact, it would have the the free market, in equal negotiations. that a lot of these, several of these opposite effect. It was not a bill about Well, we are seeing a situation where large HMOs do not go into other areas price fixing. It has nothing to do with we have, in some cases, almost monop- in order to compete with another large price fixing. It is a good bill. It had 220 olies by large HMOs, squishing any HMO. bipartisan cosponsors. We only need 218 type of concerted action by providers So what that means, then, is that, if votes to pass the House. One would to stick up for their patients. This bill an HMO, for instance, gives a health think this would come to the floor. of the gentleman from California (Mr. care provider, a nurse or a pharmacist The gentleman from California (Mr. CAMPBELL) would have gone a long way or a physician, a contract that has a CAMPBELL) had worked on this for 3 toward correcting that. Yet, for all provision in it that is, for instance, a years. Last year, he got a commitment those people on both sides of the aisle gag rule, a gag clause, where it says from the Speaker of the House to bring who voted against the Bipartisan Con- one cannot tell a patient all of their it to the floor last year. Then he got a sensus Managed Care Act, saying I treatment options unless one first gets commitment from the Speaker to bring would rather see a free market ap- an okay from us. it onto the floor in January. Then yes- proach, they do not get a chance today
VerDate 25-MAY-2000 01:37 May 26, 2000 Jkt 079060 PO 00000 Frm 00046 Fmt 4634 Sfmt 0634 E:\CR\FM\K25MY7.126 pfrm02 PsN: H25PT1 May 25, 2000 CONGRESSIONAL RECORD — HOUSE H3861 to vote, to correct those types of HMO blow, the bigger it gets, and all of a her doctor about her wanting to be abuses. sudden it gets easier to blow it up. seen that day. Now, it is no secret that the insur- That is because the walls of that bal- So Mrs. Utterback thought that once ance industry has been lobbying very loon are getting weaker and weaker. the e-mail was sent, she was supposed vigorously on this issue. It is no secret Then all of a sudden it gets so easy to wait for her doctor to get back to that, last night, the insurance industry that it just breaks. That is what can her. That is what she understood from dumped millions of dollars into fund- happen with this type of dilatation, the conversation. Her daughter recalls raisers here in Washington. It would be this aortic aneurysm. that this conversation occurred at ap- most curious if there is any connection On January 26, 1996, Mrs. Utterback proximately 10:15, which is consistent between the Committee on Rules’ ac- woke up with pain in her back. It radi- with the time that the e-mail was actu- tion and political contributions. I ated towards her abdomen on the right ally sent, which was 10:18. would certainly hope that is not the side. She had been experiencing back Mrs. Utterback was not given an ap- case. pain since the day before. She thought pointment during that conversation. Why do we need HMO reform? Well, the pain might be due to some hard While waiting to hear back from the last week, in the Los Angeles Times, I work, but the pain progressed that doctor’s office, Mrs. Utterback reclined saw this article on a case. The Cali- morning. She also experienced abdom- almost the whole time, but she did get fornia State Department of Corpora- inal pain she attributed to something up around 12 noon to have some soup. tions said that it discovered systemic she had eaten. After not hearing back for nearly 2 health care delivery problems at a At about 8:15 in the morning, she hours, Mrs. Utterback and her daugh- California HMO, and they levied a $1 called her daughter, Barbara Winnie, ter said they agreed that they would million fine against that HMO for de- and she asked her to come over because surely hear from her doctor either dur- laying the urgently needed care of a 74- she had some really sharp pain. When ing lunch or after the lunch hour. How- year-old woman who died. her daughter got there, at about 9:30, ever, when 1:45 p.m. came around, Mrs. So we gave the California Depart- she found her mom in bed, still in her Utterback and her daughter agreed ment of Corporations a phone call. pajamas. Mrs. Utterback reported to that enough was enough, and they tried They sent us their memo on this case. her daughter that she had tried reach- to call back to find out what, if any- I am going to share this with my col- ing her primary care doctor at the thing, her doctor had decided to do. leagues today, because as I am speak- HMO when the clinic opened at 8:30. Mrs. Utterback called again. She ex- ing, at this very moment here in the She was put on hold so long that she plained to the person who answered the Capitol, the conferees to that HMO re- had to hang up. phone this time the steps she had form bill are meeting. They have been The phone number that she used to taken up to this point in order and meeting for months and months and secure an appointment came from her wanted to be seen by Dr. Perry. She months, and virtually nothing has hap- address book. Between 9:45 and 10 a.m. again explained that she had right pened. I think they need to listen to a she tried to call this HMO again. Her back pain radiating to her abdomen, case like this, because it is pretty in- daughter overheard this conversation which was getting more painful. She credible. This is happening every day and was also informed of the details. reiterated her efforts to see her doctor around the country. Mrs. Winnie essentially recalls this as and reiterated her symptoms, as she ‘‘In January, 1996,’’ and I am going to follows: Mrs. Utterback explained her was transferred several times. She also pretty much just read from this brief symptoms; that she was having pain on explained that she was frustrated. She by the California Department of Cor- the right side of her back that was wanted a same-day appointment, and porations, ‘‘Margaret Utterback, 74 going around to her abdomen and she she had been waiting to hear from her years old, and’’ an HMO ‘‘patient for 50 asked if she could get an appointment doctor since 10 o’clock, and it was now years, was still living in her home. She to see her doctor. She was told by the the middle of the afternoon. took reasonably good care of herself person who answered the phone that After speaking to several different and she was in generally good health there were no appointments available. people, it appeared to her daughter up to the day that she’’ complained to Mrs. Utterback explained her symp- that Mrs. Utterback, her mother, had her HMO of ‘‘back pain that radiated to toms again. She asked if she could be finally reached somebody sympathetic the right side of her abdomen.’’ put through to her doctor or the clinic based on the tone of Mrs. Utterback’s It is important to note that she had so that she could talk to somebody voice. Apparently this person offered to been a smoker and that she had high there. But the person at the HMO, at transfer Mrs. Utterback to patient as- blood pressure. That is from her HMO the other end of the phone, said she sistance. However, when that transfer records. could not do that. After that, the per- occurred, Mrs. Utterback reached a Now, as a physician, let me lay a lit- son said something to the effect that, voice mail recording. So she hung up. tle groundwork for this. There is a con- If you think you need to be seen, call She immediately phoned back the dition called an aortic abdominal aneu- back at 3 p.m. and you will get an ur- phone bank, and after explaining her rysm. This is a balloon-like enlarge- gent care appointment for the evening. symptoms and all of her attempts to ment of the large blood vessel in one’s Mrs. Utterback was told that the ur- get assistance again, she finally, after abdomen, the aorta. It develops more gent care clinic was the procedure to several attempts, reached a person who frequently in people who have been be used when there were no same-day was able to get her scheduled for an ap- smokers, who have atherosclerosis, and appointments available to her doctor. pointment at 4:15. However, she had to who have high blood pressure. If that Now, I want to point out something. insist on being seen that day because balloon-like dilation of the aorta This person she talked to did not sug- the medical assistant at first told Mrs. breaks, the patient usually dies. They gest that if she was having really se- Utterback that her doctor declined to bleed to death in a short time. It takes vere pain she needed to go to the emer- give her an appointment that day but, many years to develop. gency room. instead, would write her a prescription Generally a patient that is system- After hanging up, Mrs. Utterback and for narcotic pain medicine. atic with an aortic abdominal aneu- Mrs. Winnie, her daughter, discussed Finally, upon Mrs. Utterback’s in- rism is an older person who complains the conversation. Mrs. Utterback de- sistence, the medical assistant agreed of abdominal and back pain. That aor- cided to call back again. She described to give her an appointment late in the tic aneurism impinges on the lumbar her symptoms again to the new person day. Well, Mrs. Utterback is not feeling vertebrae, and that is responsible for who answered the phone, i.e., that very good. The pain is getting worse. the back pain. right side back pain was radiating to She and her daughter decide to go im- her abdomen. After being transferred a mediately to the clinic to try to get in b 1630 couple of times, she was finally put to see her doctor earlier, if possible. If it is caught in time, surgery can into contact with somebody who Mrs. This is corroborated by an HMO em- fix it. The balloon-like dilatation can Utterback thought was kind and will- ployee, the medical assistant who be bypassed. Just think of taking a bal- ing to listen. That particular woman booked the appointment at the doctor’s loon and blowing it up. As we blow and offered to send an e-mail message to station, who recalls that the daughter
VerDate 25-MAY-2000 01:37 May 26, 2000 Jkt 079060 PO 00000 Frm 00047 Fmt 4634 Sfmt 0634 E:\CR\FM\K25MY7.128 pfrm02 PsN: H25PT1 H3862 CONGRESSIONAL RECORD — HOUSE May 25, 2000 told her that they were leaving right formed this patient had a dissecting goes by and somebody like Mrs. away to try to get worked in sooner in aortic aneurysm. Instead, he was in- Utterback is being injured or loses the day. formed by the clinic that ‘‘the patient their life. Until arriving at the clinic, Mrs. needed a transport, and the patient was I could give my colleagues many, Utterback never spoke to a registered complaining of lower back pain.’’ Chief many other examples of this. If my col- nurse or an advice nurse, nor was she Jay stated, ‘‘a diagnosis of a dissecting leagues would just take this one defect, instructed to go to the emergency aortic aneurysm indicates a sense of cleft lip and cleft palate, in the last room by that HMO. urgency that would necessarily need to few years more than 50 percent of the Mrs. Utterback left about 2 p.m. and be communicated to the medical facil- surgeons who take care of this condi- checked in no later than 2:45 at the ity for the emergency personnel on tion have had HMOs deny surgical re- HMO clinic. Despite requesting three scene,’’ including himself, and it was pair related to cleft lip and cleft pal- separate times to be seen sooner be- never done. ate. cause her pain was getting worse, staff That lack of urgency was confirmed I mean, this is a birth defect. This is at the HMO refused. While waiting, in the ambulance report, where it not a cosmetic procedure. This is some- Mrs. Utterback’s pain increased to the states, ‘‘doctor nowhere to be found, thing to make somebody normal so point where her discomfort was vis- nurse had very little patient informa- they can speak right so they can walk ually observable. She squirmed in her tion, patient transferred for ’question through the grocery store and not be chair. She held on to her side. At times mark’ for evaluation.’’ an object of contempt. she was in plain view of the reception Mrs. Utterback did not arrive in the For goodness sakes, why is it taking desk and the open hallway where the emergency room until 5:30. Remember, so long for us to address this problem? medical assistants would come to call this saga started at about 8:15 in the I guess you could only say, it is part of patients. But it was not until 4:30 that morning. She did not get there until an the systemic problem that exists here her physician examined her. hour after the diagnosis was made. Un- in Washington. There are very powerful At one point, the medical assistant fortunately for Mrs. Utterback, her an- special interests that oppose a real pa- who was filling in for the doctor’s pa- eurysm ruptured completely minutes tient protection piece of legislation. tients that day was informed of Mrs. after she got in the emergency room. That is the HMO industry, that is the Utterback’s desire to be put in a room. She was taken to the operating room insurance industry, and some of the big Two Kaiser receptionists testified that and given 24 units of blood, but by then businesses. this assistant came to the front, it was too late and the next day she It is very interesting, though, that if glanced through the chart, looked into died. you look at the polls that are done of, the waiting room where Mrs. The California Department of Cor- say, small businesses, even small busi- Utterback was sitting, and stated, porations looked at this case and they ness employers, by about a three to Doesn’t look that sick to me, tossed found systemic lack of safety all the five margin think that Congress ought the chart back and walked away. She way through the day that this patient to pass patient protection legislation. did not stop, did not even bother to go was treated. There should have been These are the employers. out and talk to this woman. protocols in place. Certainly if a pa- What is the hang-up? Well, the hang- Well, once examined by her physi- tient cannot be gotten into see her up in conference is on several things. cian, what did he diagnose? He imme- physician promptly, when she is having One is the scope of the bill, who should diately diagnosed that she had not just severe pain, she ought to be told to go the bill cover. an aortic aneurysm but a dissecting to the emergency room. Do not pass go, Well, we in the House voted over- aortic aneurysm, one that was rup- just go to the emergency room, do not whelmingly that these patient protec- turing. Now, that is a life-threatening collect $200. tions should cover all Americans, not condition. It requires complete adher- It is these kinds of problems that we just a few like are covered in the Sen- ence to a stringent test of protocols in are hearing about HMOs. In fact, right ate bill. Every American ought to have order to save the patient’s life. IVs at this moment one of my colleagues is access to patient protection so they are need to be put in, the patient needs to holding a press conference over in the not abused by their HMO. That is one be given pain medicine, that pain medi- Longworth Building where he has 24,000 of the issues. cine will help reduce the patient’s HMO complaints of abuse stacked up Another issue has to do with who de- blood pressure. If their blood pressure and piled up that have been gathered termines medical necessity. Well, in is too high, the medicine reduces the just in the last few months. 24,000. And, the House-passed version, we passed a blood pressure. Because the higher the believe me, that is a small number, be- bill that said, you know, if there is a blood pressure is the more pressure cause most of the problems do not get dispute you can go to an internal re- every beat of the heart places on that reported. view, then an external review, an inde- pendent panel, and the panel can make enlarging balloon that is in that pa- b tient’s abdomen. 1645 a decision free of conflict of interest That patient is a medical emergency. And so, what have we been doing here with the HMO and that that decision That patient needs to be transported in Congress? Well, after we passed a would be binding on the HMO, they immediately to an emergency room, strong patient protection bill here in would have to follow it. And if they did stabilized, and into the operating room the House with 275 votes back in Octo- not follow that recommendation on a in order to save that patient’s life. But ber, the Speaker did not even name the denial of care, then they could be sub- instead of calling 911 or arranging for conferees for a long time; and then the ject to a fine. And if a patient was in- advanced life support, and this is amaz- Republican conferees that were named jured because of their not taking the ing, Mrs. Utterback and her daughter from the House side, all except one, advice of that panel, then they could be were initially asked to drive them- had not even voted for the bill. subject to liability. selves to the emergency room. Imagine The two Republican authors of the Nothing like that in the Senate that. As a physician who has taken bill, the gentleman from Georgia (Mr. version, nothing has been dealt with on care of patients with this problem, to NORWOOD) and myself, were not even that issue in conference. suggest that this patient should hop named to the conference committee. Now, some people are starting to into the car and drive themselves there The Senate had passed a bill, which, think, well, maybe we ought to include and possibly collapse enroute is just, it charitably, could be argued an HMO some provisions from a substitute that is just beyond me. It is just beyond me. protection bill, not a patient protec- was debated on this House floor and The seriousness of Mrs. Utterback’s tion bill. It is so weak, it is worse than lost in regards to the liability. And diagnosis and condition were not even weak. And we have had months now that was the Goss-Coburn-Shadegg communicated to the Hayward Fire De- where the conference committee has managed care liability provision. It is partment or to the ambulance per- gotten virtually nothing done. And, full of flaws and loopholes. I sincerely sonnel. Chief Michael Jay of the Hay- furthermore, there has been no legisla- hope that the conference committee ward Fire Department, who had been tive language put out on even the non- would correct these loopholes and flaws dispatched to the scene, was not in- controversial items. And every day if they are looking at this. But more
VerDate 25-MAY-2000 01:37 May 26, 2000 Jkt 079060 PO 00000 Frm 00048 Fmt 4634 Sfmt 0634 E:\CR\FM\K25MY7.130 pfrm02 PsN: H25PT1 May 25, 2000 CONGRESSIONAL RECORD — HOUSE H3863 importantly, they just ought to adopt goes through the day, how many times matters and programmatic matters on the provisions that were in the bill did she phone the HMO to try to get behalf of the Congress. They are part of that passed the House. some resolution, did not get any help, our legislative branch. Agents from the But let me just read a couple of was not treated properly, finally ended GAO’s Office of Special Investigations them. The Goss-Coburn-Shadegg HMO up dying, being taken to surgery about used fake badges purchased over the liability provision creates a Federal 9 and dying the next day. Internet to get through security at two cause of action. Now, that is something You know what? She would have no airports and 19 Government offices, in- we did not do. We simply said, if there legal recourse under the Goss-Coburn- cluding the Central Intelligence Agen- is an injury, it goes back to be handled Shadegg liability provision because, cy, the Department of Justice, the Fed- in the State, like all other insurance well, you know what, she had not gone eral Bureau of Investigation, the State disputes do. through internal or external review. It Department, and the Department of The Goss-Coburn-Shadegg says other is just unfortunate for Mrs. Utterback, Defense. related claims could be brought in I guess, that she died before she could The relative ease with which the State court but not at the same time. bring it to review. But that does not General Accounting Office agents pene- That would create a procedural night- mean that that HMO should not be lia- trated security shows the vulnerability mare. Patients would be forced to bring ble. not only of these Government offices actions in both State and Federal re- That is why the California Depart- but of the public. lated to the same wrong, wasting judi- ment of Corporations fined that HMO The American public recognizes the cial resources and posing an undue bur- $1 million because of their negligent authority of the badge. They know den on them. actions. they can count on those men and The provision is unclear as to wheth- We need to fix this problem. We need women in law enforcement. er patients would be shut off from to address this. That is why we should The American public needs law en- bringing related causes of action be- have had a debate today on the Camp- forcement when they are in times of tween various courts. The provision is bell Quality Health Care Coalition Act, trouble and they are in need of help. vague whether a Federal court would which is one way to approach the prob- However, misuse of the badge reduces have supplemental jurisdiction of lem; and that is why the conference public trust in law enforcement and en- State law claims, thereby taking a pa- committee on HMO reform really dangers the public. Although there are State statutes tient’s State law claims away from a ought to get something done and soon. If they cannot move to some real against impersonating law enforce- State jury. That is one example. Here is another substantive decisions and agreements, ment officers, the threat of counterfeit problem with it. There was a provision then we need to start looking at other badges reaches across State lines. in that Goss-Coburn-Shadegg liability ways to move this legislation. This is Criminals can purchase fraudulent badges such as the ones used in this bill that required a certification of in- just too important for us for this to testing experiment by the agents of the jury by an external review panel that languish. There are millions of decisions being General Accounting Office. The crimi- could deny a patient’s Seventh Amend- made every day on people’s health care nals can purchase the badges over the ment constitutional rights. A defend- that are being interpreted to the dis- Internet and through mail order cata- ant HMO could apply to a second exter- advantage of patients because of an logues. nal review panel under the Goss- HMO’s ability to determine ‘‘medical Disturbingly easy access to these of- Coburn-Shadegg bill not involved in necessity.’’ ficial looking badges and the means to the external review decision to deter- I hope it does not happen to a mem- manufacture counterfeit badges calls mine issues of substantial harm and ber of your family or to a loved one of for strong, prompt action to protect proximate cause. These are traditional yours or to you. Unfortunately, it the public trust in those in law en- jury issues. could. All our constituents should be forcement who carry badges. If the external review panel, which phoning and writing their congressman I have introduced legislation, H.R. could be completely devoid of any legal and they should say, please, enough is 2633, the Police Badge Fraud Preven- expertise, determined that either sub- enough. Do not let this go anymore. tion Act, to achieve that goal. stantial harm has not occurred or that Come to a resolution. Work with the The Police Badge Fraud Prevention the HMO did not proximately cause the President. Get a strong Patients’ Bill Act would ban the interstate or foreign injury, then the patient’s action would of Rights passed this year, or we will trafficking of counterfeit badges and be dismissed unless the patient could hold you responsible at the voting genuine badges among those that are overcome such a finding by clear and booth. not authorized to be possessed by a convincing evidence. f genuine badge. The legislation com- Further, if a patient fails that bur- plements State statutes against imper- den, he or she is responsible for the ANNOUNCEMENT BY THE SPEAKER sonating a police officer, addressing in HMO’s attorney’s fees. The use of an PRO TEMPORE particular the problems posed by Inter- external appeal entity to establish cau- The SPEAKER pro tempore (Mr. net and mail order badge sales. sation or harm is unconstitutional. A SHIMKUS). Members will be reminded With the endorsement of multiple patient’s Seventh Amendment right to that their remarks in debate should be law enforcement agencies, including a trial by jury cannot be superseded, directed to the chair and not to the the Fraternal Order of Police, as well and external review panels cannot gallery or the listening audience. as the bipartisan support of my col- make decisions about injury and causa- f leagues, the Police Badge Fraud Pre- tion, which are reserved for our judi- vention Act can help protect the public cial system. POLICE BADGE PROTECTION ACT from criminals who use time honored There are many other problems with OF 1999 symbols of law enforcement for illegal that substitute. But one of them is The SPEAKER pro tempore. Under a purposes. this, and that is that the Goss-Coburn- previous order of the House, the gen- In light of the General Accounting Shadegg bill would force a patient to tleman from California (Mr. HORN) is Office investigation and in response to exhaust internal and external review. recognized for 5 minutes. the need to address the growing on-line To bring an action, a patient would Mr. HORN. Mr. Speaker, I rise today sales of counterfeit police badges, I have to exhaust current ERISA admin- to call attention to this morning’s strongly urge the House to pass the Po- istrative remedies and all internal and headlines in the National Press about lice Badge Fraud Prevention Act. external review processes, get this, the use of counterfeit badges in and un- f even when he or she has already suf- dercover investigation conducted by fered an injury or even die due to the the General Accounting Office at the BROAD BAND DEPLOYMENT HMO’s negligence. request of our colleague the gentleman The SPEAKER pro tempore. Under a Let us go back to Mrs. Utterback. from Florida (Mr. MCCOLLUM). previous order of the House, the gen- Mrs. Utterback started her problem at The General Accounting Office is the tleman from Louisiana (Mr. TAUZIN) is 8:15 in the morning when she phoned, arm of investigation on both financial recognized for 5 minutes.
VerDate 25-MAY-2000 01:37 May 26, 2000 Jkt 079060 PO 00000 Frm 00049 Fmt 4634 Sfmt 0634 E:\CR\FM\K25MY7.131 pfrm02 PsN: H25PT1 H3864 CONGRESSIONAL RECORD — HOUSE May 25, 2000 Mr. TAUZIN. Mr. Speaker, today we Now, something can happen to because much of the Internet service held the second of a series of hearings change that. Buried in the ground, con- flows over the telephone. As a result, on the issue of broad band deployment necting all the rural communities of this 3 percent tax collected originally in the Subcommittee on Telecommuni- America and much of the urban centers to fund the Spanish American War and cations. And in completing that hear- of our country are fiber optic cables left on the books for lo these many ing today, we arrived at a point where that have been laid by the telephone years had to go. over 200 Members of this House, I think companies, the Bell companies. But Today, the House joined in large 207 by today’s count, have endorsed and under Federal law, these cables, these numbers in repealing that tax. I want cosponsored H.R. 2420, which is a bill fiber optics that could connect little to congratulate the House in making designed to prevent from happening in towns across America to the high-speed that great decision today. In fact, a this country what so many people are trunk lines of this new broad band rev- study done by the Progress and Free- talking about, something called the olution cannot be used because the dom Foundation indicates that over digital divide. FCC literally will not allow the tele- the last 12 years, telephone taxes have b 1700 phone companies to get into the broad gone up in this country 62 percent, that telephone taxes, that taxes on the busi- It is a bill designed to ensure that all band business across what is called ness of talking to one another in this Americans have access to high-speed LATA lines. They may be State bound- country have risen a remarkable 62 broad band Internet services that are aries or lines drawn on a map inside a percent. That includes State, local and, being deployed in some parts of Amer- State that currently separates local of course, Federal taxes. When the ica. According to a study by Legg and long distance telephone calls. Mason, in the next 4 years about half of You should ask me what does local combination of all these taxes mount this country will have access to sev- and long distance telephone calls have up on a person’s telephone bill, it eral, not one, but several different pro- to do with the Internet and this broad means in effect that more and more viders of high-speed broad band serv- band revolution. I should tell you it people cannot afford to be on the Inter- ices. Now, for those of you who use the has very little to do with it. It only has net. In fact, the Progress and Freedom Internet, what we call the narrow band to do with voice communication, tele- Foundation estimates that well over 20 Internet, broad band Internet will be phone communications. But these old percent of America will not access the absolutely like day and night. It will laws that restrict the local telephone provide Americans with access to in- company from crossing those lines and Internet because of the high level of credibly high-speed data including both getting into long distance telephones telephone taxation. Now, what is ironic audio and visual images, in other also currently restrict the telephone about that is that we live in a country words, motion pictures, streamed over companies from connecting all the that prides itself on free speech. In the Internet in full realtime. small parts of America to the broad fact, the first amendment to our Con- It will open the door in short to in- band Internet. stitution is an amendment that pro- credible new opportunities in enter- It is time we lift those restrictions. tects American’s right to free speech, tainment, information, long distance In 1996, we tried to deregulate commu- in effect protects our right to free learning, and telemedicine and all the nications in America. We did a pretty speech against the Government infring- things that Americans look forward to good job, but we left the regulations in ing upon it. in terms of this telecommunications place on the local monopoly telephone I want you to think about that for a revolution. It will indeed open the door companies until there was enough com- second. In this wonderful free speech to new opportunities in electronic com- petition for telephone service in those society that prides itself and in fact merce for small businesses across local markets. We certainly did not in- brags about free speech around the America. But the ugly truth is that tend to stop the telephone companies world, we in America tax speech in this high-speed, fast-speed train that is from being a full-fledged competitor to many jurisdictions of our country more about to arrive and provide all these connect rural parts of America, small than we do tobacco. In other words, the wonderful services for about half of town America, urban center city Amer- taxes on telephones in many jurisdic- America will not arrive at all for about ica to the great advantages of this new tions of America are higher than the a quarter of Americans and will arrive age of communications, the broad band taxes on tobacco, which is supposed to only with one provider for another digital high-speed network. So House be a sin product. Speech is supposed to quarter of our great country. That bill 2420 will do just that, will lift those be honored and respected in America. means as far out as we can see, 4 years restrictions, will create competition, In this great House we honor and re- from now, fully half of our country will offer connection, connectivity for ev- spect the right of free speech in our have only one provider of these new eryone in this country. That means wonderful debates on the great issues services or no provider at all. ending the digital divide. of the day. Now, if you live in any part of Amer- Mr. Speaker, House bill 2420 needs to Yet our government taxes talking on ica that is not connected to this won- be passed. We are rapidly approaching a telephone so high that it amounts to derful high-speed broad band network, the point where over 218 Members of more than the taxes on tobacco in you are going to find out that not only this House will have signed on urging many parts of America. You would are you missing great opportunities its passage. think we would honor speech by get- but you may have to move. If you are f ting rid of those taxes, lowering those a small business not connected to some taxes; and so this House began today of these networks, and you cannot con- HOUSE VOTES TO REPEAL that process. By eliminating the 3 per- nect to the high-speed network in TELEPHONE EXCISE TAX cent excise tax on talking on tele- which your business should be con- (Mr. TAUZIN asked and was given phones, we hopefully have begun the nected because it is part of an integral permission to address the House for 1 process to honor and respect free e-commerce distribution system, you minute.) speech again in our society. Elimi- may find yourself having to leave a Mr. TAUZIN. Mr. Speaker, I am very nating this tax is going to save mil- small town in rural America that you pleased that today while I was con- lions of Americans many millions of grew up in and relocate your business ducting a hearing in the House Com- dollars over the years that unfortu- elsewhere, or you may find out you are mittee on Commerce on broad band nately has been taken from them as losing an awful lot of business. The legislation, that the House is moving they use their telephones or connect to problem for Americans is that the to pass an important piece of legisla- the Internet. quarter of Americans who will not have tion to help the Internet community More importantly, as we repeal this 3 any services generally live in rural and all telephone consumers of Amer- percent telephone tax, we will be mak- America or in urban center city por- ica. That was a bill to repeal the 3 per- ing access to the Internet more afford- tions of our country. So the urban poor cent telephone tax that has been on the able for many people in this country. and the rural poor of our country will books as we know on and off since the Think about telephone taxes another be the last to receive the benefits from Spanish American war. The telephone way. It is one of the most regressive this high-speed digital revolution. tax operates as a tax on the Internet forms of taxation you can possibly
VerDate 25-MAY-2000 01:37 May 26, 2000 Jkt 079060 PO 00000 Frm 00050 Fmt 4634 Sfmt 0634 E:\CR\FM\K25MY7.133 pfrm02 PsN: H25PT1 May 25, 2000 CONGRESSIONAL RECORD — HOUSE H3865 imagine, because we all use the tele- LEAVE OF ABSENCE 106th Congress, I move that the House phone. We use it to keep in touch with By unanimous consent, leave of ab- do now adjourn. our loved ones; we use it constantly in sence was granted to: The motion was agreed to. our businesses. Everyone uses the tele- The SPEAKER pro tempore (Mr. Mr. MINGE (at the request of Mr. GEP- phone. And in a real sense, when you SHIMKUS). Pursuant to House Concur- HARDT) for today on account of medical rent Resolution 336, 106th Congress, the talk about taxes being progressive or reasons. regressive, this is the most regressive House stands adjourned until 10:30 a.m. Mr. WEINER (at the request of Mr. tax that I can possibly imagine. Every- on Tuesday, June 6, 2000, for morning GEPHARDT) for before 1:00 p.m. May 24 body pays it. The poorest of Americans hour debates. and today on account of personal busi- who use the telephone pay a higher Thereupon (at 5 o’clock and 14 min- ness. percentage of taxes with telephone utes p.m.), pursuant to House Concur- Mr. BATEMAN (at the request of Mr. taxes than they do in any other form. rent Resolution 336, the House ad- So this House really has done Amer- ARMEY) for today on account of attend- journed until Tuesday, June 6, 2000, at ica a great favor. I am proud tell you ing a funeral. 10:30 a.m. for morning hour debates. that it was in 1998 that the gentle- Mr. MCINNIS (at the request of Mr. f woman from Washington (Ms. DUNN) ARMEY) for today on account of his EXECUTIVE COMMUNICATIONS, and I filed the first bill to repeal the daughter’s high school graduation. ETC. Spanish American 3 percent telephone f Under clause 8 of rule XII, executive tax. It has taken a few years, but this SPECIAL ORDERS GRANTED House today agreed with us. We are de- communications were taken from the lighted in fact that the House has now By unanimous consent, permission to Speaker’s table and referred as follows: sent to the Senate a bill to end this address the House, following the legis- 7840. A letter from the Senior Banking 100-year-old Spanish American War lative program and any special orders Counsel, Office of the General Counsel, De- tax. I want you to know the Spanish heretofore entered, was granted to: partmental Offices, Department of the (The following Members (at the re- Treasury, transmitting the Department’s can breathe easy tonight. The war is final rule—Financial Subsidiaries (RIN: 1505– quest of Mrs. CAPPS) to revise and ex- over. We have ended collecting a tax AA77) received March 22, 2000, pursuant to 5 that ran that war. We should be very tend their remarks and include extra- U.S.C. 801(a)(1)(A); to the Committee on proud in fact that we are finally taking neous material:) Banking and Financial Services. the right path in making both tele- Mrs. CAPPS, for 5 minutes, today. 7841. A letter from the Chairman, Federal phone and Internet service more afford- Mr. PALLONE, for 5 minutes, today. Financial Institutions Examination Council, able for people and getting rid of some Mr. RUSH, for 5 minutes, today. transmitting the 1999 Annual Report, pursu- of this heavy burden of excessive and Mr. UNDERWOOD, for 5 minutes, today. ant to 12 U.S.C. 3305; to the Committee on Banking and Financial Services. regressive taxation on the folks in Mrs. MINK of Hawaii, for 5 minutes, 7842. A letter from the Assistant General America who use the telephone. today. Counsel for Regulatory Law, Office of Pro- We have only just begun. As we go Mr. BROWN of Ohio, for 5 minutes, curement and Assistance Management, De- through the process of trying to make today. partment of Energy, transmitting the De- sure that the Internet is free and acces- (The following Members (at the re- partment’s final rule—Acquisition Regula- sible for more and more people, free of quest of Mrs. BIGGERT) to revise and tion: Financial Management Clauses for these heavy taxation burdens, our com- extend their remarks and include ex- Management and Operating (M&O) Contracts mittee and the Committee on Ways and traneous material:) (RIN: 1991–AB02) received April 28, 2000, pur- Means will continue to see whether or suant to 5 U.S.C. 801(a)(1)(A); to the Com- Mrs. BIGGERT, for 5 minutes, today. mittee on Commerce. not we can hopefully give Americans Mr. GUTKNECHT, for 5 minutes, today. 7843. A letter from the Assistant General even more relief from taxation. In that (The following Members (at their own Counsel for Regulatory Law, Office of Pro- regard, Mr. Speaker, our efforts will request) to revise and extend their re- curement and Assistance Managment, De- continue. We are going to look seri- marks and include extraneous mate- partment of Energy, transmitting the De- ously at possibly putting some kind of rial:) partment’s final rule—Acquisition Letter; limitation on the FCC’s ability to con- Mr. HORN, for 5 minutes, today. Small Business Programs—received April 28, 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to the stantly raise taxes’, and one day just Mr. TAUZIN, for 5 minutes, today. Committee on Commerce. hopefully one day we will honor and re- f 7844. A letter from the Deputy Executive spect free speech in America the way Secretary, FDA, Department of Health and our forefathers intended. SENATE BILL AND CONCURRENT Human Services, transmitting the Depart- f RESOLUTION REFERRED ment’s final rule—Revision of the Require- ments Applicable to Albumin (Human), Plas- MESSAGE FROM THE SENATE A bill and a concurrent resolution of the Senate of the following titles were ma Protein Fraction (Human), and Immune A message from the Senate by Mr. Globulin (Human) [Docket No. 98N–0608] re- taken from the Speaker’s table and, ceived April 18, 2000, pursuant to 5 U.S.C. Lundregan, one of its clerks, an- under the rule, referred as follows: nounced that the Senate has passed 801(a)(1)(A); to the Committee on Commerce. without amendment a concurrent reso- S. 484. An act to provide for the granting of 7845. A letter from the Deputy Executive refugee status in the United States to na- Secretary, FDA, Department of Health and lution of the House of the following tionals of certain foreign countries in which Human Services, transmitting the Depart- title: American Vietnam War POW/MIAs or Amer- ment’s final rule—Quality Mammography H. Con. Res. 336. Concurrent resolution ican Korean War POW/MIAs may be present, Standards [Docket No. 99N–1502] received providing for a conditional adjournment of if those nationals assist in the return to the April 18, 2000, pursuant to 5 U.S.C. the House of Representatives and a condi- United States of those POW/MIAs alive; to 801(a)(1)(A); to the Committee on Commerce. tional recess or adjournment of the Senate. the Committee on the Judiciary in addition 7846. A letter from the Deputy Executive The message also announced that the to the Committee on International Relations Secretary, National Institutes of Health, De- Senate agrees to the report of the com- for a period to be subsequently determined partment of Health and Human Services, mittee of conference on the disagreeing by the Speaker, in each case for consider- transmitting the Department’s final rule— Service Fellowships (RIN: 0991–AA96) re- votes of the two Houses on the amend- ation of such provisions as fall within the ju- risdiction of the committee concerned. ceived April 18, 2000, pursuant to 5 U.S.C. ment of the Senate to the bill (H.R. S. Con. Res. 110. Concurrent resolution 801(a)(1)(A); to the Committee on Commerce. 2559) ‘‘An Act to amend the Federal congratulating the Republic of Latvia on the 7847. A letter from the Director, Regula- Crop Insurance Act to strengthen the tenth anniversary of the reestablishment of tions Policy Management Staff, FDA, De- safety net for agricultural producers by its independence from the rule of the former partment of Health and Human Services, providing greater access to more af- Soviet Union; to the Committee on Inter- transmitting the Department’s final rule— fordable risk management tools and national Relations. Indirect Food Additives: Adhesives and Com- ponents of Coatings and Paper and Paper- improved protection from production f board Components [Docket No. 99F–0925] re- and income loss, to improve the effi- ADJOURNMENT ceived April 18, 2000, pursuant to 5 U.S.C. ciency and integrity of the Federal 801(a)(1)(A); to the Committee on Commerce. crop insurance program, and for other Mr. TAUZIN. Mr. Speaker, pursuant 7848. A letter from the Deputy Assistant purposes.’’. to House Concurrent Resolution 336, Administrator, Office of Diversion Control,
VerDate 25-MAY-2000 01:37 May 26, 2000 Jkt 079060 PO 00000 Frm 00051 Fmt 4634 Sfmt 0634 E:\CR\FM\K25MY7.135 pfrm02 PsN: H25PT1 H3866 CONGRESSIONAL RECORD — HOUSE May 25, 2000 DEA, Department of Justice, transmitting and Atmospheric Administration, transmit- Amendment 39–11665; AD 2000–07–11] (RIN: the Department’s final rule—Schedules of ting the 2000 Annual Report Regarding High- 2120–AA64) received April 28, 2000, pursuant Controlled Substances: Exempt Anabolic ly Migratory Species, pursuant to 16 U.S.C. to 5 U.S.C. 801(a)(1)(A); to the Committee on Steroid Products [DEA No. 1871] (RIN: 1117– 971; to the Committee on Resources. Transportation and Infrastructure. AA51) received March 22, 2000, pursuant to 5 7859. A letter from the Deputy Assistant 7868. A letter from the Director, Office of U.S.C. 801(a)(1)(A); to the Committee on Administrator, National Ocean Service, Na- Regulatory Management and Information, Commerce. tional Oceanic and Atmospheric Administra- Environmental Protection Agency, transmit- 7849. A letter from the Legal Advisor, tion, transmitting the Administration’s final ting the Agency’s final rule—Allocation of Cable Services Bureau, Federal Communica- rule—Announcement of Opportunity to sub- Fiscal Year 2000 Operator Training Grants— tions Commission, transmitting the Com- mit proposals for the Coastal Ecosystem Re- received April 24, 2000, pursuant to 5 U.S.C. mission’s final rule—Implementation of the search Project in the Northern Gulf of Mex- 801(a)(1)(A); to the Committee on Transpor- Satellite Home Viewer Improvement Act of ico [Docket No. 000202023–0023–01; I.D. No. tation and Infrastructure. 1999; Retransmission Consent Issues: Good 01100B] (RIN: 0648–ZA78) received April 4, 7869. A letter from the Assistant Secretary Faith Negotiation and Exclusivity [CS Dock- 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to the for Planning and Analysis, Department of et No. 99–363] received March 23, 2000, pursu- Committee on Resources. Veterans Affairs, transmitting a draft bill to ant to 5 U.S.C. 801(a)(1)(A); to the Committee 7860. A letter from the Deputy Assistant amend title 38, United States Code, to des- on Commerce. Administrator, National Ocean Service, Na- ignate members of the Board of Veterans’ 7850. A letter from the Deputy Secretary, tional Oceanic and Atmospheric Administra- Appeals (Board) as veterans law judges and Division of Investment Management, Securi- tion, transmitting the Administration’s final to clarify the beginning of the period in ties and Exchange Commission, transmitting rule—Announcement of Funding Oppor- which Board decisions can be appealed to the the Commission’s final rule—Custody of In- tunity for research project grants and coop- United States Court of Appeals for Veterans vestment Company Assets Outside of the erative agreements [Docket No. 000127019– Claims (Court); to the Committee on Vet- United States (RIN: 3235–AH55) received 0019–01; I.D. No. 011000D] (RIN: 0648–ZA77) re- erans’ Affairs. April 28, 2000, pursuant to 5 U.S.C. ceived April 4, 2000, pursuant to 5 U.S.C. 7870. A letter from the Chief, Regulations 801(a)(1)(A); to the Committee on Commerce. 801(a)(1)(A); to the Committee on Resources. Unit, Internal Revenue Service, transmitting 7851. A letter from the Lieutenant General, 7861. A letter from the Deputy Assistant the Service’s final rule—National Median In- USA, Director, Defense Security Cooperation Administrator, National Ocean Service, Na- come—2000 [Rev. Procedure 2000–21] received Agency, transmitting notification con- tional Oceanic and Atmospheric Administra- April 24, 2000, pursuant to 5 U.S.C. cerning the Department of the Air Force’s tion, transmitting the Administration’s final 801(a)(1)(A); to the Committee on Ways and Proposed Letter(s) of Offer and Acceptance rule—Announcement of Funding Oppor- Means. (LOA) to Greece for defense articles and tunity for the South Florida Ecosystem Res- 7871. A letter from the Acting Secretary, services (Transmittal No. 00–33), pursuant to toration Prediction and Modeling Program Department of State, transmitting the 1999 22 U.S.C. 2776(b); to the Committee on Inter- and the South Florida Living Marine Re- Annual Report on United Nations voting national Relations. sources Program [Docket No. 000202024– practices, pursuant to 22 U.S.C. 2414a; jointly 7852. A letter from the Chairman, Council 002240–01; I.D. No. 011000C] (RIN: 0648–ZA79) to the Committees on International Rela- of the District of Columbia, transmitting a received April 4, 2000, pursuant to 5 U.S.C. tions and Appropriations. copy of D.C. Act 13–157, ‘‘Sense of the Coun- 801(a)(1)(A); to the Committee on Resources. 7872. A letter from the Acting Assistant cil on Congressional Ban on Handguns and 7862. A letter from the Assistant Attorney Secretary for Economic Development, De- Assault-Style Weapons Resolution of 1999’’ General, Department of Justice, transmit- partment of Commerce, transmitting the De- received May 24, 2000, pursuant to D.C. Code ting a draft legislative proposal entitled, partment’s final rule —Revision to Imple- section 1–233(c)(1); to the Committee on Gov- ‘‘To Amend section 249 of the Immigration ment Economic Development Reform Act of ernment Reform. and Nationality Act and for other pur- 1998–Grant Rate Eligibility: Disaster Assist- 7853. A letter from the Office of the Trust- poses.’’; to the Committee on the Judiciary. ance Based on High Unemployment [Docket 7863. A letter from the Deputy Assistant ee, Court Services and Offender Supervision No. 990106003–9157–02] (RIN: 0610–AA56) re- Administrator, Office of Diversion Control, Agency for the District of Columbia, trans- ceived April 11, 2000, pursuant to 5 U.S.C. DEA, Department of Justice, transmitting mitting the Fiscal Year 1999 Performance 801(a)(1)(A); jointly to the Committees on the Department’s final rule—Temporary Ex- Report; to the Committee on Government Transportation and Infrastructure and Bank- emption From Chemical Registration for Reform. ing and Financial Services. 7854. A letter from the Acting Assistant Distributors of Pseudoephedrine and Phenyl- 7873. A letter from the Deputy Executive Attorney General, Office of Justice Pro- propanolamine Products [DEA Number 168] Secretary, Health Care Financing Adminis- grams, Department of Justice, transmitting (RIN: 1117–AA46) received March 22, 2000, pur- tration, Department of Health and Human the Department’s final rule—Uniform Ad- suant to 5 U.S.C. 801(a)(1)(A); to the Com- Services, transmitting the Department’s ministrative Requirements for Grants and mittee on the Judiciary. final rule—Medicare Program; Telephone Re- Agreements With Institutions of Higher Edu- 7864. A letter from the Program Analyst, quests for Review of Part B Initial Claim De- cation, Hospitals, and Other Non-Profit Or- FAA, Department of Transportation, trans- terminations [HCFA–4121–FC] (RIN: 0938– ganizations—received April 28, 2000, pursuant mitting the Department’s final rule—Air- AG48) received April 18, 2000, pursuant to 5 to 5 U.S.C. 801(a)(1)(A); to the Committee on worthiness Directives; Fokker Model F.28 U.S.C. 801(a)(1)(A); jointly to the Committees Government Reform. Mark 0070 and 0100 Series Airplanes [Docket on Ways and Means and Commerce. 7855. A letter from the Acting Deputy Asso- No. 99–NM–369–AD; Amendment 39–11679; AD 7874. A letter from the Deputy Executive ciate Administrator, Office of Acquisition 2000–07–24] (RIN: 2120–AA64) received April 28, Secretary, Health Care Financing Adminis- Policy, GSA, National Aeronautics and 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to the tration, Department of Health and Human Space Administration, transmitting the Ad- Committee on Transportation and Infra- Services, transmitting the Department’s ministration’s final rule—Federal Acquisi- structure. final rule—Medicare Program; Solvency tion Regulation; Small Business Competi- 7865. A letter from the Program Analyst, Standards for Provider-Sponsored Organiza- tiveness Demonstration Program [FAC 97–16; FAA, Department of Transportation, trans- tions [HCFA–1011–F] (RIN: 0938–AI83) re- FAR Case 1999–012; Item I] (RIN: 9000–AI64) mitting the Department’s final rule—Air- ceived April 18, 2000, pursuant to 5 U.S.C. received April 27, 2000, pursuant to 5 U.S.C. worthiness Directives; Airbus Model A300–600 801(a)(1)(A); jointly to the Committees on 801(a)(1)(A); to the Committee on Govern- Series Airplanes [Docket No. 98–NM–78–AD; Ways and Means and Commerce. ment Reform. Amendment 39–11676; AD 2000–07–22] (RIN: 7856. A letter from the Acting Deputy Asso- 2120–AA64) received April 28, 2000, pursuant f ciate Administrator, Office of Acquisition to 5 U.S.C. 801(a)(1)(A); to the Committee on Policy, GSA, National Aeronautics and Transportation and Infrastructure. REPORTS OF COMMITTEES ON Space Administration, transmitting the Ad- 7866. A letter from the Program Analyst, PUBLIC BILLS AND RESOLUTIONS ministration’s final rule—Federal Acquisi- FAA, Department of Transportation, trans- Under clause 2 of rule XIII, reports of tion Circular 97–16; Introduction—received mitting the Department’s final rule—Air- committees were delivered to the Clerk worthiness Directives; Airbus Model A300–600 April 27, 2000, pursuant to 5 U.S.C. for printing and reference to the proper 801(a)(1)(A); to the Committee on Govern- and A310 Series Airplanes [Docket No. 99– ment Reform. NM–82–AD; Amendment 39–11612; AD 2000–05– calendar, as follows: 7857. A letter from the Deputy Archivist, 03] (RIN: 2120–AA64) received April 28, 2000, Mr. GOODLING: Committee on Education National Archives and Records Administra- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- and the Workforce. H.R. 4402. A bill to amend tion, transmitting the Administration’s final mittee on Transportation and Infrastruc- the American Competitiveness and Work- rule—Elimination of Requirement to Rewind ture. force Improvement Act of 1998 to improve Computer Tapes (RIN: 3095–AA94) received 7867. A letter from the Program Analyst, the use of amounts deposited into the H–1B April 28, 2000, pursuant to 5 U.S.C. FAA, Department of Transportation, trans- Nonimmigrant Petitioner Account for dem- 801(a)(1)(A); to the Committee on Govern- mitting the Department’s final rule—Air- onstration programs and projects to provide ment Reform. worthiness Directives; Industrie technical skills training for occupations for 7858. A letter from the Director, National Aeronautiche e Meccaniche Model Piaggo P– which there is a high demand for skilled Marine Fisheries Service, National Oceanic 180 Airplanes [Docket No. 99–CE–65–AD; workers, and for other purposes; with an
VerDate 25-MAY-2000 01:37 May 26, 2000 Jkt 079060 PO 00000 Frm 00052 Fmt 4634 Sfmt 0634 E:\CR\FM\L25MY7.000 pfrm02 PsN: H25PT1 May 25, 2000 CONGRESSIONAL RECORD — HOUSE H3867 amendment (Rept. 106–642). Referred to the or older to make catchup contributions By Mrs. BIGGERT (for herself and Mr. Committee of the Whole House on the State under individual retirement plans; to the ROGAN): of the Union. Committee on Ways and Means. H.R. 4553. A bill to combat club drug traf- Mr. TALENT: Committee on Small Busi- By Mr. RYAN of Wisconsin: ficking, distribution, and abuse in the United ness. H.R. 1882. A bill to amend provisions of H.R. 4547. A bill to provide a waiver of cer- States, and for other purposes; to the Com- tain nurse aide training requirements for law enacted by the Small Business Regu- mittee on the Judiciary, and in addition to specially trained individuals who perform latory Enforcement Fairness Act of 1996 to the Committee on Commerce, for a period to certain specific nursing-related tasks in ensure full analysis of potential impacts on be subsequently determined by the Speaker, Medicare and Medicaid nursing facilities; to small entities of rules proposed by certain in each case for consideration of such provi- the Committee on Ways and Means, and in agencies, and for other purposes (Rept. 106– sions as fall within the jurisdiction of the 643 Pt. 1). Ordered to be printed. addition to the Committee on Commerce, for a period to be subsequently determined by committee concerned. f the Speaker, in each case for consideration By Mr. BORSKI (for himself, Mr. BRADY of Pennsylvania, Mr. FATTAH, PUBLIC BILLS AND RESOLUTIONS of such provisions as fall within the jurisdic- tion of the committee concerned. Mr. MURTHA, Mr. SHUSTER, Mr. Under clause 2 of rule XII, public By Mr. POMBO (for himself, Mr. KLINK, Mr. PETERSON of Pennsyl- vania, Mr. HOLDEN, Mr. WELDON of bills and resolutions of the following CHAMBLISS, Mr. HASTINGS of Wash- Pennsylvania, Mr. GREENWOOD, Mr. titles were introduced and severally re- ington, Mr. PITTS, Mr. CALVERT, Mr. SHERWOOD, Mr. KANJORSKI, Mr. ferred, as follows: WEXLER, Mr. MARTINEZ, Mr. RADANO- VICH, Mr. NUSSLE, Mr. BOEHNER, Mr. HOEFFEL, Mr. COYNE, Mr. TOOMEY, By Mr. LAFALCE: MCCOLLUM, Mr. KINGSTON, Mr. DOO- Mr. PITTS, Mr. GEKAS, Mr. DOYLE, H.R. 4540. A bill to amend the Consumer LITTLE, Mr. FOLEY, Mrs. CHENOWETH- Mr. GOODLING, Mr. MASCARA, and Mr. Credit Protection Act to enhance the adver- HAGE, Mrs. BONO, and Mr. KOLBE): ENGLISH): tising of the terms and costs of consumer H.R. 4548. A bill to establish a pilot pro- H.R. 4554. A bill to redesignate the facility automobile leases, to permit consumer com- gram creating a system of registries of tem- of the United States Postal Service located parison of advertised lease offerings, and for porary agricultural workers to provide for a at 1602 Frankford Avenue in Philadelphia, other purposes; to the Committee on Bank- sufficient supply of such workers, to amend Pennsylvania, as the ‘‘Joseph F. SMITH Post ing and Financial Services. the Immigration and Nationality Act to Office Building’’; to the Committee on Gov- By Mr. EWING: streamline procedures for the temporary ad- ernment Reform. H.R. 4541. A bill to reauthorize and amend mission and extension of stay of non- By Mr. BROWN of Ohio: the Commodity Exchange Act to promote immigrant agricultural workers under the H.R. 4555. A bill to provide for a 6-year legal certainty, enhance competition, and re- pilot program, and for other purposes; to the duce systemic risk in markets for futures Committee on the Judiciary, and in addition demonstration project to stabilize coverage and over-the-counter derivatives, and for to the Committee on Education and the and benefits under the MedicareChoice Pro- other purposes; to the Committee on Agri- Workforce, for a period to be subsequently gram; to the Committee on Ways and Means, culture, and in addition to the Committees determined by the Speaker, in each case for and in addition to the Committee on Com- on Banking and Financial Services, and consideration of such provisions as fall with- merce, for a period to be subsequently deter- Commerce, for a period to be subsequently in the jurisdiction of the committee con- mined by the Speaker, in each case for con- determined by the Speaker, in each case for cerned. sideration of such provisions as fall within consideration of such provisions as fall with- By Mr. ADERHOLT (for himself, Mr. the jurisdiction of the committee concerned. in the jurisdiction of the committee con- BACHUS, Mr. RILEY, Mrs. EMERSON, By Mr. CAMP (for himself, Mr. cerned. Mr. SANDLIN, Mr. GILCHREST, Mr. HAYWORTH, Mr. KILDEE, Mr. PETER- By Mr. GOODLING (for himself, Mr. OBERSTAR, Mr. MCHUGH, Mr. SON of Minnesota, Mr. SHADEGG, Mr. KLECZKA, and Mr. FOLEY): REGULA, Mr. DAVIS of Virginia, Mrs. BALDACCI, and Mr. TOWNS): MORELLA, Ms. NORTON, Mr. MORAN of H.R. 4549. A bill to amend title XVIII of the H.R. 4556. A bill to amend the Internal Rev- Virginia, and Mr. DICKS): Social Security Act to provide for payment enue Code of 1986 to treat for unemployment H.R. 4542. A bill to designate the Wash- under the Medicare Program for ambulance compensation purposes Indian tribal govern- ington Opera in Washington, D.C., as the Na- services for the transportation of Medicare ments the same as State or local units of tional Opera; to the Committee on Education beneficiaries to certain rural outpatient fa- government or as nonprofit organizations; to and the Workforce. cilities; to the Committee on Commerce, and the Committee on Ways and Means. By Mr. HYDE (for himself, Mr. CON- in addition to the Committee on Ways and By Mr. COBURN: Means, for a period to be subsequently deter- YERS, Mr. CAMP, Mr. CARDIN, Mr. H.R. 4557. A bill to amend the Social Secu- mined by the Speaker, in each case for con- FOLEY, Mr. LEWIS of Georgia, Mr. sideration of such provisions as fall within rity Act to waive the 24-month waiting pe- SAM JOHNSON of Texas, Mrs. THUR- the jurisdiction of the committee concerned. riod for Medicare coverage of individuals dis- MAN, Mr. CANADY of Florida, Mr. By Mr. BARR of Georgia (for himself, abled with acquired immune deficiency syn- SCOTT, Mr. HUTCHINSON, and Ms. drome (AIDS), and to provide Medicare cov- Mr. CRAMER, Mr. WAMP, Mrs. MYRICK, JACKSON-LEE of Texas): erage of drugs used for treatment of AIDS; to Mr. PRICE of North Carolina, and Mr. H.R. 4543. A bill to amend the Internal Rev- the Committee on Ways and Means, and in enue Code of 1986 to provide relief for pay- COLLINS): H.R. 4550. A bill to provide grants to law addition to the Committee on Commerce, for ment of asbestos-related claims; to the Com- enforcement agencies that ensure that law a period to be subsequently determined by mittee on Ways and Means. enforcement officers employed by such agen- the Speaker, in each case for consideration By Mr. MANZULLO: cy are afforded due process when involved in of such provisions as fall within the jurisdic- H.R. 4544. A bill to provide standards for a case that may lead to dismissal, demotion, tion of the committee concerned. the enactment of Federal crimes, to sunset suspension, or transfer; to the Committee on By Mr. COOK: those Federal crimes that do not meet those the Judiciary. H.R. 4558. A bill to amend the Reclamation standards, and for other purposes; to the By Mr. BASS: Projects Authorization and Adjustment Act Committee on the Judiciary, and in addition H.R. 4551. A bill to repeal the 1993 increase of 1992 to modify the City of West Jordon, to the Committee on Rules, for a period to be in tax on Social Security benefits and to de- Utah, Reuse Project to include recycling and subsequently determined by the Speaker, in velop and apply a Consumer Price Index that reuse of naturally impaired surface water; to each case for consideration of such provi- accurately reflects the cost-of-living for the Committee on Resources. sions as fall within the jurisdiction of the older Americans who receive Social Security By Mr. CROWLEY (for himself, Mr. committee concerned. benefits under title II of the Social Security CAMPBELL, Mr. MEEKS of New York, By Mr. ISTOOK (for himself, Mr. Act; to the Committee on Ways and Means, Ms. LEE, Mr. ABERCROMBIE, Mr. DICKEY, Mr. FRANKS of New Jersey, and in addition to the Committees on Edu- ENGEL, Ms. JACKSON-LEE of Texas, Mrs. MYRICK, Mr. SOUDER, Mr. cation and the Workforce, and Rules, for a Mrs. NAPOLITANO, Ms. SCHAKOWSKY, TANCREDO, and Mr. TERRY): period to be subsequently determined by the and Mr. GUTIERREZ): H.R. 4545. A bill to require public schools Speaker, in each case for consideration of H.R. 4559. A bill to extend the Brady Law and libraries that receive Federal funds for such provisions as fall within the jurisdic- to firearms won in lotteries; to the Com- the acquisition or operation of computers to tion of the committee concerned. mittee on the Judiciary. install software to protect children from ob- By Mr. BEREUTER (for himself, Mr. By Mrs. CUBIN (for herself, Mrs. scenity; to the Committee on Education and ENGLISH, Mr. DICKEY, and Mr. BAR- CHENOWETH-HAGE, Mr. HILL of Mon- the Workforce. RETT of Nebraska): By Mr. WELLER (for himself, Mr. JEF- H.R. 4552. A bill to amend the Internal Rev- tana, Mr. SIMPSON, Mr. WALDEN of FERSON, Ms. PRYCE of Ohio, Mrs. enue Code of 1986 to provide a higher pur- Oregon, Mr. DOOLITTLE, Mr. STUMP, KELLY, Mr. SESSIONS, and Mr. GREEN chase price limitation applicable to mort- Mr. THUNE, and Mr. POMBO): of Wisconsin): gage subsidy bonds based on median family H.R. 4560. A bill to provide for the use of H.R. 4546. A bill to amend the Internal Rev- income; to the Committee on Ways and snowmobiles in National parks; to the Com- enue Code of 1986 to permit individuals age 50 Means. mittee on Resources.
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By Mr. ENGLISH: method for computing certain annuities California, Mr. JACKSON of Illinois, H.R. 4561. A bill to amend the Internal Rev- under the Civil Service Retirement System Mr. KUCINICH, Ms. LEE, Mrs. MALONEY enue Code of 1986 to prevent unintended dis- which are based (in whole or in part) on part- of New York, Mrs. MORELLA, Mr. qualification of trusts as electing small busi- time service, and for other purposes; to the OLVER, Ms. PELOSI, Ms. RIVERS, Ms. ness trusts; to the Committee on Ways and Committee on Government Reform. SCHAKOWSKY, Mrs. TAUSCHER, and Mr. Means. By Ms. PRYCE of Ohio (for herself, Mr. GALLEGLY): By Mr. ETHERIDGE (for himself and LEWIS of Georgia, Mr. ABERCROMBIE, H. Con. Res. 338. Concurrent resolution ex- Mrs. CLAYTON): Mr. ANDREWS, Mr. BECERRA, Mr. pressing the sense of the Congress regarding H.R. 4562. A bill to amend the Internal Rev- BLAGOJEVICH, Mr. CAMPBELL, Mr. the link between violence against animals enue Code of 1986 to increase the maximum DIXON, Mr. EVERETT, Mr. FROST, Mr. and violence against humans and urging estate tax deduction for family-owned busi- GEJDENSON, Mrs. JOHNSON of Con- greater emphasis upon identifying and treat- ness interests; to the Committee on Ways necticut, Mr. LARSON, Ms. LEE, Mr. ing individuals who are guilty of violence and Means. MATSUI, Mrs. MORELLA, Ms. NORTON, against animals, which is a crime in its own By Mr. GREEN of Texas (for himself Ms. PELOSI, Mr. PETRI, Mr. RAMSTAD, right in all 50 States, in order to prevent vio- and Mr. QUINN): Mr. RANGEL, Mr. RODRIGUEZ, Mr. lence against humans and urging research to H.R. 4563. A bill to amend title XXVII of SANDERS, Mrs. THURMAN, Mr. TRAFI- increase understanding of the connection be- the Public Health Service Act and title I of CANT, Ms. VELAZQUEZ, Mr. VENTO, Mr. tween cruelty to animals and violence the Employee Retirement Income Security Act of 1974 to require that group and indi- WEXLER, and Mr. WISE): against humans; to the Committee on Com- H.R. 4570. A bill to amend the Internal Rev- vidual health insurance coverage and group merce, and in addition to the Committees on enue Code of 1986 to exclude from gross in- health plans provide comprehensive coverage Agriculture, and the Judiciary, for a period come amounts received on account of claims for childhood immunization; to the Com- to be subsequently determined by the Speak- mittee on Commerce, and in addition to the based on certain unlawful discrimination and er, in each case for consideration of such pro- Committee on Education and the Workforce, to allow income averaging for backpay and visions as fall within the jurisdiction of the for a period to be subsequently determined frontpay awards received on account of such committee concerned. by the Speaker, in each case for consider- claims, and for other purposes; to the Com- By Mr. LANTOS (for himself, Mr. GIL- ation of such provisions as fall within the ju- mittee on Ways and Means. MAN, Mr. BEREUTER, Mr. SMITH of risdiction of the committee concerned. By Mr. SHAW (for himself and Mrs. New Jersey, Mr. ACKERMAN, Mr. By Mr. HOEFFEL (for himself and Mr. THURMAN): SALMON, Mr. PITTS, Mr. H.R. 4571. A bill to amend title XVIII of the MALONEY of Connecticut): FALEOMAVAEGA, and Mr. ROHR- H.R. 4564. A bill to amend the Elementary Social Security Act to provide for coverage ABACHER): and Secondary Education Act of 1965, to re- under the Medicare Program of annual H. Con. Res. 339. Concurrent resolution authorize and make improvements to that screening pap smear and screening pelvic expresing the sense of the Congress con- Act, and for other purposes; to the Com- exams; to the Committee on Commerce, and cerning recent manifestations of official pol- mittee on Education and the Workforce. in addition to the Committee on Ways and icy directed against the independent media By Ms. HOOLEY of Oregon (for herself Means, for a period to be subsequently deter- in Russia and expressing concern for the con- and Mr. WELDON of Pennsylvania): mined by the Speaker, in each case for con- tinued functioning of the independent media H.R. 4565. A bill to amend the Safe and sideration of such provisions as fall within in Russia; to the Committee on Inter- Drug-Free Schools and Communities Act of the jurisdiction of the committee concerned. national Relations. 1994 to prevent the abuse of inhalants By Mr. SKEEN: By Mr. ANDREWS (for himself, Mr. through programs under that Act, and for H.R. 4572. A bill to eliminate the regional BILIRAKIS, Mr. KLINK, Mrs. MALONEY other purposes; to the Committee on Edu- system of organizing the National Forest of New York, Mr. PAYNE, Mr. cation and the Workforce. System and to replace the regional offices of BLAGOJEVICH, Mr. MCGOVERN, Mr. By Mr. KLINK (for himself, Mr. VIS- the Forest Service with State offices; to the SHERMAN, Mr. CROWLEY, Mr. FILNER, CLOSKY, Mr. MURTHA, Mr. BALDACCI, Committee on Agriculture. Mr. KNOLLENBERG, Ms. ROS- Mr. COYNE, Mr. HOLDEN, Mr. MAS- By Mr. SPENCE (for himself, Mr. LEHTINEN, Mr. MCNULTY, Mr. COYNE, CARA, Mr. DOYLE, and Mr. BRADY of SPRATT, and Mr. DEMINT): and Mr. ACKERMAN): Pennsylvania): H.R. 4573. A bill to amend the Harmonized H. Con. Res. 340. Concurrent resolution ex- H.R. 4566. A bill to set standards for radio- Tariff Schedule of the United States to pro- pressing the sense of the Congress regarding active contamination content in both the do- vide for duty free treatment on certain man- Turkey’s claims of sovereignty over islands mestic and international metals industry, to ufacturing equipment; to the Committee on and islets in the Aegean Sea; to the Com- prohibit the release of radioactively con- Ways and Means. mittee on International Relations. taminated scrap metal by the Department of By Mr. UDALL of New Mexico: By Mr. FOLEY: H.R. 4574. A bill to authorize the Secretary Energy and nuclear fuel production, utiliza- H. Con. Res. 341. Concurrent resolution ex- of the Interior to make compensation for tion, and fabrication facilities, and to re- pressing the sense of Congress regarding the damages arising from a prescribed burn on quire all nations exporting metals into the guaranteed coverage of medically appro- the Bandelier National Monument in the United States to certify and document the priate actinic keratoses treatment and re- State of New Mexico; to the Committee on amount of radioactive contamination of any moval under the Medicare Program; to the the Judiciary, and in addition to the Com- scrap metals being exported into the United Committee on Ways and Means, and in addi- mittee on Resources, for a period to be sub- States; to the Committee on Commerce. tion to the Committee on Commerce, for a sequently determined by the Speaker, in By Mrs. MALONEY of New York (for period to be subsequently determined by the each case for consideration of such provi- herself, Mr. DAVIS of Virginia, Mr. Speaker, in each case for consideration of sions as fall within the jurisdiction of the HOYER, Ms. JACKSON-LEE of Texas, such provisions as fall within the jurisdic- committee concerned. Mr. FRANK of Massachusetts, Mr. tion of the committee concerned. By Mr. WELDON of Florida (for him- PAYNE, Mr. SANDLIN, Mr. SANDERS, By Mr. KOLBE (for himself, Mr. self, Mrs. CAPPS, Mr. MCCOLLUM, Mr. Mr. EVANS, Mrs. THURMAN, Mr. ISAKSON, Mr. OBERSTAR, and Mrs. CARDIN, Mr. MORAN of Virginia, Ms. WAMP, and Mr. HILL of Montana): H.R. 4575. A bill to amend title 38, United MORELLA): WOOLSEY, Mr. FROST, Ms. PELOSI, Ms. H. Con. Res. 342. Concurrent resolution ex- NORTON, Mr. ENGEL, Mr. CUMMINGS, States Code, to improve the provision of in- patient medical care services by the Depart- pressing the sense of Congress that there Mr. STARK, and Mr. GILMAN): should be an international education policy H.R. 4567. A bill to amend title 5, United ment of Veterans Affairs to veterans in areas remote from Department of Veterans Affairs for the United States; to the Committee on States Code, to provide that, of the total Education and the Workforce. amount of family leave available to a Fed- medical centers; to the Committee on Vet- By Mr. RANGEL (for himself and Mr. eral employee based on the birth of a child or erans’ Affairs. MCCOLLUM): the placement of a child with the employee By Mr. LINDER: H. Con. Res. 343. Concurrent resolution ex- for adoption or foster care, at least one-half H. Con. Res. 336. Concurrent resolution pressing the sense of the Congress regarding of that time shall be leave with pay; to the providing for a conditional adjournment of the importance of families eating together; Committee on Government Reform. the House of Representatives and a condi- to the Committee on Education and the By Mrs. MALONEY of New York: tional recess or adjournment of the Senate; H.R. 4568. A bill to provide funds for the considered and agreed to. Workforce. planning of a special census of Americans re- By Mrs. KELLY: f siding abroad; to the Committee on Govern- H. Con. Res. 337. Concurrent resolution ex- ment Reform. pressing the sense of the Congress regarding ADDITIONAL SPONSORS By Mr. MORAN of Virginia (for him- tuberous sclerosis; to the Committee on Under clause 7 of rule XII, sponsors Commerce. self, Mr. DAVIS of Virginia, Mr. were added to public bills and resolu- WYNN, Ms. NORTON, Mrs. MORELLA, By Mr. LANTOS (for himself, Mr. and Mr. WOLF): SHAYS, Mr. BACA, Mr. BERMAN, Ms. tions as follows: H.R. 4569. A bill to amend section 8339(p) of CARSON, Mr. CONYERS, Mr. CLAY, Ms. H.R. 8: Mr. DAVIS of Virginia. title 5, United States Code, to clarify the DELAURO, Mr. DEUTSCH, Mr. FARR of H.R. 73: Mrs. CHENOWETH-HAGE.
VerDate 25-MAY-2000 01:37 May 26, 2000 Jkt 079060 PO 00000 Frm 00054 Fmt 4634 Sfmt 0634 E:\CR\FM\L25MY7.100 pfrm02 PsN: H25PT1 May 25, 2000 CONGRESSIONAL RECORD — HOUSE H3869
H.R. 218: Mr. BUYER and Ms. STABENOW. H.R. 3680: Mr. THOMPSON of California, Mr. H.R. 4434: Mrs. MINK of Hawaii, Mr. GREEN H.R. 303: Mr. BACA. CALVERT, Mr. DAVIS of Florida, and Mr. GOR- of Wisconsin, Mr. HOLT, Mr. EHLERS, Mr. H.R. 460: Mr. GILLMOR. DON. BUYER, and Mr. GOODE. H.R. 483: Mr. BARCIA. H.R. 3688: Mrs. MORELLA and Mr. HALL of H.R. 4453: Mrs. CHRISTENSEN, Ms. H.R. 534: Mr. MCNULTY. Ohio. MILLENDER-MCDONALD, and Ms. ESHOO. H.R. 721: Mr. SNYDER and Mr. QUINN. H.R. 3694: Mr. FOLEY. H.R. 4467: Mr. STENHOLM and Mr. RAHALL. H.R. 762: Mr. STRICKLAND. H.R. 3698: Mr. CALVERT, Mr. WAMP, Mrs. H.R. 4478: Mr. EVANS, Mr. MANZULLO, and H.R. 773: Mr. WYNN. MEEK of Florida, Mr. GEORGE MILLER of Cali- Mrs. MEEK of Florida. H.R. 783: Mr. RAMSTAD. fornia, Mr. WISE, Mr. DREIER, Mr. SCAR- H.R. 4479: Mr. ALLEN. H.R. 4497: Mr. MCHUGH. H.R. 844: Ms. LOFGREN, Mr. BILIRAKIS, and BOROUGH, Mr. KIND, Ms. DANNER, and Mr. H.R. 4502: Mr. WALDEN of Oregon, Mr. Mr. WELDON of Florida. CRAMER. THORNBERRY, Mr. JOHN, Mr. KINGSTON, Mr. H.R. 1053: Mr. SCOTT. H.R. 3700: Mr. WATT of North Carolina, Mr. BALDACCI, Mr. DEAL of Georgia, Mr. MCHUGH, H.R. 1102: Mr. KLINK. MCGOVERN, Mr. NEAL of Massachusetts, Mr. Mr. MORAN of Kansas, Mr. BOEHNER, and Ms. H.R. 1172: Mr. NORWOOD, Mr. BENTSEN, Mr. COYNE, Mr. DOYLE, Mr. FARR of California, PRYCE of Ohio. ABERCROMBIE, Mr. TURNER, Mr. VITTER, Mr. Mr. SANDLIN, Mr. HOLDEN, Mr. TRAFICANT, H.R. 4529: Mr. TRAFICANT, Mr. DEFAZIO, Mr. PAUL, and Mr. STENHOLM. and Mr. ROTHMAN. COSTELLO, Ms. DANNER, Mr. FILNER, Ms. OWNS ALSH H.R. 1187: Mr. YOUNG of Florida. H.R. 3710: Mr. T , Mr. W , Mr. MILLENDER-MCDONALD, and Mr. CUMMINGS. H.R. 1248: Mr. STRICKLAND. OWENS, Mr. SHIMKUS, and Mr. WYNN. H.R. 4531: Mr. DREIER, Mr. COX, and Mr. H.R. 1293: Mr. DICKS. H.R. 3806: Mr. TIAHRT. LEWIS of California. H.R. 1303: Mr. WISE. H.R. 3816: Mr. GONZALEZ. H.R. 4536: Mrs. MINK of Hawaii. H.R. 1311: Mr. BRYANT. H.R. 3842: Mr. UDALL of New Mexico, Mr. H.R. 4537: Mr. BARTLETT of Maryland, Mr. H.R. 1322: Mr. HUTCHINSON, Mr. FILNER, Mr. LEWIS of Kentucky, Mr. WISE, and Mr. LU- HAYES, and Mr. BLILEY. ISAKSON, Mr. BOEHLERT, Mr. QUINN, Mr. THER. H. Con. Res. 253: Mr. SENSENBRENNER. POMBO, Mr. STEARNS, and Mr. GILCHREST. H.R. 3872: Mr. FRANKS of New Jersey, Ms. H. Con. Res. 257: Mr. DIAZ-BALART, Mr. FIL- H.R. 1388: Mr. GEORGE MILLER of Cali- PRYCE of Ohio, Mr. CROWLEY, Mr. OXLEY, Mr. NER, Mr. BILBRAY, Mr. STARK, Mr. ROTHMAN, fornia, Mr. NEY, Mr. ROEMER, Ms. DANNER, COYNE, and Mr. RAMSTAD. Mr. LAHOOD, and Ms. ESHOO. Ms. EDDIE BERNICE JOHNSON of Texas, and H.R. 3875: Mr. WATKINS. H. Con. Res. 286: Mrs. LOWEY and Ms. Mr. MASCARA. H.R. 3901: Ms. WATERS. SLAUGHTER. H.R. 1399: Mr. RODRIGUEZ. H.R. 3905: Mr. NUSSLE and Mr. CROWLEY. H. Con. Res. 306: Mr. HOEFFEL, Mr. H.R. 1577: Mr. METCALF. H.R. 3911: Mr. KENNEDY of Rhode Island. WEYGAND, Mr. WOLF, Mr. GONZALEZ, Mrs. H.R. 1667: Mr. WISE. H.R. 3980: Mr. SALMON. NAPOLITANO, Mr. MARTINEZ, Mr. FOLEY, Mr. H.R. 1798: Mr. GORDON and Mr. RODRIGUEZ. H.R. 3983: Mrs. MALONEY of New York. FARR of California, and Mr. SMITH of Wash- H.R. 1850: Mr. KANJORSKI. H.R. 3996: Mr. MCHUGH. ington. H.R. 2166: Ms. PRYCE of Ohio and Mr. OBER- H.R. 4001: Mr. FALEOMAVAEGA, Mr. RAHALL, H. Con. Res. 308: Mr. GILLMOR. H. Con. Res. 323: Mr. EVANS and Mr. GREEN STAR. and Ms. MILLENDER-MCDONALD. of Texas. H.R. 2335: Mr. COOK. H.R. 4004: Mr. CAMPBELL and Mr. CAPUANO. H.R. 4013: Mr. PHELPS. H. Con. Res. 328: Mr. FARR of California, H.R. 2420: Mr. CAMP, Mr. MCHUGH, Mr. GIL- H.R. 4057: Ms. LOFGREN, Mr. MALONEY of Ms. BALDWIN, Mr. SOUDER, Mr. ENGLISH, and MAN, Ms. DANNER, Mr. MANZULLO, MR. Connecticut, Mr. PRICE of North Carolina, Mr. KUYKENDALL. GOODE, Mr. SERRANO, Mr. ENGEL, and Mrs. Ms. MCKINNEY, Mr. DEUTSCH, Ms. H. Con. Res. 331: Mr. KUYKENDALL, Mr. MCCARTHY of New York. SCHAKOWSKY, Mr. SANDERS, and Mr. ROD- COBLE, and Ms. STABENOW. H.R. 2451: Mr. COMBEST. RIQUEZ. H. Res. 259: Mr. SWEENEY, Mr. GOODE, Mr. H.R. 2457: Mr. BARRETT of Wisconsin. H.R. 4079: Mr. PAUL. WYNN, Mr. TIAHRT, Mrs. NORTHUP, Mr. RO- H.R. 2495: Mr. NADLER, Mrs. MALONEY of H.R. 4091: Mr. WEXLER, Mr. TOWNS, Ms. MERO-BARCELO, Mrs. CLAYTON, Mr. DICKEY, New York, Mr. BARCIA, and Mr. HOLT. EDDIE BERNICE JOHNSON of Texas, Ms. NOR- and Mr. RILEY. H.R. 2514: Mr. PAUL. TON, Ms. BROWN of Florida, Mr. CONYERS, Ms. H. Res. 415: Mrs. MORELLA. H.R. 2548: Mr. LUCAS of Kentucky and Mr. H. Res. 462: Mr. PORTER. KILPATRICK, Mr. OWENS, Mr. GUTIERREZ, Mr. ADERHOLT. STARK, Mr. WAXMAN, and Mr. CUMMINGS. f H.R. 2569: Mr. LOBIONDO. H.R. 4094: Mr. LAFALCE. H.R. 2593: Mr. GORDON. DISCHARGE PETITIONS— H.R. 4098: Mr. SOUDER. H.R. 2631: Mr. STRICKLAND. H.R. 4131: Mr. GONZALEZ. ADDITIONS OR DELETIONS H.R. 2635: Mr. WU. H.R. 4143: Mr. BAIRD. H.R. 2741: Mr. WEXLER and Mr. FOLEY. The following Members added their H.R. 4144: Mr. PETERSON of Pennsylvania. H.R. 2790: Mr. SWEENEY. names to the following discharge peti- H.R. 4149: Mr. WHITFIELD and Mr. HALL of H.R. 2816: Mr. STRICKLAND. tions: Texas. H.R. 2892: Mr. MCGOVERN, Mr. DOOLEY of H.R. 4152: Mr. OWENS. Petition 9 by Mr. MINGE on House Resolu- California, and Mr. HALL of Texas. H.R. 4170: Mrs. CHENOWETH-HAGE. tion 478: James P. Moran. H.R. 3004: Mr. TIERNEY, Mr. LATOURETTE, H.R. 4206: Mr. OWENS. f Mr. PRICE of North Carolina, Mr. KUCINICH, H.R. 4210: Mr. HALL of Texas and Mr. NAD- AMENDMENTS and Mrs. LOWEY. LER. H.R. 3006: Mr. RANGEL. H.R. 4211: Mr. HOEFFEL and Mr. FROST. Under clause 8 of rule XVIII, pro- H.R. 3058: Mr. SHAW. H.R. 4248: Mr. CRANE, Mr. BRADY of Texas, posed amendments were submitted as H.R. 3116: Ms. ROS-LEHTINEN. and Mr. WELLER. follows: H.R. 3144: Mrs. CHRISTENSEN. H.R. 4250: Mr. BARRETT of Wisconsin. H.R. 4461 H.R. 3155: Mr. COYNE. H.R. 4257: Mr. WATKINS. H.R. 3192: Mr. POMEROY, Ms. SLAUGHTER, H.R. 4259: Mr. KIND and Mr. GALLEGLY. OFFERED BY: MR. DEFAZIO Mr. KENNEDY of Rhode Island, and Ms. H.R. 4277: Mr. STUPAK. AMENDMENT NO. 19: Insert at the end of the ESHOO. H.R. 4308: Mr. FOLEY. bill (before the short title) the following: H.R. 3193: Mr. SMITH of Washington and H.R. 4310: Mr. PAUL, Mr. GILLMOR, and Mr. TITLE IX—ADDITIONAL GENERAL Mrs. MORELLA. SCHAFFER. PROVISIONS H.R. 3249: Mr. EVANS. H.R. 4328: Mrs. WILSON and Mr. GREEN of SEC. 901. Notwithstanding any other provi- H.R. 3250: Mr. BACA, Ms. ESHOO, Mr. Texas. sion of this Act, not more than $35,636,999 of DEFAZIO, Mr. DEUTSCH, Mr. BENTSEN, and H.R. 4334: Mr. UDALL of New Mexico and the funds made available in this Act may be Mr. COBURN. Mr. STUPAK. used for Wildlife Services Program oper- H.R. 3300: Mrs. CHRISTENSEN. H.R. 4346: Ms. EDDIE BERNICE JOHNSON of ations under the heading ‘‘ANIMAL AND H.R. 3466: Mr. FROST. Texas, Mr. DEUTSCH, Ms. BERKLEY, Mrs. PLANT HEALTH INSPECTION SERVICE’’, and H.R. 3484: Mr. OXLEY and Mr. GREENWOOD. JONES of Ohio, and Mr. GORDON. none of the funds appropriated or otherwise H.R. 3514: Mr. HOLT. H.R. 4366: Mr. MCNULTY, Mr. LANTOS, and made available by this Act for Wildlife Serv- H.R. 3517: Mr. STUPAK. Mr. MCGOVERN. ices Program operations to carry out the H.R. 3572: Ms. BROWN of Florida. H.R. 4390: Mr. TIERNEY, Mr. BRADY of Penn- first section of the Act of March 2, 1931 (7 H.R. 3575: Mr. BAIRD and Mr. ALLEN. sylvania, and Ms. LEE. U.S.C. 426), may be used to conduct cam- H.R. 3580: Mr. HYDE, Mr. MINGE, Mr. EVER- H.R. 4398: Mr. KLINK, Mr. PHELPS, and Mr. paigns for the destruction of wild predatory ETT, Mr. ROTHMAN, Mr. THUNE, Ms. DUNN, DOOLITTLE. mammals for the purpose of protecting live- and Mr. SNYDER. H.R. 4402: Mr. MCKEON, Mr. BOEHNER, Mr. stock. H.R. 3594: Mr. SNYDER. FLETCHER, Mr. ISAKSON, Mr. BALLENGER, Mr. H.R. 3650: Mrs. LOWEY and Mrs. GREENWOOD, Mr. NORWOOD, and Mr. SMITH of H.R. 4461 NAPOLITANO. Texas. OFFERED BY: MR. PALLONE H.R. 3665: Mr. CLEMENT. H.R. 4431: Mr. CANADY of Florida and Mr. AMENDMENT NO. 20: Page 78, strike lines 4 H.R. 3675: Mr. EVANS. DEUTSCH. through 18.
VerDate 25-MAY-2000 01:37 May 26, 2000 Jkt 079060 PO 00000 Frm 00055 Fmt 4634 Sfmt 0634 E:\CR\FM\A25MY7.035 pfrm02 PsN: H25PT1 H3870 CONGRESSIONAL RECORD — HOUSE May 25, 2000 H.R. 4461 Of the funds made available by this Act for human health risks from the consumption of OFFERED BY: MR. STUPAK the Agricultural Research Service, $500,000 genetically engineered foods. AMENDMENT NO. 21: Page 53, line 9, insert shall be available for the report required (2) The type of Federal monitoring system ‘‘(increased by $20,000,000)’’ after the dollar under this paragraph. Not later than Sep- that should be created to assess any future amount. tember 30, 2001, the Secretary, acting human health consequences from long-term Page 56, line 13, insert ‘‘(reduced by through the National Academy of Sciences, consumption of genetically engineered foods. $30,000,000)’’ after the dollar amount. shall complete and transmit to Congress a (3) A Federal regulatory structure to ap- H.R. 4461 report that includes recommendations for prove genetically engineered foods that are OFFERED BY: MR. TIERNEY the following: safe for human consumption. AMENDMENT NO. 22: Page 12, after line 24, (1) The type of data and tests that are insert the following: needed to sufficiently assess and evaluate
VerDate 25-MAY-2000 01:37 May 26, 2000 Jkt 079060 PO 00000 Frm 00056 Fmt 4634 Sfmt 0634 E:\CR\FM\A25MY7.046 pfrm02 PsN: H25PT1 E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 106 CONGRESS, SECOND SESSION
Vol. 146 WASHINGTON, THURSDAY, MAY 25, 2000 No. 67 Senate The Senate met at 9:31 a.m. and was APPOINTMENT OF ACTING The United States has been research- called to order by the Honorable LIN- PRESIDENT PRO TEMPORE ing, developing, and sometimes deploy- COLN CHAFEE, a Senator from the State The PRESIDING OFFICER. The ing ballistic missile defense systems of Rhode Island. clerk will please read a communication for almost 40 years now. Throughout to the Senate from the President pro this period, the issues of whether to de- PRAYER tempore (Mr. THURMOND). ploy such a system and what system to The legislative clerk read the fol- deploy have prompted intense and The Chaplain, Dr. Lloyd John lowing letter: often partisan debate. That debate con- Ogilvie, offered the following prayer: U.S. SENATE, tinues today. Gracious God, all through our history PRESIDENT PRO TEMPORE, Two events this week argue strongly, as a nation, You have helped us battle Washington, DC, May 25, 2000. however, for a pause in the partisan the enemies of freedom and democracy. To the Senate: wrangling that so often accompanies Many of the pages of our history are Under the provisions of rule I, section 3, of this debate. The first event was Gov. red with the blood of those who paid the Standing Rules of the Senate, I hereby George W. Bush’s call on Tuesday for the supreme sacrifice in just wars. appoint the Honorable LINCOLN CHAFEE, a the President of the United States ‘‘not Lord God of Hosts, be with us yet. Lest Senator from the State of Rhode Island, to to make a hasty decision, on a political perform the duties of the Chair. timetable’’ regarding amendments to we forget, today has been designated as STROM THURMOND, the Day of Honor 2000, to give special President pro tempore. the Anti-Ballistic Missile Treaty and deployment of a national missile de- recognition to the living minority vet- Mr. L. CHAFEE thereupon assumed fense. erans of World War II throughout our the chair as Acting President pro tem- Anyone on this floor knows that we Nation. May we never forget the patri- pore. otism of these brave men and women voted in the last year, assuming that who fought to liberate humankind f funds are provided and consistent with from the evil grip of Axis tyranny. En- RESERVATION OF LEADER TIME a policy of continued strategic arms re- able us to express our debt of gratitude The ACTING PRESIDENT pro tem- ductions, to deploy a limited national to these gallant Americans by pressing pore. Under the previous order, the missile defense system ‘‘as soon as on in the ongoing battle against racial leadership time is reserved. technologically feasible,’’ and the ma- jority of the Senate voted for that. division in our society. Cleanse all f prejudice from our hearts and give us There has been a bit of a rush, to use courage to work for equality in edu- MORNING BUSINESS the expression we use on the floor, to cation, housing, job opportunities, ad- The ACTING PRESIDENT pro tem- take steps by the end of this year to vancement, and social status for all pore. Under the previous order, the ‘‘pour concrete in Alaska.’’ That is a Americans. Help us to honor these mi- Senate will now begin a period for the euphemism for saying we have to put nority veterans today as we press on to transaction of morning business until certain radars up in Alaska in order to banish vociferous expressions of hos- 10:30 a.m., with Senators permitted to meet the timetable to erect by 2005 a tility and hatred in our society. Shed speak therein for up to 5 minutes each. limited national missile defense that Your grace on us, crown Your good Under the previous order, the time will defend against, theoretically at with brotherhood from sea to shining until 10 a.m. shall be under the control least, weapons that may or are likely sea. Amen. of the Senator from Delaware, Mr. to be deployed by the North Koreans. BIDEN, or his designee. Ninety-nine percent of the American f The Senator from Delaware. people don’t even know what we are f talking about because we have not yet debated it, and it is going to cost $30 PLEDGE OF ALLEGIANCE NATIONAL MISSILE DEFENSE billion at the low end, probably a lot The Honorable LINCOLN CHAFEE, a Mr. BIDEN. Mr. President, I rise this more. They have not heard that num- Senator from the State of Rhode Is- morning to speak about an issue that ber before. What has happened is that land, led the Pledge of Allegiance, as is going to consume, over the next cou- we have been in a headlong rush to be follows: ple years, a fair amount of this body’s in a position to be able to deploy that I pledge allegiance to the Flag of the time. If there were a contest to name a system in time to meet the looming United States of America, and to the Repub- foreign policy issue that just won’t go threat from North Korea. lic for which it stands, one nation under God, away, national missile defense would Now Governor Bush comes along, the indivisible, with liberty and justice for all. surely be a top contender. putative candidate for President of the
∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor.
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VerDate Mar 15 2010 23:34 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\2000SENATE\S25MY0.REC S25MY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4400 CONGRESSIONAL RECORD — SENATE May 25, 2000 United States in the Republican Party, first after becoming President. This is States would not seek to substitute de- and says: Don’t make a hasty decision, clearly something we would want to fense for deterrence—an assurance he Mr. President, on a political timetable. have already done that before we de- says is necessary? How would he avoid Well, really, we are on a political cided to deploy any such system. an arms race between Chinese missiles timetable. What is moving this na- The push to deploy a system, without and American defenses? Or between tional missile defense proposal forward working out something with our allies, China and India? Or then between India as rapidly as it has are the likely has not come to fruition yet. But Gov- and Pakistan? events in North Korea over the next 5 ernor Bush points out another flaw in My own view is that the risk of a nu- to 7 years and a political timetable on the argument for proceeding rapidly. clear arms race in Asia would be the the part of some of my Republican He also acknowledges the need to con- most dangerous consequence of deploy- friends. Fortunately, Governor Bush vince Russia that the United States’ ing a national missile defense that was has stepped in and said: Let’s slow all missile defenses would not be aimed at not limited to defending against the this down; let’s think about this. I Russia. missiles of specific target states. I fear think we should listen to him. Governor Bush indicated a willing- that such an arms race would be ter- A second event is Secretary of State ness to lower U.S. force levels—al- ribly costly and would destabilize Chi- Albright’s journey to Florence, Italy, though he confuses me. He says ‘‘lower na’s relations with its neighbors, and where she is making the case for na- U.S. force levels below the START II that the resulting instability would tional missile defense to our increas- levels.’’ We have already basically lead to Japan, Taiwan, or South Korea ingly nervous allies, who oppose this agreed to that in the START III frame- building nuclear weapons. They have notion of a limited national missile de- work that was set in 1997. Is he talking the capacity to do that, and I truly be- fense. about lowering U.S. nuclear force lev- lieve they might, if an Asian arms race What shall we make of Governor els below the 2,000-to-2,500 figure pro- were to occur as a result of our missile Bush’s stance on national missile de- posed at Helsinki? Or is the suggestion defense deployment. fense? He proposes a missile defense to that we lower them only to that level? Last week, the Los Angeles Times re- defend not only the United States but He was a little unclear in how he stat- ported that a U.S. intelligence official also our allies. That is a different pro- ed that, and he leaves me a little un- warned ‘‘that construction of a na- posal from that which we have been clear—indeed, totally unclear—as to tional missile defense could trigger a legislating on for the past 2 years. He what he means. wave of destabilizing events around the also proposes not only to defend Governor Bush also suggests that world and possibly endanger relations against missiles from so-called rogue there is a need to move nuclear forces with European allies.’’ states, such as North Korea, Iran, and off the hair-trigger alert they are on. I Possible consequences reportedly in- Iraq—which has been the rationale of- agree. I think he is absolutely right clude China fielding hundreds more fered as to why we have to move so about that. Indeed, Governor Bush missiles, putting MIRVed warheads on rapidly toward a national missile de- stated that ‘‘the United States should its missiles—which it does not have fense—but also to protect against acci- be willing to lead by example’’ in this now—and adding countermeasures. We dental launches from anywhere in the area. all know that they are measures added world. At the same time, however, Governor to a ballistic missile in order to fool If we are to defend our allies as well Bush spoke approvingly of ‘‘laser tech- any defensive system. The missile puts as ourselves, then we are going to have nology’’ and of ‘‘a space-based system.’’ out a lot of little things—anything to build a much larger missile defense Now, this will surely strike others as it from balloons to what most people system than the one being proposed by did me—as an allusion to Reagan’s sup- would think would be just like little the Pentagon and the one we have been port for the ‘‘Star Wars’’ system of the pieces of metal. It is a lot more com- debating in the Congress for the past 1980s, a notion that has been pretty plicated than that, but the effect is to year and a half. If we are to defend soundly rejected up until now. It will fool the defensive system as to which against accidental launches from any raise legitimate fears, it seems to me, object has the nuclear warhead. That is country rather than only attacks from that a missile defense system deployed what we mean by countermeasures. a specific state, then we cannot rely by the United States, whatever its size They are not hard to field. They upon the sort of land-based or sea- at first, would be enlarged to threaten haven’t yet been fielded by China to based boost-phase system that I and the deterrent capacity of China, and any significant degree, to the best of others have been supporting as a means eventually that of Russia. our knowledge. But a U.S. intelligence of reconciling defense with deterrence, Would Governor Bush withdraw from official foresees China adding counter- which is different from the system pro- the ABM Treaty in order to ‘‘fully ex- measures to frustrate U.S. defenses posed by the Pentagon. plore these options?’’ To fully explore and, in the words of that intelligence Governor Bush stated properly that the options of laser systems, of space- official, ‘‘selling countermeasures for ‘‘deterrence remains the first line of based systems—does that mean he is sure’’ to countries such as North defense against nuclear attack.’’ I as- going to withdraw from the treaty he Korea, Iran and Iraq. sume that means he believes the ABM seems to imply is the building block This is precisely the sort of concern I Treaty is essential, as it is a vital upon which our deterrence rests? Or have been raising for the last several building block in that first line of de- would he defer any decision on deploy- months. I went to a defense conference fense against nuclear attack. ment until we were certain that the in Germany with many of the people in Governor Bush promised, properly, proposed system would successfully the Senate, in the House, and in the that if he were elected President, he meet all of his criteria? His decision in Defense Department, as well as the de- would consult with our allies as he de- that regard could determine whether fense establishments from all our al- veloped specific missile defense plans. his proposal prompted allied support or lied nations—even some who are not I, too, have been suggesting, to my made them conclude that the United members of NATO. I raised that very Senate colleagues and in high-level States was choosing missile defense question there. meetings, that we had better darn well foolishly or recklessly. No one had an answer, I might add, understand what our allies think about Admittedly, this was just a press when I raised the question among all this. conference, and Governor Bush has not the defense experts. Everybody is pre- My good friend, Senator KYL, who is had a chance to flesh this out. But the pared to give an estimate of what the one of the brighter fellows here and bottom line is that he is saying: Whoa, North Koreans are likely to do in who strongly supports national missile slow up, there are a lot of things we terms of building not only nuclear ca- defense, said we should not let what haven’t answered. We should not keep pability, but also the capability to our allies have to say affect what we this on a political timetable. have a missile with a third stage that do. I don’t think it is that simple. Gov- I wonder whether Governor Bush could reach the continental United ernor Bush now comes along and says thought through all the implications of States, that could not only carry a nu- he wants to make sure we consult with his missile defense proposals. How clear warhead, but also be used in our allies. That is what he would do would he assure Russia that the United chemical or biological warfare.
VerDate Mar 15 2010 23:34 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\2000SENATE\S25MY0.REC S25MY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 25, 2000 CONGRESSIONAL RECORD — SENATE S4401 I asked: Can anybody give an esti- anybody who thinks we can affect that Modern proposals for a limited na- mate to the President as to what the outcome would not want China to tional missile defense are very dif- Chinese would likely do if we deployed change its minimalist strategy. I say ferent, however. They are aimed at de- a national missile defense system? this—speaking for myself, and clearly terring countries that would have no They now have fewer than two dozen not for Brent Scowcroft—not merely hope of defeating the United States in intercontinental ballistic missiles. because of the added threat that it a nuclear war, but would seek to deter That seems to be a pretty good thing would pose to the United States of or to punish us by building a capability to me. I would not like to see China go America, but also because of what that to destroy one or more American cit- to 200, or 400, or 800, or 1,000, which is would most assuredly cause to happen ies. fully within their capacity. I would not in India, and what that almost as- To defend against those threats, like them to do what the L.A. Times suredly would cause to happen in Paki- one’s defense must be perfect. Merely reports that a U.S. intelligence official stan, and elsewhere. limiting the destruction will not suf- raises as a possibility. I would not like Can anyone in this Chamber suggest fice. to see them MIRV their warheads. I to me that if China were to change in I wonder whether the operational ef- would not like to see them have more a robust fashion their nuclear strategy, fectiveness of the Pentagon’s proposed sophisticated nuclear weapons. I kind that officials are going to sit in Tokyo, missile defense will really be sufficient. of like it where they are. and say: You know, let’s not worry If a system can kill each warhead 95 Now, I also raised the question, Has about this; this is not a problem; we percent of the time, then the odds are anybody calculated or laid out for the have the American nuclear umbrella? 1 in 3 that an 8-warhead attack will get President of the United States what As much as I love our Japanese friends at least one warhead through and de- the likely scenario is if China were to and allies, the last thing I want to see stroy a U.S. city. If the system can kill significantly increase their arsenal? come out of this debate that we are each warhead 98 percent of the time, What would happen in India? What going to have in the next weeks and there will still be a 1-in-3 chance that would happen in Pakistan? Has any- months, and hopefully next year or so, an attack with 21 warheads will get at body raised this possibility of that is a nuclear Japan. least one bomb through. being of concern to the Japanese? Well, I hope General Scowcroft, who is a In the days when the Presiding Offi- the truth is, no one had an answer. senior adviser to Governor Bush, will cer and I were younger men, there used I even went to a high-level meeting encourage his very important pupil to to be a bumper sticker that people in the Defense Department a couple of think carefully about this. would put on their car: ‘‘One nuclear months ago, with the Secretary of De- Just as I have concerns regarding bomb can ruin your day’’—one warhead fense, other high officials, and those in Gov. Bush’s position on national mis- getting through. If the objective is to charge of developing this system. I sile defense, so do I have concerns re- deter against any of these rogue states, raised the same question again before garding the Pentagon’s proposed sys- a missile defense must be perfect. the Foreign Relations Committee, on tem and the hurried pace at which a Missile defense supporters cite the which the occupant of the Chair sits. I deployment decision is being forced need to avoid being blackmailed by asked specifically—and he may have upon the President. North Korea or Iraq. But I find it hard been there—the Director of the CIA if Some of my concerns are those of a to see how a national missile defense they had done such a study. Appar- supporter of arms control, but others will give us freedom of action in Korea ently, one is underway. Apparently, relate to the apparent shortcomings of or the Middle East, if there is still one people are beginning to focus on the the system the Pentagon proposes. chance in 3, or even one chance in 5, other side of this equation. Renowned scientists and former de- that a modest attack will wipe out a The fundamental rationale for our fense officials have said that a land- whole American city. strategic doctrine is to guard Ameri- based missile defense aimed at incom- In light of that reality, it is equally cans from harm, as best we can, to ing warheads cannot do the job. hard to understand the Pentagon’s guarantee the security of those young The current National Intelligence Es- commitment to the proposed system, Senate pages sitting up there and their timate on the foreign missile threat to except as the product of bureaucratic children and grandchildren. Are we bet- the United States warns: inertia and political pressure to deploy ter off with a missile defense system as We assess that countries developing bal- the first system it could find. contemplated and an arms race in Asia, listic missiles would also develop various re- When the Foreign Relations Com- sponses to US theater and national defenses. mittee held hearings on missile defense if that were to occur? Russia and China each have developed nu- Or are we better off with the risk merous countermeasures and probably are last year, I asked all our witnesses— that might come from North Korea, if willing to sell the requisite technologies. both supporters and opponents of na- they developed a third stage that could Many countries, such as North Korea, Iran, tional missile defense—whether they reach the United States and we relied and Iraq probably would rely initially on would support a system limited to that instead upon deterrence? I have not readily available technology—including sep- which the Pentagon proposes. Not one made that final judgment in my own arating RVs, spin-stabilized RVs, RV reori- of them, proponent or opponent, was mind. But I know one thing. We don’t entation, radar absorbing material . . ., prepared to do so. booster fragmentation, low-power jammers, have enough information now to make chaff, and simple (balloon) decoys—to de- Two commissions chaired by Gen. a final judgment. velop penetration aids and countermeasures. Larry Welch, former Chief of Staff of All this leads me to conclude that These countries could develop counter- the Air Force, have criticized the test- the risks inherent in doing without a measures based on these technologies by the ing program for the Pentagon’s na- national missile defense at this mo- time they flight test their missiles. tional missile defense system. The ment might be less than the risk we Decades ago, when missile defense re- term ‘‘rush to failure’’ has become part would accept in building either the search began during the Cold War, the of our everyday vocabulary. We should Pentagon’s proposed missile defense or goal was not a perfect defense. be equally attentive to Gen. Welch’s the sort of defenses that Gov. George Rather, the idea was that by limiting warning that we are unprepared to de- Bush has proposed. our casualties—both in human lives termine the ‘‘deployment readiness’’ of Brent Scowcroft, former National Se- and in retaliatory forces—a missile de- national missile defense, despite the curity Adviser in the Ford and Bush fense would buttress our ability to name of the Defense Department’s administrations, is also allegedly con- fight and win a nuclear war. forthcoming review. cerned. The Los Angeles Times re- Missile defense supporters saw such The Pentagon’s director of oper- ported that he called the scenario of an an imperfect national missile defense ational test and evaluation has voiced Asian nuclear arms race ‘‘plausible’’ as a contributor to deterrence, even similar concerns regarding the limits and warned: ‘‘We ought to think wheth- though the Nixon administration even- of our national missile defense testing er we want the Chinese to change their tually concluded that it was better to program. very minimalist strategy.’’ bar such defenses than to engage in an His concerns were seconded last I know I don’t want China to change arms race involving both offensive and month by the American Physical Soci- their minimalist strategy. I believe defensive weapons. ety, which warned:
VerDate Mar 15 2010 23:34 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\2000SENATE\S25MY0.REC S25MY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4402 CONGRESSIONAL RECORD — SENATE May 25, 2000 A decision on whether or not to deploy the ‘‘soft’’ on the issue—will order the De- CONGRESSIONAL NMD is scheduled for the next few months. fense Department to proceed with the ACCOMPLISHMENTS The tests that have been conducted or are deployment of a system that all of us planned for the period fall far short of those Mr. THOMAS. Mr. President, I want- know is the wrong one to build. ed to talk a little bit about the things required to provide confidence in the ‘‘tech- The time has come to set our fears nical feasibility’’ called for in last year’s we have accomplished in this last ses- NMD deployment legislation. aside. The fact is that, whatever our sion of the Congress, the first year, views on the wisdom of putting our The American Physical Society is the which is over. We are into the second trust in a national missile defense, premier professional group for physi- year of this 106th Congress. many of us oppose the system proposed cists in this country. They take no We are having a little problem mov- by the Pentagon. ing along, of course, and we are trying stand on national missile defense Whatever our views on the larger itself. They deserve our bi-partisan at- to find a way to avoid holding up issues, many of us would be content if progress after the filing of unrelated tention. the President were to defer both a de- In recent weeks, former senior offi- amendments that have turned out to ployment decision and the choice of a cials have counseled delay. Listen to be filibusters. I hope we can get around missile defense architecture, and let President Reagan’s former National that and move forward with the 13 ap- his successor grapple with those issues. Security Advisor, Robert McFarlane: propriations bills we have. It is also a fact, however, that the We ought to recognize this has been a ‘‘Still more work is needed before a de- President has been under political pres- productive session. We have done a cision on deployment is made.’’ sure to proceed with deployment, de- great deal. But there are a number of Listen to President Carter’s former spite the technical and strategic con- things I think are of particular impor- National Security Advisor, Zbigniew cerns that many of us share. tance to the American people. One, ob- Brzezinski: If missile defense supporters main- viously, is to do something with the The bottom line is that at this stage there tain that pressure, they increase the Social Security retirement system. We is no urgent strategic need for a largely do- risk that a poor system will be de- have done a great deal with that over mestically driven decision regarding the de- ployment of the national missile defense. ployed, rather than one that meets our the last year. Although there still The issue should be left to the next presi- country’s needs by any rational meas- needs to be some systematic changes dent—to be resolved after consensus is ure. made to the program, we can ensure reached with our allies both in Europe and in I therefore call on the two major that the program will be there over the Far East, after more credible evidence presidential campaigns—that of Gov. time. becomes available regarding the technical Bush and that of Vice President GORE— We have made a very significant feasibility and probable costs of the national to agree not to seek partisan advan- movement by providing that the 121⁄2 missile defense, and after compelling intel- tage if the President defers a missile percent of our earnings paid into Social ligence estimates are aired regarding the ori- defense deployment decision. Security by everyone who works in gin, scale and timing of likely new threats to this country is, in fact, used for Social the United States and its allies. I call on all of us in the Congress to give the President the freedom of ac- Security. Historically, over a very long In a forthcoming article, former Sec- tion to make his decision without po- time, those dollars have been used for retary of Defense Harold Brown writes: litical sniping. many non-Social Security programs. ‘‘deployment of the present NMD sys- I also call on both campaigns to Because of this Republican Congress, tem should be deferred.’’ He is joined in agree that negotiations for a path- because of the lockbox idea, we have that recommendation by two former breaking START III agreement should put that money aside. It is not being Deputy Secretaries of Defense, John continue. Gov. Bush stated that he spent for other items. That is very sig- Deutch and John White. would: nificant. Former Secretary of State Henry I hope we can proceed and look at al- Kissinger says: ‘‘In the light of recent . . . ask the Secretary of Defense to con- duct an assessment of our nuclear force pos- ternatives to ensure that the young ambiguous test results and imminent ture and determine how best to meet our se- people who are now just beginning to electoral preoccupations, it would be curity needs . . . [and] pursue the lowest pos- pay into the program will have a pro- desirable to delay a final technical sible number consistent with our national gram of benefits when the time comes judgment until a new administration is security. for them to be eligible for the benefits. in place.’’ He added that ‘‘the United States Frankly, the program has changed in As we all know, the motivations be- should remove as many weapons as terms of the profile of people. When we hind these bi-partisan recommenda- possible from high alert, high-trigger began, there were some 20 people work- tions are often very divergent. status, another unnecessary vestige of ing for every one drawing benefits. Now Many Republicans fear that Presi- Cold War confrontation.’’ it is less than 3 and will be down to 2. dent Clinton will purposely strike a There is no reason to defer these two Obviously, things have to be changed. deal with Russia to limit U.S. missile ideas until next year. There are some options: We can raise defenses to an ineffective system, hop- The Joint Chiefs of Staff has said taxes. I don’t know of anyone excited ing that such a deal will make it politi- that it cannot go below the Helsinki about that. We can reduce benefits. cally untenable for a Republican presi- target of 2,000 to 2,500 warheads for a The same is true with that. Or, indeed, dent, were one to be elected, to go be- START III agreement unless the Presi- we can take a portion of those dollars yond it. dent changes the nuclear targeting and make them individual accounts for I do not share those fears. The Ad- guidance. each person—2 percent out of the 12 ministration has made clear to Rus- Gov. Bush has implied that he would percent is what we are talking about— sians and Republicans alike that its seek the Pentagon’s advice on alter- and let that money be invested in their proposed ABM Treaty protocol would natives to that guidance, however, and behalf, invested in equities, let it be in- be only a first step. President Clinton should do the same. vested in bonds, let it be invested in a My fear is rather that the President In summary, the longest-lasting for- combination of their choice, for their will be sandwiched: between Russia, eign policy debate is not likely to be retirement, or as part of their estate if which doubts both our intent to deploy settled any time soon. There is wide- they are not fortunate enough to live. a missile defense system and our will- spread agreement, however, that we The issue most talked about is edu- ingness to limit it; and Republicans, should not let this debate lead us into cation. Only about 7 percent of the fi- who have tried to make this a partisan unwise decisions. nances of education in this country, el- campaign issue and have even urged With goodwill on both sides, we have ementary and secondary, are provided Russian officials not to negotiate with an opportunity to suspend the partisan by the Federal Government. There is a the President of the United States of wrangling and let our current and fu- great deal of discussion about how that America. ture leaders make their decisions in a is allocated and how it is made avail- My fear is that the President—in rational way. Let us all work together able. The big debate, and the reason we order to show Russia that he is serious, to achieve that shared objective. haven’t gone further with elementary and under pressure from Republicans The PRESIDING OFFICER (Mr. BUN- and secondary reauthorization, is there accusing the Administration of being NING). The Senator from Wyoming. is a difference of view.
VerDate Mar 15 2010 23:34 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\2000SENATE\S25MY0.REC S25MY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 25, 2000 CONGRESSIONAL RECORD — SENATE S4403 My friends on the other side of the were able to take the first step in pass- would provide for patients in HMOs to aisle believe if the Federal Government ing the Ed-Flex program which, again, have some immediate referral, so if is providing the money, it ought to provides more opportunities for local there is a question about the proce- also provide the rules as to how it is people to use those Federal dollars as dures, rather than having to go to used. We think that is not the most ef- they need them. Some schools need court or having someone in an office fective way to use the money. capital construction, some need com- far away decide what you can do, you I come from Wyoming. We have some puters, some need more teachers or have an appeal to a physician as to very small towns in our relatively smaller classrooms, but each school what that ought to be. Unfortunately, small State. In Chugwater, WY, where district has a little different need. We that bill is still in conference, but we I attended a graduation ceremony this want to make sure they have an oppor- think it will be out very soon. week, with 12 graduates from high tunity to make that decision. We also One of the things we have done in school, they have different needs than need to ensure the money is not spent this Congress that was particularly im- Pittsburgh, PA. by the bureaucracy in Washington but portant was the Welfare Reform Act— We need to have the flexibility. We in fact finds its way to the schools on of 1996, actually. This Republican Con- say let’s help make education stronger, the local level. gress passed that. We have helped peo- but let the local people decide how that Overall tax relief is still something ple find jobs, helped people move into is done. We have been working on that. we need to do. We have done a great opportunity instead of dependency. Another area is economic opportuni- deal on that so far and can do substan- That is something I think has been ties for all Americans. We have done tially more. very useful to all Americans. that in terms of tax relief. Unfortu- I mentioned what we did on Social We have a ways to go, of course. We nately, the bill that was passed in this Security, and we need to go further. constantly have things to do here, as Congress was vetoed by the President, On national defense, the Senator just we should. On the other hand, we have denying relief for hard-working Ameri- before me was talking about missile also moved forward and made a good cans. However, we were successful in defense. Certainly, we need to continue deal of progress in this Congress. We passing a Republican bill that elimi- to explore that. We need to continue to have an opportunity to do more. As I nated the penalty on earnings in excess have a strong military. In my view, mentioned, unfortunately, we have of Social Security income. Instead of that is our best chance for peace in the come to kind of a slowdown here, using having to pay taxes on $1 out of $3, we world—to continue to have a strong the techniques, using the process to have removed that, to encourage peo- military. force issues. What it really does is slow ple to continue to work and earn I had the good fortune a couple of down everything we do. money. weeks ago to visit the Space Command There is clearly an opportunity for Another is national security. I sus- in Colorado Springs. I am impressed differences of view; that is what this pect there is nothing more important. with what they are doing to find a way place is for, to talk about differences, There is no more logical role for the to have a missile defense program that to disagree, if you please, as to the role Federal Government than defense. No will allow us a deterrent so we can of Government and what ought to be one else can do that. Over the last sev- move forward with other kinds of done. But the idea of using irrelevant eral years, this administration has not things. We were successful, and I be- issues to hold up progress on the things adequately funded defense. Now we lieve we acted properly, not ratifying we all know we have to do—and I am have to do that, particularly since we the Comprehensive Test Ban Treaty so particularly talking about the appro- have a volunteer service. There has to we could continue to test our weapons priations bills that obviously have to be some attraction to that. There has and make sure they are as they should be passed. Frankly, we are anxious to to be an attraction to get men and be. get them done early so we do not run women to go into the service and, We have made some real progress in into the same problems we had several maybe even more difficult, once they trade. The African trade bill is out years ago where we could not get it are trained to doing things, to work as there. It was signed into law in May. done and had to put it all in one pack- pilots or mechanics or whatever, to We can do something with that. Yes- age at the end. The President then used keep them there. That is very difficult. terday, the Permanent Normal Trade that as leverage on the Congress. He So we have made some progress in that Relations for China was passed by the threatened and, indeed, did shut down area. House and will be over here now. I hap- the Government to be able to force I think there are a lot of things that things through this Congress that the pen to be the chairman of the sub- have been done. I mentioned Social Se- Congress did not want to do. We should committee on Asia and the Pacific rim. curity and taking care of the surplus. I not let ourselves get into that position I do believe certainly we have to verify think that is a real plus for this Con- again, certainly not this year. gress, that we have a budget surplus. the things happening in that area of Mr. President, I am expecting other For the first time in probably 40 years, the world, but there is good evidence Senators to come for this time period. we have a budget surplus. We are not we can make more progress bringing In the meantime, I suggest the absence spending Social Security money. In- about change by being involved as op- of a quorum. deed, this time there will be, hopefully, posed to isolating and seeking to stay The PRESIDING OFFICER. The more money than is necessary to con- away from that. So certainly there is a clerk will call the roll. duct the business of the Federal Gov- great deal to be gained there. The assistant legislative clerk pro- ernment. We have made some progress in high ceeded to call the roll. Of course, several things can happen tech. The Y2K bill was an important Mr. KYL. Mr. President, I ask unani- with that money. One, we can make piece of legislation, and the Satellite mous consent that the order for the sure we start to pay down the debt. I Television Improvement Act, particu- quorum call be rescinded. mean pay down the debt with real dol- larly for rural States where people do The PRESIDING OFFICER. Without lars, not simply putting in Social Secu- not have access to cable. It has not yet objection, it is so ordered. rity dollars there as well. We stopped been completed, but we have made Mr. KYL. Mr. President, I want to the raid on the Social Security fund some real movement on that. We hope follow my colleague’s remarks with and began to make some reduction in to have that completed so people all some thoughts of my own concerning the debt that we have. The interest on across the country can have the same the appearance that the Senate is not that debt has been almost the second opportunities, both in satellites and getting anything done these days, and largest item in the Federal budget for TV, and also, of course, in infrastruc- talk a little bit about the reasons why. a very long time. We can change that. ture for high-tech broadband coverage. Anybody watching the Senate pro- Of course, if that is done, and done We are moving forward on the oppor- ceedings over the course of the last properly, we can move on to some tax tunity to do that. We must move in couple of weeks would probably wonder relief, which I think is something we that direction. what we were accomplishing and would ought to do. Health care is an area on which we have some reason to criticize the Sen- I mentioned our efforts on elemen- have to move forward. This Senate has ate for not getting a lot of business tary and secondary education. We also passed a Patients’ Bill of Rights that done.
VerDate Mar 15 2010 23:34 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\2000SENATE\S25MY0.REC S25MY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4404 CONGRESSIONAL RECORD — SENATE May 25, 2000 What is the reason for that? I think simply going to enforce the rules that upset when the Government cannot it is very important, and that is why I say if you are going to propose an continue to operate. Who is stopping us wanted to come to the Senate floor to amendment, it needs to be relevant or from acting on these appropriations talk about it because I am becoming germane. Everybody in the country un- bills? The Democrats in the Senate will very frustrated at the tactics of many derstands that—the organizations to not let the majority bring these appro- people on the other side of the aisle, which they belong. Why wouldn’t the priations bills up, except one. We can the Democratic minority, in attempt- minority want that? Because they bring up the legislative branch appro- ing to preclude the Senate from doing want to accomplish two objectives ap- priations bill, the bill that provides the its business, the people’s business. parently: One is to prevent the major- money to run the Congress. They will We have important legislative initia- ity from accomplishing anything this let us bring that one up but none of the tives that the majority leader has tried year so they can call us a do-nothing others. to bring before the Senate repeatedly, Congress; in other words, create a self- We have a very important agricul- and repeatedly he has been thwarted by fulfilling prophecy. By preventing us tural supplemental appropriations bill the minority which seems intent on from doing anything, they will criticize to help out farmers in this country. bringing the Senate to an absolute the majority leader for not doing any- Democrats will not let us bring it up. stop, to a standstill, to prevent it from thing. When I say they will not let us bring it doing any business unless the majority The other objective apparently is to up, people say how can they stop you? accedes to the minority’s request that be able to debate their agenda, things Under the rules of the Senate, one they be permitted to offer amendments such as gun control and the minimum Member can object to any piece of leg- which are nongermane, irrelevant, to wage, maybe prescription drugs, and so islation being brought up for its con- the subject matter of the Senate. on, on their timetable. So whatever bill sideration or being voted on, and in When people reflect on the organiza- we bring up, they try to attach to it an order to override that person’s objec- tions to which they belong and their irrelevant or nongermane amendment tion, you have to get 60 Members of understanding of things as basic as relating, for example, to gun control. this body to agree to override that and Robert’s Rules of Order, they appre- We have had lots of gun control de- proceed to a vote or proceed to consid- ciate that almost any organization has bates. I remember 2 weeks last year eration of a bill. That is called invok- to have certain rules under which to when the majority leader finally said: ing cloture. live. OK, we will have the debate; it will be There are 55 Republicans and there In the House of Representatives, as on the juvenile justice bill. We voted are 45 Democrats. On these procedural the Presiding Officer is well aware, on lots of amendments, including some matters, the Democratic Members tend both of us having come from the House the minority really liked. We had that to vote in a block, the net result of of Representatives, there are pretty debate; we had those votes; but that which is we can never get 60 votes to strict sets of rules to apply. There are was not enough. It appears we have to proceed with business. Because of the 435 people in the House, and if they all talk about these things all of the time party loyalty and the partisanship that did what they wanted to do, they would because that is what is going to be po- has gotten involved in our legislative never get anything done. We pretty litically popular in this fall’s elections. agenda, we are not able to move mat- much have to talk about things that That is wrong. To tie up the people’s ters forward because there is an objec- are germane and relevant to the pend- business, to tie up the Senate for polit- tion to proceeding. That is why I say ing business, and if we do not, someone ical gain is wrong. If any of the mem- members of the minority preclude us can make an objection that this is out bers of the minority are engaging in from moving forward and doing the of order, and everybody knows under this procedure for that purpose, they people’s business. Robert’s Rules, one can say: Mr. Chair- clearly ought not to. We wanted to pass a very important man, that’s out of order; that’s not rel- We have accomplished a lot this year, amendment to me, and I note to the evant to the subject we are supposed to notwithstanding these tactics. I note Senator from California, Mrs. FEIN- be discussing. things such as repeal of the Social Se- STEIN, who is on the floor now—the In the Senate, the rules are much curity earnings test, something Repub- crime victims’ rights constitutional more liberal. Members generally work licans wanted to do for a long time, amendment. Frankly, parliamentary together on things and do not enforce and the Presiding Officer and I have tactics were used and threatened to the rules as strictly as they are en- been working on for a long time; the make it clear that we would be debat- forced in the House. Nevertheless, the budget resolution, which maintains a ing that bill for weeks, something that Senate has essentially always had rules balanced budget—we got that done; obviously we did not have time to do if respecting germaneness and relevancy, bills such as the African-Caribbean free we were going to do the other impor- and until very recently, we could make trade bill; financial services mod- tant business of the Senate. Senator an objection that a proposed amend- ernization; the FAA reauthorization—a FEINSTEIN and I had to pull that bill ment, for example, on an appropria- lot of different pieces of legislation down. tions bill was not germane or was irrel- that are good, that help maintain a Since I am being critical of members evant, and in order to continue to de- part of our economy or ensure we are of the Democratic minority, let me say bate that amendment, the proponent going to have a balanced budget, for that there have been some Members, would have to get 60 Senators to agree example. such as Senator FEINSTEIN, who have to do that, to overrule the ruling of the There are many other pieces of legis- worked very closely with me and oth- Chair that the amendment is not ger- lation we want to pass. We want to ers to try to move some of these impor- mane or irrelevant. pass the marriage tax penalty relief tant bills forward. I know this is all somewhat proce- bill to do away with the marriage pen- We all get caught up in our own par- dure and it may make some eyes glaze alty in the IRS Code. The minority will tisan battles here. That is to be ex- over, but it is an important foundation not let us bring it for a vote. They say pected. It is a political year, after all. for my point. We decided if we were they are for it, but they are not going It seems to me we can and ought to going to do the business of the people, to let us vote on it. agree there are some things so impor- we had to ensure we could get on with It is the same thing with the reau- tant that we ought to get together as it and not have a lot of riders on these thorization of the education bill. This Democrats and Republicans and move appropriations bills and, therefore, we is a bill that needs to be reauthorized the legislation forward. would begin enforcing rule XVI, which because it deals with all of the rules One of them clearly is the education says if a Senator is going to debate under which the Federal money goes to bill. Another is the repeal of the mar- something, it needs to be relevant or the States to support primary and sec- riage tax penalty. Another is the ap- germane to these bills. That is the ondary education. The minority will propriations bills. For the life of me, I basic issue that has members of the mi- not let us vote on it. do not see why there have to be objec- nority upset. Appropriations bills: We have to pass tions to bringing forward appropria- How dare you gag us, they say. Gag 13 appropriations bills to keep the Gov- tions bills, and I do not subscribe to them? Nobody is being gagged. We are ernment running. People get mighty the notion that it is wrong for us to
VerDate Mar 15 2010 23:34 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\2000SENATE\S25MY0.REC S25MY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 25, 2000 CONGRESSIONAL RECORD — SENATE S4405 bring those bills forward if members of people with goodwill can work it out, have their pension, and they have our the minority cannot seek amendments so when we come back from our recess, respect. That is what my amendment is which are nongermane or irrelevant. we can begin to get the people’s busi- all about: To support the Capitol Po- We all know what Robert’s Rules pro- ness done and get it done on time. It is lice and the other employees of the leg- vide. Those are not the rules of the important for the future of this coun- islative branch. Senate, but we all understand why we try. I was deeply disturbed at the House have to have rules such as that, and f bill which cut over 1,700 employees of that is to keep the process moving the legislative branch. This isn’t about along so that we can do the important CONCLUSION OF MORNING BUSINESS bureaucracy. The people we are talking business we have to do. about are the 117 people from the Con- I am very frustrated today, Mr. The PRESIDING OFFICER. Morning gressional Research Service. That is President. It is obvious because I do business is closed. the body that is absolutely dedicated not ordinarily come to the floor, and I f to giving us unbiased, unpolitical, ac- do not like to criticize in a partisan curate information so we can make the way. But people have to understand LEGISLATIVE BRANCH APPRO- best decisions in our approach to form- today or tomorrow we are probably PRIATIONS ACT, 2001—Resumed ing public policy. We turn to them for going to begin the Memorial Day re- The PRESIDING OFFICER. The models for the Older Americans Act cess, which means there will be an- clerk will report the bill by title. and for ideas on new technology break- other 12 or 13 days of nonaction in the The assistant legislative clerk read throughs to be pursued. We have to Senate, the net result of which will be as follows: we are way behind getting our business make sure we have the Congressional A bill (S. 2603) making appropriations for Research Service and that they have done, especially the appropriations the legislative branch for the fiscal year end- bills to run the Government. ing September 30, 2001, and for other pur- the staff they need to do their job. The danger is that there are not very poses. Also under the House bill, 700 jobs many opportunities for us to get these Pending: would be cut from GAO. Every Member bills done before the Senate has to ad- Mikulski Amendment No. 3166, to express of the Senate who is fiscally prudent journ for an election this year, and we the sense of the Senate commending the knows we need the GAO. It is not about will end up, instead of focusing on each United States Capitol Police. keeping the books, but it is about of the appropriations bills, in turn hav- AMENDMENT NO. 3166 keeping the books straight. We contin- ing to put it all into one giant appro- The PRESIDING OFFICER. There ually turn to the GAO to do investiga- priations bill. are 10 minutes available for debate on tions of waste and abuse, to give us in- What happens when we do that? the pending amendment. sights on how to better manage and be Every Member comes back to the Sen- The Senator from Maryland. better stewards of the taxpayers’ funds. ate months later and says: I didn’t Ms. MIKULSKI. Mr. President, yes- People with those kinds of skills could know they put that in the bill. Nobody terday I offered an amendment to the leave us in a nanosecond and move to has a chance to read these giant omni- legislative branch appropriations bill the private sector. They could be bus bills. So we vote on bills we commending the Capitol Police, and all ‘‘dot.comers’’ with no hesitation. haven’t even had an opportunity to the employees of the legislative If we are going to be on the read. Staff gets all kinds of things in- branch, and recommending that we broadband of the future, we need to serted. People on the inside get all keep the Senate funding levels in con- make sure we have the skills to run a kinds of things inserted in the legisla- ference. contemporary Congress. We need to tion. We find out weeks later about the I also complimented the outstanding make sure they have security in their mistakes we have made. It is impos- leadership provided by Senator BEN- jobs and security in health benefits and sible to have a good, informed vote on NETT, the Chair of the legislative ap- in their pensions. We need to be sure a bill. propriations subcommittee, as well as we let those workers know we are on The other danger, of course, is that it Senator FEINSTEIN, the ranking mem- their side. is easier; that instead of resolving dis- ber of the subcommittee, who really putes and prioritizing spending, by off- In addition to that, we want to make setting this spending with this sav- moved this legislation in a way that I sure we acknowledge the role our own ings—for example, in those last days to think meets the responsibilities we staffs play in constituent service and put together these giant omnibus ap- have to the American people. in helping us craft legislation. propriations bill—you don’t make The best way we can show our re- Two years ago, we all endured a very those hard decisions; you just add more sponsibility to the American people is melancholy event here in the Congress. money. So you resolve the dispute by to really let them know that the men Two very brave and gallant police offi- saying: we are taking care of you, and and women who work at the U.S. Cap- cers literally put themselves in the line we are taking care of you. And pretty itol are needed and valued. of fire to protect us. Their names were soon we have busted the budget. Most My amendment is not about money, Officer Chestnut, from Maryland—his importantly, we may make the mis- it is about morale. We want to say to wife still lives over there at Fort Wash- take of spending Social Security sur- the men and women who work at the ington—and Detective Gibson, of Vir- plus money. U.S. Capitol that we know who you are ginia, father of three—teenagers, col- This past year, we did not spend a and we value what you do. You are the lege students. We mourn them. We con- dime of Social Security surplus money. men and women who work in this soled their families and said a grateful The previous year, we saved most of building for the American people. You Congress will never forget. serve the Nation. that Social Security surplus from We should not forget the men and The Capitol Police protect this build- being spent. Republicans, this year, are women who work here, but the way we ing, which is a symbol of freedom and committed not to spending any of the remember is with the right pay, the democracy the world over. The Capitol Social Security surplus. But, unfortu- right benefits, and the right respect. nately, I will make this prediction: If Police ensure that everyone who comes Mr. President, I yield the floor. we get into this giant omnibus appro- to the U.S. Capitol is safe and secure, priations process at the end because we including Members of Congress and The PRESIDING OFFICER. The Sen- could not do our business during the staff. ator from Minnesota. weeks we have now to do that business, The Capitol Police are brave. They Mr. WELLSTONE. Mr. President, I we are going to end up spending Social are resourceful. They are tough. They will just take about 2 minutes in sup- Security surplus money. I will never are gallant. They protect you whether port of the Mikulski amendment to say vote for such a bill. I think, therefore, you are a foreign dignitary, such as how proud I am to be an original co- we ought to be very careful about get- Nelson Mandela, or a member of a Girl sponsor. I have probably given 15 or 20 ting ourselves into that box. Scout troop from Maryland. speeches about this, so I do not want to Mr. President, I appreciate the oppor- We need to make sure they have take any time except to emphasize two tunity to speak to this issue. I hope their jobs, they have their pay, they points.
VerDate Mar 15 2010 23:34 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\2000SENATE\S25MY0.REC S25MY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4406 CONGRESSIONAL RECORD — SENATE May 25, 2000 First of all, I thank the Senator for uity which has really made this work a [Rollcall Vote No. 113 Leg.] mentioning Officer Chestnut and De- great pleasure. YEAS—100 tective Gibson. It has really been al- I yield the floor. Abraham Feingold Mack most 2 years ago that we lost those two The PRESIDING OFFICER. The Sen- Akaka Feinstein McCain fine officers. I do think the best way we ator from Alaska. Allard Fitzgerald McConnell honor them is by supporting the police. Mr. STEVENS. Mr. President, I Ashcroft Frist Mikulski Baucus Gorton I think what happened on the House thank Senator FEINSTEIN. I commend Moynihan Bayh Graham Murkowski side was really unconscionable because Senators BENNETT and FEINSTEIN for Bennett Gramm Murray whereas we really need to do even bet- managing this bill. It is a significant Biden Grams Nickles Bingaman Grassley bill. Reed ter by way of making sure we get two Bond Gregg Reid police officers at each post, making With regard to the police, this bill in- Boxer Hagel sure we have the security for them, creases support for our Capitol Police Breaux Harkin Robb Roberts much less the security for the public by 26 percent. In fact, in addition to Brownback Hatch Bryan Helms Rockefeller and ourselves, instead, what we saw that, we have in the Agriculture bill, Bunning Hollings Roth was actually a slashing of the budgets, awaiting Senate action, $2.3 million in Burns Hutchinson Santorum which means hundreds of officers los- overtime costs to implement the two- Byrd Hutchison Sarbanes men-per-door policy and $10 million to Campbell Inhofe Schumer ing their jobs and not really having po- Chafee, L. Inouye Sessions lice officers working under the right provide additional facilities to support Cleland Jeffords Shelby conditions for themselves, their fami- police functions. The 2001 appropria- Cochran Johnson Smith (NH) lies, for the public, and for us. tions bill provides $5.2 million in over- Collins Kennedy Smith (OR) We really have done well on the Sen- time to continue the two-men-at-each- Conrad Kerrey Snowe Coverdell Kerry Specter ate side. I thank Senators BENNETT, door policy. Craig Kohl Stevens FEINSTEIN, MIKULSKI, and others for I commend Senator MIKULSKI for her Crapo Kyl Thomas Daschle their commitment. I hope every single amendment. I deem it as a remem- Landrieu Thompson DeWine Lautenberg Thurmond Senator will support this amendment. brance sense of the Senate, and we Dodd Leahy Torricelli Like other Senators, I am not always should remember these men who lost Domenici Levin Voinovich wild about sense-of-the-Senate amend- their lives in guarding this building Dorgan Lieberman Durbin Lincoln Warner ments—I offer a fair number of them and the functions of the Congress. Edwards Lott Wellstone myself—but sometimes they are really I hope we will have the support of all Enzi Lugar Wyden important. Sometimes they are, while Members for the basic bill. We support symbolic, really powerful and really Senator MIKULSKI’s amendment, as a The amendment (No. 3166) was agreed important. sense-of-the-Senate amendment, that to. I do think we need to convey the recognizes what is in the bill, that is, The PRESIDING OFFICER. The message, in light of what happened on increasing support for the security pending question is, Shall the bill be the House side, in light of how demor- functions for the Capitol and those who engrossed and advanced to third read- alized and how angry and indignant work in it. ing? some police officers are, that we fully Mr. President, I believe we have Mr. COCHRAN. I ask for the yeas and support them. scheduled the time to commence the nays. This amendment is a very important vote. The PRESIDING OFFICER. Is there a one. I hope it will have the full support The PRESIDING OFFICER. The vote sufficient second? There is a sufficient of the Senate. is scheduled for 10:45. second. I yield the floor. Mr. STEVENS. Have the yeas and The clerk will call the roll. The PRESIDING OFFICER. The Sen- nays been ordered? ator’s time has expired. The PRESIDING OFFICER. They The legislative clerk called the roll. The Senator from Alaska is recog- have. The PRESIDING OFFICER (Mr. nized and controls the rest of the time. Mr. STEVENS. Mr. President, there ALLARD). Are there any other Senators Mr. STEVENS. I yield a portion of are three votes in succession? in the Chamber desiring to vote? my time to Senator FEINSTEIN. I do The PRESIDING OFFICER. There The result was announced—yeas 98, wish a couple minutes before we come are two. nays 2, as follows: to the vote. Mr. STEVENS. Two votes. Very well. [Rollcall Vote No. 114 Leg.] The PRESIDING OFFICER. The Sen- Does Senator FEINSTEIN wish any ator from California. more time? Senator MIKULSKI? YEAS—98 Mrs. FEINSTEIN. Mr. President, I Ms. MIKULSKI. Mr. President, my Abraham Feingold Lugar want to, from the Democratic side, amendment in no way is a criticism of Akaka Feinstein Mack Allard Fitzgerald more or less conclude the debate on the Senators BENNETT and FEINSTEIN. They McCain Ashcroft Frist McConnell legislative branch appropriations bill. did a fantastic job, not only in moving Baucus Gorton Mikulski We believe it is a good bill. We are the bill but the way they have con- Bayh Graham Moynihan very supportive—both Senator BEN- ducted the hearings and worked with Bennett Gramm Murkowski Biden Grams NETT and I—of Senator MIKULSKI’s Members on very sensitive issues. I Murray Bingaman Grassley Nickles amendment. I am delighted she offered commend them. Had the House done Bond Gregg Reed it. what Senators BENNETT and FEINSTEIN Boxer Hagel Reid Breaux Harkin The men and women of the Capitol Robb did, my amendment would not have Bryan Hatch Roberts Police perform a vitally important job. been necessary. Bunning Helms Rockefeller Burns Hollings Unfortunately, sometimes we hardly Mr. STEVENS. I thank the Senator. Roth Byrd Hutchinson notice them. This is an opportunity to If it is in order, I yield back the re- Santorum Campbell Hutchison give them notice, respect, commenda- mainder of the time and ask for the Chafee, L. Inhofe Sarbanes tion, and say we are proud of you. vote. Cleland Inouye Schumer The legislative branch appropriations Cochran Jeffords Sessions The PRESIDING OFFICER. The Shelby bill restores the damaging cuts con- question is on agreeing to amendment Collins Johnson Conrad Kennedy Smith (OR) tained in the House bill and reaffirms No. 3166. The yeas and nays have been Coverdell Kerrey Snowe our commitment to ensuring security ordered. The clerk will call the roll. Craig Kerry Specter in the Capitol and of the Capitol Po- The assistant legislative clerk called Crapo Kohl Stevens Daschle Kyl Thomas lice. the roll. DeWine Landrieu Thompson I reiterate what a delight it has been The PRESIDING OFFICER (Mr. Dodd Lautenberg Thurmond to work with our chairman, Senator ALLARD). Are there any other Senators Domenici Leahy Torricelli Voinovich BENNETT. My tenure as ranking mem- in the Chamber desiring to vote? Dorgan Levin Durbin Lieberman Warner ber on this subcommittee has been The result was announced—yeas 100, Edwards Lincoln Wellstone marked by a sense of comity and eq- nays 0, as follows: Enzi Lott Wyden
VerDate Mar 15 2010 23:34 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\2000SENATE\S25MY0.REC S25MY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 25, 2000 CONGRESSIONAL RECORD — SENATE S4407 NAYS—2 Marsha Cress, 32, Fort Worth, TX; Those uses of force in our history have Brownback Smith (NH) Kenneth L. Mack, 49, Chicago, IL; occurred rarely and usually without The PRESIDING OFFICER. The Michael Powers, 29, Atlanta, GA; much opposition due to the future of clerk will read the bill for the third Howard Rice, 31, Baltimore, MD; the Nation. Our forces are equipped and time. Fernando Rojas, 17, Chicago, IL; train every day to carry out this task. Those types of conflicts of national The bill was read the third time. Rodney Wayne Smith, 33, Wash- survival have easily been defined in The PRESIDING OFFICER. The bill ington, DC; Rolando Williams, 17, Pittsburgh, terms of the political objectives, clear is now returned to the calendar. PA; and military strategies to achieve those ob- f Earlwin Wright, 22, Chicago, IL. jectives, and the definition of victory MORNING BUSINESS The PRESIDING OFFICER. The Sen- or success is the capitulation of the ator from Kansas. enemy. The PRESIDING OFFICER. Under f The U.S. Armed Forces are no the previous order, the Senate will now stranger to limited contingency oper- be in a period of morning business for EMPLOYMENT OF U.S. MILITARY ations, military operations other than not to exceed 1 hour, with the time FORCES war, but the changes in political con- controlled by the Senator from Kansas, Mr. ROBERTS. Mr. President, I text of the commitments pose new Mr. ROBERTS, and the Senator from thank my friend from Georgia, Senator problems of legitimacy, mission creep, Georgia, Mr. CLELAND. CLELAND, for his role in our ongoing, operational tempo, and multilateral The PRESIDING OFFICER. The Sen- bipartisan foreign policy dialog. As we cooperation. Although limited contin- ator from Kansas. approach Memorial Day, I also thank gency operations may produce short- Mr. ROBERTS. Mr. President, I yield him for his personal sacrifice and ex- term benefits, history has shown the 2 minutes to the distinguished Senator ample for our great country. lasting results of long-term commit- from Washington. This is our fourth foreign policy dia- ments are very limited at best. The PRESIDING OFFICER. The Sen- log. It is called the employment of U.S. The ideas developed by Carl von ator from Washington. military forces or what could be better Clausewitz, famous military theorist of Mrs. MURRAY. Mr. President, I ask described as the use of force. It the early 19th century, are profoundly unanimous consent that Senator BYRD couldn’t come at a better time, the relevant today. The criteria of appro- from West Virginia be allowed to speak week prior to the Memorial Day cele- priateness and proportionality are cru- for up to 20 minutes and Senator REED bration, a day of solemn celebration cial concerns in any military operation from Rhode Island to speak for up to 5 and reflection, a day to remember our other than war. minutes following the Senator from fallen family members, our friends, and Clausewitz identified any protracted Kansas and the Senator from Georgia. our fellow Americans, a day that al- operation that involves enlargement or The PRESIDING OFFICER. Without ways makes me very proud of our coun- lengthening of troop commitment is objection, it is so ordered. try and humbled by the self-sacrifice of likely to cause multiple rationales for the intervention. When a marine land- f our men and women who paid the ulti- mate price so that we may live free. ing party went ashore at Port-au- TRIBUTE TO VICTIMS OF GUN As my good friend from Georgia has Prince in Haiti in 1915, neither the Wil- VIOLENCE seen with his own eyes, it is not the son administration nor the Marine Mrs. MURRAY. Mr. President, I U.S. Constitution that really keeps us Corps nor the Congress would have pre- thank my colleague for yielding to me. free, for it is merely a piece of paper. dicted that they began an operation to I come to the floor for a brief mo- The marble headstones at Arlington protect the foreign lives and property ment to pay tribute to the victims of National Cemetery and cemeteries all and to stop a civil war that would end gun violence who were killed one year across America and throughout the 30 years later with an admission of fail- ago today. world mark what truly has kept us ure in reforming the public institutions We are all familiar with the incidents free. And our freedoms will continue to of Haiti. Does this sound familiar? Currently, of gun violence in our schools; from be secured by the brave men and the United States has troops in 141 na- Columbine to Springfield, OR, to Padu- women of our Armed Forces. tions and at sea; 55 percent of the na- cah, KY, and unfortunately to so many Samuel P. Huntington, the renowned tions of the world have U.S. troops sta- other schools and communities. author and historian in the 1950s, ar- tioned within their borders. From Gun violence is particularly dis- ticulated in his book ‘‘The Soldier and 1956—that is the second term of Presi- turbing when it happens in a school. the State’’ two important military dent Eisenhower—to 1992, the United But gun violence happens every- characteristics. The first is expertise States used military forces abroad 51 where. A member of my staff lost a son to prevail at the art of war; the second times. Since 1992, the U.S. has used to gun violence. Her son was simply is the responsibility for protecting our military force 51 times. stopping at a convenience store when freedoms, similar to the responsibility During that same timeframe of he was robbed and killed. that lawyers have to protect American roughly a 400-percent increase in the How many families have to suffer un- justice and the rule of law and that use of the military as an instrument of necessarily before this Congress passes doctors have to save lives and protect power, the military has been forced to commonsense gun control legislation? the health of their patients. Quite sim- downsize and decrease force structure The U.S. Conference of Mayors has ply: The role of our Armed Forces is to by 40 percent. That type of planning maintained a list of the thousands of fight and to win the Nation’s wars. and management of the military re- Americans have been killed by gunfire Eleven times in our history the flects poorly on the civilian leadership. since the Columbine tragedy. United States has formally declared All of our services are at the breaking Until we act, Democrats in the Sen- war against foreign adversaries. There point. I fear there is no more give or ate will read some of the names of have been hundreds of instances, how- elasticity in the force structure of our those who lost their lives to gun vio- ever, in which the United States has most valued treasure, the men and lence in the past year. utilized military forces abroad in situ- women who serve. We will continue to do so every day ations of military conflict or potential The can-do, never-say-die attitude of that the Senate is in session until this conflict to protect our U.S. citizens or the military and its leadership and the Republican Congress acts on sensible to promote our U.S. interests. Of those very competence that the U.S. military gun control legislation. hundreds of uses of military force has displayed in successfully respond- Here are the names of a few Ameri- where the U.S. did not declare war, ing to a wide variety of contingencies cans who died due to gun violence one some have obviously been successful seems to have encouraged its further year ago today: and some obviously have not. use by this administration, acquiesced Antwan Brooks, 26, Pittsburgh, PA; Today, I am not going to discuss the to by this Congress. James A Brown, 22, Chicago, IL; use of military force for the purpose of A recent study from the Center for Kenneth Cork, 46, Houston, TX; protecting our vital national interests. Strategic and International Studies of
VerDate Mar 15 2010 23:34 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\2000SENATE\S25MY0.REC S25MY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4408 CONGRESSIONAL RECORD — SENATE May 25, 2000 military culture identifies seven areas smashed over the head with a huge tree limb. pressed with our citizens in uniform. of concern within our military today. He was fine. Thank God for Kevlar. At this Their service, integrity, self-discipline, Service members expressed a commit- point, I took out my 9mm with the intent to respect for authority, honor, and sac- ment to values related to effectiveness shoot. However, I fired several warning rifice is inspirational; it is a battery shots. The crowd cleared out, and we walked and sacrifice and discipline, but they everyone out, including the injured. charger. I know we have honest dis- had deep concerns about the imbalance agreements and differences of opinions, between the missions and the resources I want to ask a question. What if and that is good for the system. Debate to perform those missions to a high those rocks and tree limbs would have will continue to occur. Even General standard. They felt the Pentagon was been AK–47s and RPGs? I think the de- Washington had severe disagreements out of touch. Quite frankly, they ques- bate about a week ago regarding with the Congress about allowing him tioned the command support in the Kosovo and our involvement there to perform summary punishments. face of social concerns. They had con- would have dramatically changed had However, we must mend, heal, and re- cerns about the sense of dwindling un- that been the case. store harmony to the system by re- derstanding of the military so rampant We continue to maintain multiple building the respect, trust, and under- today in our society. They indicated a wings of aircraft in southwest Asia, standing in the civilian-military rela- lot of disgust with civilian leadership and we continue to place American avi- tions. behavior not tolerated in their units in ators in harm’s way every day in Iraq. In the post-cold-war era, limited con- the military. What most Americans don’t know is tingency operations have become our Thomas Jefferson said: Eternal vigi- that although airpower seems sterile, predominant military endeavor. There lance is the price of liberty. Our mili- clean, and bloodless on CNN that is not are no easy answers to the problems of tary has always exemplified that state- the case—that is not the case. The mis- limited contingency operations. Decid- ment. sion tapes of the men and women flying ing to intervene and use our military However, I am concerned that the missions over Iraq reflect the risk. A force is a very difficult problem; it is current use of military force is under- war America thought we won 10 years very perplexing. mining the trust of leadership at all ago slowly rages on. The distinguished Senator from levels. We cannot continue to accept Mr. President, 75 percent of our mili- Georgia and I have had long talks the status quo. We cannot continue to tary today joined after 1989. They have about this, trying to set up some kind appropriate the contingency funds for known nothing but turmoil in terms of of a criterion, set up some kind of a list emergency deployments with no end in their missions. They have been de- that would make sense, outlining the sight or no planned exit strategy. ployed away from their families for 6- various reasons for intervention General Zinni, who is the CINC of the month rotations and, in some cases, abroad. Listing all of the questions the Central Command, expressed concern three, four, and five times. Their war- President ought to ask before the Ma- about the pace of these operations and fighting capabilities and readiness to rines are sent in can best be character- what it is doing to our service mem- execute military operations is not as ized now as an ‘‘it depends’’ doctrine. bers. He said: sharp as it should be. Their morale is I acknowledge that the post-cold-war low because they are leaving their fam- recommendations and the public de- We don’t have the resources to meet the ilies. Seventy percent of the force strategy. It’s plain and simple. We don’t bate between the foreign policy elite, have enough people, we don’t have enough today is married, and they are leaving the Congress, the Secretary of State force structure, we don’t have the right them for very questionable missions. and Defense, the Chairman of the Joint kinds of things we need to meet the strategy. No wonder sailors and airmen and sol- Chiefs of Staff, and the Joint Chiefs of Since 1991, we have spent over $25 bil- diers are leaving the force and voting Staff cannot agree upon and do not lion on peacekeeping operations. The with their feet. Only the Marine Corps provide a clear set of tests that should impact on the war-fighting capability has maintained their recruiting and re- be applied before deciding to commit of each of the services, including the tention goals, and they have had a very troops to combat in support of less time to recover war-fighting skills difficult time achieving that goal. than vital national interests. I wish after peacekeeping operations, is re- The current military is stressed, it is there were a test or a criterion. flected in the current readiness con- strained, and it is hollow. As our armed That is really the reason Senator cerns expressed by the Joint Chiefs. services activity levels have increased CLELAND and I entered into the foreign As an example, the United States and force structure has decreased time policy dialog. We always seem to be continues to dedicate three divisions in for realistic combat training is lost, stuck with foregone conclusions in the Balkans rotation: One division supply stocks are diminished, and per- terms of foreign policy and sending our training to deploy for peacekeeping op- sonnel are displaced. Military leader- men and women in uniform in harms erations, one division in the area of re- ship at all levels suffers from the cur- way. sponsibility, and one division retrain- rent strain; leadership crucial in regard The former Secretary of Defense, ing after deployment—three divisions to the goal of winning wars. Caspar Weinberger, identified six tests not ready to execute their primary The key to leadership is trust: Trust that he said should be applied when tasks. from the civilian leadership and the weighing the use of U.S. combat forces Here is an account from a com- public that the military will put to- abroad. Three of the tests—number mander in Kosovo, a peacekeeping op- gether the proper plan to win, trust one, when vital interests are at stake; eration, which is very troubling to me. from the military that the civilian number five, with public support; and This is a quote, an e-mail that went leadership—those of us in the Congress number six, as a last resort—concern from one commander to another. He and in the administration—will provide the foreign policy and the political cir- was reflecting to his friend, who was the proper tools to win, and trust to cumstances in regard to the use of going to take over his command, what use force judiciously and to gain the force. Tests number two, three, and went on in terms of his daily operation: political and public support. four concern the relationship between Congress must trust the President, After getting hit in the head by a large the military means and the political rock and getting smashed across the back and the President must trust the Con- ends. with a tree limb, I gave the order for the sol- gress to ensure the use of force is nec- Former Secretary of State, George diers to open fire with nonlethal munitions. essary, after all other instruments of Shultz on the ‘‘vital interests’’ test ar- This worked pretty well clearing the crowd power and diplomacy have failed. And gued that a wide range of international back initially. As we continued to fight and our national interests dictate that the challenges justify U.S. use of force. move with the people on the hill, I looked political objectives still must be And, the last two administrations have over to the landing zone and saw a mob achieved. uniformly rejected the first vital inter- swarming toward the subject and five sol- I commend our military leaders for diers. The soldiers started to move out of the est test. landing zone, but they had people around weathering the current storm. I also Former Secretary of Defense William them throwing everything. I grabbed 10 guys commend the men and women of the Perry argued that the use of force and went to help get the five soldiers. When Armed Forces. Whenever I visit a base might be necessary to support coercive we were 15 meters away, I saw a soldier get in Kansas, or overseas, I am always im- diplomacy when national interests that
VerDate Mar 15 2010 23:34 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\2000SENATE\S25MY0.REC S25MY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 25, 2000 CONGRESSIONAL RECORD — SENATE S4409 do not rise to the level of vital are at President to provide essential domestic haviors of the international military broth- stake. groundwork if U.S. military commit- erhood. These men beat us. Terrorists who Secretary of State Madeleine ments are to be sustainable. General rejected our worldview defeated us in Leb- Albright has asserted that decisions Powell asserted the troops must go anon. ‘‘General’’ Aideed, defeated us in So- malia. And Saddam, careless of his own peo- can only be made on a case by case into battle with the support or under- ple, denied us the fruits of our battlefield basis, and it would be counter- standing of the American people. victory. In the Balkans and on its borders, productive to define rigidly in advance Mr. President, the pendulum’s path intransigents continue to hold our troops the conditions in which a decision to has definitely displaced toward the hostage to a meandering policy. Our enemies use force would be made. limited objectives school. President play the long game, while we play jailbird But if vital interests need not be at Clinton’s doctrine of ‘‘global vigilance’’ chess—never thinking more than one move stake, the question remains what de- and ‘‘aggressive multilaterialism’’ is ahead. Until we change the rules, until we gree of U.S. interests justify the use of the current example and policy. stop attacking foreign masses to punish by force, at what level, and with what proxy protected-status murderers, we will Mr. President, the current precision continue to lose. And even as we lose, our risks. strike and technological advantage cherished ethics do not stand up to hard- Mr. President, I would contend that that we enjoy today has led to its in- headed examination. We have become not the use of force for other than vital or creased use due to the perceived mini- only losers but random murderers, willing to extremely important national inter- mal risk to American aviators. A few kill several hundred Somalis in a single day ests, as defined in our second dialogue, cruise missiles or laser guided bombs but unwilling to kill the chief assassin, will- has not worked in the post-cold-war pe- may fix a short term problem but do ing to uproot the coca fields of struggling riod. The role of the military is not to not address the underlying long term peasants but without the stomach to retali- act as the cop on the beat for the whole ate meaningfully against the druglords who problems. I would contend that if the savage our children and our society. world. The non-prudent use of force in intervention is not worth the cost of support of less than vital interests is one American service member then we He went on to say, not worth the current costs to our ought to be thinking about the worth Tomorrow’s enemies will be of two kinds— readiness and military morale. of using military force in the first those who have seen their hopes dis- appointed, and those who have no hope. Do C. Mark Brinkley in the Marine place. Corps Times said it best when he iden- not worry about a successful China, worry If the U.S. decides to use military about a failing China. tified with no other form of govern- force and unleash our military might Those are words to think about. ment to turn to, Serbs and ethnic Alba- then the cause had better be commen- Limited contingency operations con- nians alike turned to the Marines for surate with American national inter- sisting of crisis management, power help. In addition, to more traditional ests and analogous to the risk to Amer- projection, peacekeeping, localized roles of securing the area and sup- ican service members. military action, support for allies, or pressing civil unrest, the unit recre- The Chairman of the Joint Chiefs of responding to terrorism require well- ated basic elements of daily life: re- Staff, General Henry Shelton pro- defined objectives, consistent strate- storing law and order and reopening nounced the ‘‘Dover Test’’ must be gies to achieve objectives, and a clear, schools and hospitals, garbage collec- used when deciding to send troops in concise exit strategy once those objec- tion, and counselling. The Marines also harms way, and, if the use of force is tives are attained. Otherwise, our evolved into a police force for the not worth the consequences of Amer- country will get involved in operations American sector, patrolling the night ican service members making the ulti- like those in the Balkans with no end and responding to emergencies. mate sacrifice arriving at Dover Air in sight and no peace to keep. However, these operations require Force Base then the military should Mr. President, in closing, our service significantly different skills than what not be used. the armed forces are currently trained If the cause is not worth the risk of members are, in fact, America, they re- to execute. If we are training our one American life then the results and flect our diverse origins and they are peacekeepers to be more like MP’s handcuffs placed on the military rules the embodiment of the American spirit than combat troops, don’t we run the of engagement in an effort to curtail of courage and dedication. Their fore- risk that the skills needed by a police- risk actually increase the risk. The sit- bears went by the names of doughboys, man may get them killed when there is uation over time, and the situation we Yanks, buffalo soldiers, Johnny Reb, combat? are now faced with in the Balkans and Rough Riders, and GI’s. For over 200 Two schools of thought on the use of in Iraq. years they have answered our Nation’s force have developed, the national in- Mr. President, I believe the pendulum call to fight. Our citizen soldiers today terests school which argues that mili- of the use of force doctrine needs to continue to carry America’s value sys- tary force should be used only when swing towards the national interest tem and commitment to freedom and there is clear cut political and military school of thought. Humanitarian mili- democracy. objectives and in an overwhelming tary intervention, in violation of the The world we face is still full of un- fashion. U.N. charter from attacking other certainty and threats. It is not a safe The other school, the limited objec- states to remedy violations of human world. However, all Americans sleep tives school, which would use military rights, will not rectify the underlying soundly at night because of the young force even in ambiguous situations as a human rights problems. When there is men and women standing ready to means of enforcing international deci- no peace to keep then American serv- fight and die, if necessary, for our free- sions or quelling ethnic conflict. ice members become targets, not doms. It is our duty in this body to en- General Colin Powell contended in peacekeepers. sure they are used appropriately. We 1993, the key to using military force is Our challenge is to understand the have an obligation to do just that in to first match political expectations to need for prudent, limited, propor- the future, for our sake and theirs. military means in a wholly realistic tionate use of military force as an in- I yield the floor. way, and, second to attain decisive re- strument of national power. The PRESIDING OFFICER. The Sen- sults. A decision to use force must be I now want to offer a very strong and ator from Georgia. made with a clear purpose in mind, and very thought provoking words from the Mr. CLELAND. Mr. President, I wish then adding that if it is too murky, as book ‘‘Fighting for the Future,’’ by every American could have heard that is often the case, know that leaders Ralph Peters, former Army lieutenant distinguished lecture, dialog, and dis- will eventually have to find clarity. colonel. It is controversial. I offer it as cussion of what I think is the most im- We are having a hard time doing that food for thought. portant action this Government can in the Balkans today. Colonel Peters said: ever take, and that is the question of The decision to use force must also committing young Americans in We face opponents, from warlords to be supported by the public. Presi- druglords, who operate in environments of harm’s way. It is the most serious deci- dential leadership requires working tremendous moral freedom, unconstrained sion that I as a Member of the Senate with Congress and the American people by laws, internationally recognized treaties, can take. It is one of the reasons that requires Congress to work with the and civilized customs, or by the approved be- brings me here to share the podium and
VerDate Mar 15 2010 23:34 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\2000SENATE\S25MY0.REC S25MY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4410 CONGRESSIONAL RECORD — SENATE May 25, 2000 the floor in the Senate with the distin- is a key element that I keep close to today we refer to American men and guished Senator from Kansas, PAT ROB- my heart. I appreciate the Senator women.’’ ERTS, my colleague, my friend. We mentioning it. I share Senator ROBERTS’ sentiment work together so well on the Armed The distinguished Senator mentioned completely. Services Committee on behalf of young that next Monday is Memorial Day, Richard Haass, a former official in Americans in the military and retired May 29. Pursuant to a joint resolution the Bush administration and now di- military and Guard and Reservists, we approved by the Congress in 1950, the rector of Foreign Policy Studies at the thought we would bring our thoughts, President of the United States will Brookings Institution, and also some- our concerns, to the floor of this body issue a proclamation calling upon the one whom both Senator ROBERTS and I and stand shoulder to shoulder as we people of the United States to observe have frequently cited during these dis- are today discussing at the question of a day of prayer for permanent peace in cussions, has written a wonderful prim- American intervention abroad. remembrance of all those brave Ameri- er called ‘‘Intervention, The Use of I will recap a couple of items that cans who have died in our Nation’s American Military Force in the Post- Senator ROBERTS, in his eloquence and service. That is what Memorial Day is Cold War World.’’ In it Mr. Haass pro- in his great research, has pulled to- supposed to be all about—a day of re- vides an overview of the evolution of gether for Members to consider as we membrance. As someone who almost American thinking about intervention, look at the question of America’s wound up on the Vietnam veteran wall, followed by an analysis of current poli- intervention abroad today. He men- I can say that Memorial Day honoring cies on the subject and a set of prag- tioned that we were involved militarily those who never made it back from our matic guidelines which Mr. Haass pro- in 141 places around the globe. I deal wars is something special to me. poses to improve the conduct of future with these issues most every day. That With this, our fourth discussion on American interventions. It is well is even a shocking statistic to me. Ad- the role of the United States in today’s worth the attention of every Member ditionally, we were involved militarily world, Senator ROBERTS and I come to of this distinguished body. in more than 55 percent of all the na- what is probably the core issue moti- Mr. Haass writes: tions on the globe. One wonders if we vating us to take on this entire The changes intrinsic to the post-Cold War are not becoming the new Rome. My project. The key question is, Under world have created new, intense conflicts greatest fear is we will become part of what circumstances should the Govern- that complicate any prospective use of force a Pax Americana, or as 2,000 years ago, ment of the United States employ mili- by the United States. On the other hand, a Pax Romana, where Rome kept the tary force as an instrument of national number of political and technological devel- policy? I can think of no more fitting opments enhance opportunities for the peace in the known world. Is that our United States to use its military might ef- role today? Is that our mission? Are we subject for the Congress to con- fectively....But if there are new reasons called upon to be the new Rome or is template as we prepare for the Memo- as well as new opportunities for the United that part of our intervention strategy? rial Day recess. States to use force, there are no longer any I thought it was fascinating that We have quoted Clausewitz, the great clear guidelines for when and how to do Senator ROBERTS pointed out since Ei- German theoretician on war, numerous it....Intervening too often poses an obvi- senhower we have intervened in the times, but this is a quote that I think ous danger. Any government indulging in world some 51 times; just since 1992 we is appropriate as we approach Memo- what might be described as wanton uses of rial Day. Clausewitz said of war, force would be guilty of acting irresponsibly, have had 51 interventions. We have had particularly toward those in uni- Kind-hearted people might of course think an increase in American military com- form....At the same time, setting too there was some ingenious way to disarm or mitments in the last 10 to 15 years of high a bar against intervention has costs as defeat an enemy without too much blood- some 400 percent, but we have well. Defining interests too narrowly or pre- shed, and might imagine this is the true goal downsized the American military’s requisites for employing force too broadly of the art of war. Pleasant as it sounds, it is would be tantamount to adopting a policy of ability to meet those commitments by a fallacy that must be exposed: war is such a isolationism. some 40 percent. A classic case is the dangerous business that the mistakes which Balkans. I just got back from Mac- come from kindness are the very worst . . . In my view, this is a very lucid dis- edonia, Kosovo, and visited the airbase It would be futile—even wrong—to try to cussion of where we are and of the dif- where we launched the attacks into shut one’s eyes to what war really is from ficult choices we face when—and unfor- Kosovo and Serbia at Aviano, Italy. We sheer distress of its brutality. tunately I must add if—the Congress of have three U.S. Army divisions, as the General Sherman said it best: War is the United States is included in these distinguished Senator from Kansas has hell. For those who participate they deliberations on intervention. We saw pointed out, in effect, bogged down in understand it must only be undertaken these issues largely recapitulated here the Balkans. That is almost a third of under the most serious circumstances. on the Senate floor as recently as last our entire U.S. Army. They are bogged My partner in these dialogues, the dis- week with our belated but still illu- down in the Balkans with no end in tinguished Senator from Kansas, Sen- minating debate on the ongoing Kosovo sight. As the distinguished Senator has ator ROBERTS, has often cited the fol- intervention. pointed out, it is hard to keep the lowing quotation from one of my per- I wish my distinguished friend from peace when there is no peace to keep. sonal heroes, Senator Richard B. Rus- Kansas and I could have had that kind I think also fascinating is his point sell, from thirty years ago, during the of debate before we engaged in the first that some 75 percent of our young war in Vietnam. At that time I was military strike in Kosovo. I still re- Americans in active duty military serving in that war. Senator Russell member well, as the Senator from Kan- service joined the service since 1989. said: sas has indicated, virtually by the time All they have known is turmoil, de- While it is a sound policy to have limited we got the ball here in the Senate, the ployments, commitments, time away objectives, we should not expose our men to prestige of the United States and from their family. I think that is a unnecessary hazards to life and limb in pur- NATO was already at stake. The horse powerful point and one of the things suing them. As for me, my fellow Americans, was already out of the barn. We de- that stresses and strains our American I shall never knowingly support a policy of bated military intervention into sending even a single American boy overseas Kosovo, an offensive strike by NATO, military today. to risk his life in combat unless the entire That brings us to the floor today on civilian population and wealth of our coun- which is a basically defensive military this key question of trust, trust in the try—all that we have and all that we are—is organization—we debated it here only a leadership, especially the civilian lead- to bear a commensurate responsibility in couple of days. We had a very fine de- ership of this Government, and trying giving him the fullest support and protection bate, pro and con, about the future of to increase that trust among our young of which we are capable. that military engagement in Kosovo in men and women deployed all over the That was Senator Russell 30 years the last few days. Those debates will world. His point is certainly well taken ago. As Senator ROBERTS has observed, continue as long as that force is there, today, that if we don’t judiciously use ‘‘That is a most powerful statement of and properly so. But our point here is the American military, then we will truth that has direct applications to let’s make those debates on the floor of see it attrited over time to where we the challenges we face today . . . The the Senate before we commit military cannot use it. So that element of trust only thing that has changed is that force, and not after.
VerDate Mar 15 2010 23:34 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\2000SENATE\S25MY0.REC S25MY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 25, 2000 CONGRESSIONAL RECORD — SENATE S4411 As I mentioned before, the Haass diminution of the Soviet/Warsaw Pact should only be used, he said, where the book also offers a useful presentation threat, the development of greater U.S. stakes warrant it, where and when it can be on the evolution of American thinking capacity to sustain long-distance mili- effective, where the application can be lim- on intervention, starting with our her- tary operations, and the resurgence of ited in scope and time, and where the bene- fits justify the potential costs and sacrifice. itage under what he calls Christian national and ethnic tensions around Multilateral support is desirable but not es- ‘‘just wars,’’ or the ‘‘just war’’ theory the globe. sential. What is essential in every case is a as enunciated by such luminaries as St. A little less than a decade after the clear and achievable mission, a realistic plan Augustine, Thomas Aquinas, and oth- Lebanon debacle, in the aftermath of for accomplishing the mission, and realistic ers. As defined by Haass, under this ap- other interventions in Grenada in 1983, criteria for withdrawing U.S. forces once the proach, ‘‘wars are considered to be just Libya in 1986, Panama in 1989–1990, and mission is complete. if they are fought for a worthy cause, in the 1990–1991 timeframe in the gulf That is a pretty thorough analysis of likely to achieve it, sponsored by le- war, and after the final end of the cold the thought process that must be un- gitimate authority, undertaken as a war, the Chairman of the Joint Chiefs dergone if we are to be successful in last resort, and conducted in a way of Staff, Colin Powell, who had lived our interventions. that uses no more force than necessary through this entire era, propounded a During the Clinton administration, or proportionate and that respects the list of six questions which must be ad- there have been military interventions welfare of noncombatants.’’ dressed before we commit to a military in Iraq on several occasions, and con- While the ‘‘just war’’ theory has intervention. tinuing to this day: In Somalia from never been the sole criterion by which I submit General Powell’s summation 1992 to 1995, in Bosnia and Macedonia America or other western nations have here is a summation based on his own since 1993, in Haiti from 1993 to 1996, in waged war, it is nonetheless still a experience and his own history in look- Afghanistan and Sudan in 1998, and of standard moral benchmark, if you will, ing at this turbulent time. course in Kosovo beginning last year. which we can and should apply to indi- No. 1, is the political objective im- There has been an accompanying evo- vidual proposed interventions. It is portant, clearly defined, and well un- lution away from the more restrictive something we ought to keep in mind. derstood? view of interventions expressed by Sec- As we have discussed before in this No. 2, have all nonviolent means been retary Christopher and toward the less series, the end of World War II and the tried and failed? restrictive stance perhaps expressed onset of the cold war produced great No. 3, will military force achieve the most clearly recently by British Prime tension, the threat of a global nuclear objective? Minister Blair in an April speech last Armageddon, and a vast expenditure of No. 4, what will be the cost? year in Chicago. resources. But it also created a very Next, Have the gains and risks been Prime Minister Blair said: clear standard of military interven- thoroughly analyzed? The principle of non-interference must be Next, After the intervention, how tionism for the United States; namely, qualified in important respects. Acts of geno- will the situation likely evolve and cide can never be a purely internal matter. the containment of the Soviet Union what will the consequences be? When oppression produces massive flows of and its allies. It was under this overall That is, I guess, my biggest problem refugees which unsettle neighboring coun- framework that the two largest post- with some of our interventions. We tries then they can probably be described as World War II American interventions have not thought through the end ‘‘threats to international peace and security. took place, in Korea and Vietnam. . . .’’ So how do we decide when and whether game, sometimes called the exit strat- The eminent military historian of to intervene. I think we need to bear in mind egy. But what would be the result of the war in Vietnam, Colonel Harry G. five major considerations. First, are we sure failure? What will be the result of suc- Summers, Jr., discussed the failure—on of our case? War is an imperfect instrument cess? I am not sure we are thinking for righting humanitarian distress, but many different levels—of that Amer- through our interventions. armed force is sometimes the only means of ican intervention in his book ‘‘On In a similar vein, falling on the side dealing with dictators. Second, have we ex- Strategy: The Vietnam War in Con- of what I would call restraint with re- hausted all diplomatic options? Third, on the text.’’ spect to U.S. military interventions, in basis of a practical assessment of the situa- I have read this book thoroughly. I tion, are there military operations we can 1993, then-Secretary of State Warren just wish I had read it before I went to sensibly and prudently undertake? Fourth, Christopher outlined four prerequisites Vietnam and not after. are we prepared for the long term? In the for the use of force by the United It is not my purpose today to revisit past, we talked too much about exit strate- States: that conflict in detail, but for purposes gies. But having made a commitment we No. 1, the presence of clearly articu- cannot simply walk away once the fight is of today’s discussion on the general lated objectives; over, better to stay with moderate numbers subject of American intervention No. 2, a high probability of success; of troops— abroad, let me quote briefly from Sum- No. 3, the likelihood of congressional Does that sound familiar? mers’ work. He says: and public support; and No. 4, the in- than return for repeat performances with By our own definition, we failed to prop- clusion of a clear exit strategy. large numbers. And finally, do we have na- erly employ our Armed Forces so as to se- Not bad advice. However, even before tional interests involved? The mass expul- cure U.S. national objectives in Vietnam. the start of the Clinton administra- sion of ethnic Albanians from Kosovo de- Our strategy failed the ultimate test, for, as manded the notice of the rest of the world. Clausewitz said, the ends of strategy, in the tion, developments in Africa and in the Balkans were leading to a reassessment But it does make a difference that this is final analysis ‘‘are those objectives that will taking place in such a combustible part of finally lead to peace.’’ of the limits on U.S. military interven- Europe. tions. At the same time his administra- Given the magnitude of our defeat in That is the end of Blair’s statement. tion was deciding in favor of interven- Vietnam, and attendant human, finan- Interesting. cial, and political costs, there was a tion in Somalia but against military Clearly, we have come a long way very understandable recoiling from involvement in Bosnia, President Bush from Vietnam, and today’s world is military interventionism in the public articulated a somewhat lower bar for quite different than the world of the and Congress, among various Presi- U.S. military intervention. As de- sixties and seventies. Questions about dential administrations and among the scribed by Haass: the use of force are, by their very na- American military itself. Nearly a dec- Bush argued for a case-by-case approach in ture, difficult ones. There are no easy ade passed from the end of U.S. combat deciding when and where to use force. He ar- answers and no easy choices for any gued against using interests as an absolute participation in Vietnam in 1973 until guide, noting that ‘‘military force may not President, and certainly not us in the the deployment of the U.S. Marines as be the best way of safeguarding something Congress. Part of this is a product of part of the Multinational Force in Leb- vital, while using force might be the best the disorderly post-cold-war order, or a anon in August of 1982. However, this way to protect an interest that qualifies as new world disorder. Every American was also a period when many of the important but less than vital.’’ and every inhabitant of this planet is post-cold-war conditions described by That is Haass. certainly better off than we were in the Haass as facilitating U.S. interventions Instead, Bush set out five requirements for cold war which threatened the very were first taking hold, including the military intervention to make sense: force survival of global civilization. That
VerDate Mar 15 2010 23:34 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\2000SENATE\S25MY0.REC S25MY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4412 CONGRESSIONAL RECORD — SENATE May 25, 2000 ended, but the termination of that ests—and Senator ROBERTS and I are We see that in the Balkans right phase of international politics has engaging ourselves with that commis- now. made the world actually more complex sion that is cranking up again and we Have we conducted the up-front coordina- for foreign policymakers. hope to have some input—the Commis- tion with our allies, friends, and inter- In the cold war, the superpower ri- sion on America’s National Interests national institutions to ensure our response valry and its mutually assured destruc- articulated that those interests are elicits the necessary regional support to en- tion doctrine, in terms of nuclear war, ‘‘strictly necessary to safeguard and sure long-term success? imposed strong constraints on inter- enhance the well-being of Americans in These are powerful questions, as ar- ventions by either superpower. Korea, a free and secure Nation,’’ and include ticulated by the Chairman of the Joint Vietnam, and Afghanistan were nota- only the following: Prevent, deter, and Chiefs of Staff. He goes on to say: ble exceptions. reduce the threat of nuclear, biologi- In the pre-cold-war history of the cal, and chemical weapons attacks on The military is the hammer in America’s United States, the question of U.S. foreign policy toolbox...and it is a very the United States. That is simple. That powerful hammer. But not every problem we intervention outside of the Western is clear. face is a nail. Hemisphere rarely arose, short of a Two, prevent the emergence of a hos- That is critical. Pearl Harbor or a Lusitania incident tile hegemon in Europe or Asia. As that began the First World War. In the We may find that sorting out the good Senator ROBERTS the other day said, guys from the bad is not as easy as it seems. new post-cold-war disorder, we largely hegemon means the big bully, the lead We also may find that getting in is much face only self-imposed constraints to dog, the big dog. easier than getting out. our actions abroad. Thus, we now need Three, prevent the emergence of a Boy, is that true. answer only whether we should under- hostile major power on U.S. borders or These are the issues we need to confront take such an action, not whether we in control of the seas. when we make the decision to commit our can do so. Four, prevent the catastrophic col- military forces. And that is as it should be That is a clear distinction. In the lapse of major global systems such as because, when we use our military forces, we cold war, we had a line that we knew trade, financial markets, supplies of lay our prestige, our word, our leadership we could not cross or should not cross. energy, and so forth. and—most importantly—the lives of our young Americans on the line. Now there are no lines. If my col- Five, ensure the survival of U.S. al- leagues read Tom Friedman in the lies. As we approach Memorial Day, where book ‘‘Lexus and the Olive Tree,’’ bar- In pursuit of these objectives, the we pay tribute and honor to those riers of all kinds, not only the Berlin ‘‘United States should be prepared to young Americans who have given their Wall, are coming down all over the commit itself to fight,’’ the commis- lives in the past, we must think care- fully and judiciously how we commit world. So the question more and more sion says, ‘‘even if it has to do so uni- young Americans in the future in on American intervention is, Should laterally and without the assistance of terms of American military interven- we do it? What Senator ROBERTS and I allies.’’ I understand my friend and col- tion in the world. are trying to say is that it is not only league, Senator ROBERTS, says this list a Presidential decision, it is a decision Americans who serve today on the might be slightly modified and updated front lines in the service of this great in which all of us have to participate by a new commission, but the content and, hopefully, one that we can arrive Nation in Korea, Kosovo, Bosnia, Saudi will basically be similar. Arabia, and elsewhere around the at a consensus on before we send young In short, I believe we can and must Americans into harm’s way. That is globe, are very special Americans. be prepared to commit all available They have volunteered to do this duty why we are here. That is why we are American resources—including mili- taking the Senate’s time today. for the rest of us. tary forces—in the defense of truly When we return from the Memorial The two administrations which have vital national interests. In such cases, confronted the post-Soviet Union world Day break, Senator ROBERTS and I will I believe Presidents should seek con- resume these dialogs with a discussion have grappled mightily with the com- gressional approval, and I cannot imag- of Clausewitz’s trinity of warmaking. plexities in places such as Iraq, Cro- ine a Congress not granting such au- He said, successfully war is prosecuted atia, Bosnia-Herzegovina, Somalia, thority in these cases. But in all other if you have three things together: the Haiti, and now Kosovo. And almost cases, I believe we have to impose a people, the government, and the mili- every step in these areas have been much higher bar before we put Amer- tary. Marching forward arm in arm is subjected to questioning and con- ican service men and women into what we are all about. That will be the troversy before, during, and after the harm’s way—a much higher bar and a subject of our next discussion. operation in question. Opposition to much higher standard than we have I yield to the distinguished Senator the Presidential policies has not of- used in the last 10 or 15 years. from Kansas, my partner, my dear fered a clear-cut alternative, with General Shelton, Chairman of the friend, Mr. PAT ROBERTS. some opponents calling for greater and Joint Chiefs of Staff, put it beautifully Mr. ROBERTS. Mr. President, how some for lesser exertions of American in an address to the Kennedy School at much time remains? power. As I have said before on several Harvard recently: The PRESIDING OFFICER. All time occasions, I approach the debate on In every case when we contemplate the use has expired. intervention with the greatest respect of force, we should consider a number of im- Mr. ROBERTS. I thank my colleague for the difficulties which the current portant questions. These are not new ques- for his contribution. I yield the floor or, indeed, any other post-cold-war ad- tions, as most are articulated formally in for that purpose. ministration and Congress must face the National Security Strategy. They are: f when deciding Americans should go to Is there a clearly defined mission? war. Is the mission achievable, and are we ap- UNANIMOUS CONSENT AGREE- However, I must say that I believe plying the necessary means to decisively MENT—CONFERENCE REPORT TO any departure from the principle of achieve it? ACCOMPANY H.R. 2559 Do we have milestones against which we using our military intervention solely can measure or judge our effectiveness? Mr. ROBERTS. Mr. President, I ask in defense of vital national interests is Is there an exit strategy? Or, put another unanimous consent that following the a slippery slope. Let me say that again. way, a strategy for success within a reason- allotted times for morning business, I have to say that I personally believe able period? the Senate then proceed to the con- that any departure from the principle Do we have an alternate course of action ference report to accompany H.R. 2559, of using American military interven- should the military action fail or take too the crop insurance bill, and it be con- tion solely in defense of vital national long? sidered as having been read, and under interests is a slippery slope. Let’s re- Are we willing to resource for the long the following time restraints: 1 hour haul? call from our previous discussions the If our military efforts are successful, are under the control of Senator LUGAR; 1 very small ‘‘A’’ list of truly vital inter- the appropriate national and international hour under the control of Senator HAR- ests. As articulated by the 1996 Com- agencies prepared to take advantage of the KIN; and 1 hour under the control of mission on America’s National Inter- success of the intervention? Senator WELLSTONE.
VerDate Mar 15 2010 23:34 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\2000SENATE\S25MY0.REC S25MY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 25, 2000 CONGRESSIONAL RECORD — SENATE S4413 I further ask unanimous consent that guished Presiding Officer who comes setts, led by the Revolutionary War following the use or yielding back of from the State of Illinois would not be veteran, Daniel Shays, shut down the time, the Senate proceed to vote on the here. He would not be presiding in that State courts to stop their creditors conference report, without any inter- chair. These would not be the United from foreclosing on their lands. I won- vening action or debate. States of America. In all likelihood, der what Senator TED KENNEDY would The PRESIDING OFFICER. Is there they would be the ‘‘Balkanized States think of that today. How would Sen- objection? of America.’’ ator JOHN KERRY feel about that— Without objection, it is so ordered. This remarkable document has estab- Shays’ Rebellion? And not only did Mr. ROBERTS. Mr. President, I yield lished our Federal Government. It is they close down the courts to stop the floor and suggest the absence of a fitting, therefore, that we pause today, their creditors from foreclosing on quorum. and I thought it fitting that someone their lands, but they also attacked the The PRESIDING OFFICER. The take the floor to remark about the im- Federal arsenal at Springfield. When clerk will call the roll. portance of this day in history and the Massachusetts appealed for assistance, The assistant legislative clerk pro- importance of this document. It is fit- Congress had neither an adequate army ceeded to call the roll. ting that we pause to reflect on what nor adequate funds to suppress Shays’ Mr. BYRD. Mr. President, I ask unan- those men who met at the Constitu- Rebellion. imous consent that the order for the tional Convention hoped to accomplish George Washington, who had retired quorum call be rescinded. and to remark on what they achieved. to his estate at Mount Vernon after The PRESIDING OFFICER. Without The fledgling United States was in commanding American forces during objection, it is so ordered. dire straits in 1787. There were no auto- the Revolutionary War, feared for the Mr. BYRD. Mr. President, has an mobiles. There were no airplanes, no survival of his country and predicted order been entered for me to be recog- diesel motor trains, no electric lights, ‘‘the worst consequences from a half- nized at this time? no sulfa drugs, no antibiotics in 1787. It starved, limping Government, always The PRESIDING OFFICER. It has. had become painfully apparent that the moving upon crutches and tottering at every step.’’ That was George Wash- The Senator is recognized for 20 min- first National Government under the ington, the first President and the utes. Articles of Confederation was not greatest President ever of the United Mr. BYRD. I thank the distinguished working. Presiding Officer. Having thrown off the yoke of royal States. In 1785, a dispute over navigation Mr. President, I may have to length- rule during the Revolution, Americans rights on the Potomac River prompted en that. at first had been reluctant to establish the States of Virginia and Maryland to I ask unanimous consent at this time another strong central government. set up a meeting to settle their dif- that I may speak up to 30 minutes, if I Not many people, I wager, in this coun- ferences. Maryland’s delegation went need to. try remember much, if anything, about to Alexandria, VA, only to find that The PRESIDING OFFICER. Is there the Articles of Confederation, our first Virginia’s delegates had not yet ar- objection? Constitution, but our forebears had rived. They had no interstate high- Without objection, it is so ordered. created a Government under the Arti- ways. They had no great bridges that f cles of Confederation that represented spanned the river. They had no air- little more than a loose association of CONVENING OF CONSTITUTIONAL planes. There was no airport over at 13 States, with the States retaining the CONVENTION, MAY 25, 1787 National in those days. There were real power. Those States were the Mr. BYRD. Mr. President, today, May only horses and buggies. former Colonies. As I say, Maryland’s delegation went 25, in the year of our Lord 2000, marks The National Government consisted to Alexandria, VA, only to find that the 213th anniversary of a monumental of a single legislative body. Most of the Virginia’s delegates had not yet ar- event, the most monumental event governments in the world today consist rived. Anxious for the conference not that ever occurred in American his- of unicameral legislative bodies, one to fail, George Washington graciously tory. It was on May 25, 1787, that a suf- legislative body. But there are 61 gov- invited the delegates to Mount Vernon. ficient number of State delegations ernments in the world today that have There the two delegations discussed convened in Philadelphia to begin their bicameral legislatures. Most of the tolls and fishing rights on the Poto- deliberations ‘‘to form a more perfect larger countries have bicameral legis- mac. Where does the Potomac rise? It Union.’’ Fifty-five delegates labored lative bodies. There are 61 of them. And rises in my State, in West Virginia. Of through that long, hot summer in Inde- in only two, the United States and course, there was no West Virginia in pendence Hall in the very room where Italy, are the upper chambers not sub- those days, but there was Virginia. And the Declaration of Independence had ordinate to the lower chambers. other questions were raised that went been signed 11 years earlier. By Sep- Each State, under the Articles of beyond their immediate disputes. When tember 17 of that year, when they ad- Confederation, regardless of size— the Virginia delegates submitted their journed sine die, they had produced a whether it was Pennsylvania, New report to the Virginia Assembly, it remarkable document, the most re- York, tiny Delaware, Rhode Island, or went to a committee chaired by James markable document of its kind that Georgia—each State, regardless of size, Madison, Jr. was ever written, the Constitution of had a single vote in the Congress, in Convinced that larger issues re- the United States. that one body. Under the Articles of mained, Madison persuaded the assem- I place only the King James version Confederation, Congress could raise bly to pass a resolution calling for a of the Holy Bible above this document, money only by asking the States for it. convention in the States to deal with the Constitution of the United States. Congress had no power to force a State interstate commerce. In the fall of 1786, That is the remarkable document that to pay its share. At times, Congress that convention met in Annapolis, MD. established our Federal Government, lacked the funds to pay its soldiers’ You see, if it were today, Senators that provided for a U.S. Senate, that salaries and faced the threat of mu- BARBARA MIKULSKI and PAUL SARBANES provided for the equality of the small tiny. General George Washington faced would be there. But it was long before States with the large States. That is that threat of mutiny. The Nation’s their time. That convention could do the document that made it possible for international credit remained weak be- nothing, since only 6 of the 13 States tiny, mountainous West Virginia to cause of its war debts, which went un- sent representatives. Spurred by Madi- have two votes, to be equal to the great paid due to wrangling between and son of Virginia and Alexander Ham- State of New York, to be equal to the among the States. ilton of New York, the Annapolis con- great States of California, Florida, Illi- This discouraged foreign invest- vention called for another convention nois, Ohio, Indiana in the Senate. If it ments—as one could imagine—and fur- the following year in Philadelphia to were not for this document which I ther complicated the efforts to fund go beyond commercial disputes and hold in my hand, the Constitution of the Government operations. consider creating a Federal Govern- the United States, we wouldn’t be here As economic conditions worsened, a ment strong enough to meet the needs today. I wouldn’t be here. The distin- band of farmers in western Massachu- of the new Nation.
VerDate Mar 15 2010 23:34 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\2000SENATE\S25MY0.REC S25MY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4414 CONGRESSIONAL RECORD — SENATE May 25, 2000 On May 14, 1787, the date set for that the people and, indeed, they began as much as it solved the problems that convention to open, a quorum could their document with the words: ‘‘We had festered under the Articles of Con- not be attained. Not until May 25—213 the People.’’ But they also anticipated federation, it was not a finished docu- years ago today—did delegates from a that public opinion would swing wild- ment. Despite the towering presence of majority of the States arrive. That was ly—swing like a pendulum—wildly at George Washington, Benjamin Frank- an important day—the day that a times, and that public passions could lin, Alexander Hamilton, Madison, quorum of delegates arrived. Eventu- get swept away in the frenzies of the Mason, and other wise and trusted ally, all but Rhode Island would send moment. Some people glibly refer to leaders at the Constitutional conven- delegates. our form of government as a democ- tion, there remained deep public sus- With a quorum established, they got racy. When you hear someone say that picion over this new government, down to business by unanimously form of government is a democracy, which after all had been debated en- electing George Washington as their mark that person as not knowing what tirely in secret session. Some delegates Presiding Officer. Talk about a great he is talking about. That person does refused to sign the Constitution be- President, one that all the subsequent not know what he is talking about cause it lacked protection of individual Presidents—I am sure most of them— when he says that this Government is a rights. This omission proved a major have tried to emulate, there was the democracy. It is not. Rather than a de- obstacle to the ratification of the Con- greatest President of all, George Wash- mocracy, the Framers created a rep- stitution, leading Madison to pledge ington, first in the hearts of his coun- resentative government, a republic, his support for a series of amendments trymen. His great prestige, the dele- with elaborate checks and balances. while the ink on the Constitution was gates knew, would help to quiet public If we want to understand the dif- still wet. During the First Congress, as suspicion of the convention’s intent. ference between a democracy and a re- a member of the House of Representa- That convention closed its doors. They public, let James Madison explain the tives, Madison proposed the first ten didn’t open the doors to the public. difference in Federalist No. 10 and Fed- amendments, known as the Bill of They locked the doors and established eralist No. 14. Rights, and two other amendments not sentries at the doors and conducted its As James Madison later explained in ratified at the time (one of which more proceedings in secret. That was a good the Federalist: ‘‘If men were angels, no recently resurfaced as the 27th amend- thing. government would be necessary. If an- ment) and which we remember in our According to James Madison’s notes gels were to govern men, neither exter- own time here in the Senate. from May 25, Washington, ‘‘in a very nal nor internal controls on govern- The late Justice Thurgood Marshall emphatic manner . . . thanked the con- ment would be necessary. In framing a once commented that he could not ad- mire the framers’ decision to com- vention for the honor they had con- government which is to be adminis- promise with slavery, and that, there- ferred on him, reminded them of the tered by men over men, the great dif- fore, he preferred to celebrate the Con- novelty of the scene of business in ficulty lies in this: You must first en- stitution as ‘‘a living document, in- which he was to act, lamented his want able the government to control the cluding the Bill of Rights and other of better qualifications, and claimed governed; and in the next place oblige amendments protecting individual it to control itself.’’ the indulgence of the House toward the freedoms and human rights.’’ Several Mr. President, because the U.S. Con- involuntary errors which his inexperi- amendments to the Constitution were stitution still functions essentially the ence might occasion.’’ The convention more administrative in scope, designed way its authors intended, and because then elected a secretary and appointed to fix flaws in the Electoral College, it has been amended only 27 times in a committee to prepare its standing change the calendar for congressional the past two centuries, that Constitu- rules. The convention knew the impor- sessions and presidential inaugura- tional convention has sometimes been tance of standing rules. The convention tions, and permit the levying of a fed- celebrated as the ‘‘Miracle at Philadel- had learned that from the colonial leg- eral income tax. But most of the phia,’’ and the delegates praised by islatures, the State legislatures, and amendments dealt with expanding from Parliament in the motherland. none less than Thomas Jefferson as democratic rights and freedoms, from Several of those forebears came from ‘‘demigods,’’ suggesting that their the abolition of slavery to the exten- England, Scotland, and Ireland; they work was divinely inspired. In point of sion of the right to vote to blacks, were all subjects of Great Britain, of fact, the convention was a long, hard, women, and 18-year-olds, and even for course. They knew about Parliament. bitterly-debated ordeal that on several the right of the people to directly elect So, they prepared standing rules. occasions came close to collapse. They their United States senators. These few Over the next 3 months, the delegates did not have air-conditioning in those amendments have improved the origi- crafted an entirely new Federal Gov- days. Those summers were just as hot nal document. Yet, in so many respects ernment for the United States. Ever as they are now, I suppose. The dele- the Constitution remains unchanged. fearful of tyranny, they solved the gates needed to reach several crucial Today, each branch of the government problem of concentration of power by compromises before enough of them retains essentially the same powers it dividing responsibilities among three would agree to the new constitution. was given in 1787—albeit magnified to equal branches of Government. O, that One of these compromises—known as meet the challenges of subsequent cen- more of our people today would study the Great Compromise—created the turies. Ours, as Justice Thurgood Mar- American history! I am not talking U.S. Senate as a means of satisfying shall reminded us, is a living Constitu- about social studies; I am talking the smaller states’ demands for equal- tion. about history—American history. O, ity, while the House of Representatives If the Holy Bible were small enough, that more of our Members would re- would grant more votes to the larger I would carry that with me, too. This is fresh their memories concerning Amer- states by apportioning on the basis of the Constitution of the United States. ican history! How many times have I population. Another pivotal com- Fortunately, it is a small document. It reminded ourselves of the importance promise—the Three-Fifths Com- is a compact document that fits com- of the checks and balances, the separa- promise—addressed the emotional fortably inside my shirt pocket, and tion of powers, the fact that there are issue of human slavery, by permitting several Senators in this body carry the three equal and coordinate branches of slaves to be counted as three-fifths of a Constitution in their pockets. It is far Government? person for purposes of taxation and shorter than most State constitutions, As pragmatists who doubted the per- representation. Without the agree- including my own West Virginia Con- fectibility of human beings, they as- ment, the Southern states would not stitution. It does not take long to read. sumed—those delegates at the conven- have ratified the new constitution. But each time one reads it, one will tion—that strong individuals and Yet, it left in place the peculiar insti- find something new in that Constitu- groups would always grasp for more tution of slavery that eventually would tion—some thought that did not occur power—and they were right—which tear the nation apart in civil war. to that individual before. would be dangerous, even if meant for In other words, Mr. President, as re- It does not take long to read, and yet good purposes. They, the delegates, be- markable as was the Constitution that opinion polls show that many Ameri- lieved that government evolved from emerged from Philadelphia in 1787, and cans have either never read it or have
VerDate Mar 15 2010 23:34 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\2000SENATE\S25MY0.REC S25MY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 25, 2000 CONGRESSIONAL RECORD — SENATE S4415 forgotten most of what they learned reading the King James version of the verses for the people who are watching about it in school. That may also go Holy Bible together. We are down to through that electronic eye above the for a good many of the Members of this where we lack four chapters. We try to presiding chair. I want in my small body, and the other body. It would be read the Bible every Sunday—not that way to dedicate them today to Detec- very well if all Members of the Senate I am somebody who is good; the Bible tive John Euill. and House reread the Constitution says that no man is good; not that I am Blessed are they that keep his testimonies, from time to time. It is vital that all somebody good —but she and I read and that seek him with the whole heart. Americans familiarize themselves with that Bible every Sunday. Three or four They also do no iniquity: they walk in his this document so that they know their months ago, I counted the number of ways. constitutional rights and their con- chapters remaining, and it came out to Thou hast commanded us to keep thy pre- stitutional responsibilities. where if I divided them in a way that cepts diligently. Let me suggest, therefore, that May we would read six chapters every Sun- I thank all Senators for their pa- 25, marking the anniversary of the day day, we could finish the Bible, the tience, and I yield the floor. the Constitutional Convention got reading of the Holy Bible, from begin- f down to business, would be an appro- ning to end, the old testament and the SPECIAL AGENT JOHN J. TRUSLOW priate day for all of us to once again new, on next Monday, our wedding an- read the Constitution and to appreciate niversary. We lack four chapters, and Mr. REED. Mr. President, I would the framers’ efforts ‘‘to form a more God willing, we will finish those four like at this time to pay my respects to perfect Union, establish Justice, insure chapters next Monday. FBI Special Agent John Joseph domestic Tranquility, provide for the After that day, we will be on our way Truslow. John Truslow, an FBI agent common defense, promote the general to our 64th wedding anniversary. stationed in Providence, was more than ‘‘just an agent.’’ He was a brave man, a Welfare, and secure the Blessings of f Liberty to ourselves and our Pos- Rhode Islander who cherished his home DETECTIVE JOHN EUILL terity.’’ state and served its people with cour- This coming Monday is Memorial Mr. BYRD. Mr. President, as I am age and distinction. Day, May 29. On that day, Edmund talking about the Bible, I want to call John grew up in Central Falls, Rhode Randolph, Governor of the State of attention to a good man who works in Island and attended the University of Virginia, presented his 15 resolves, his this Capitol. He is a detective. His Rhode Island, receiving a bachelor’s de- 15 resolutions to the convention. The name is John Euill. gree in 1972 and a master’s degree in debates in those ensuing days largely Every time this little publication 1978. In 1980, he joined the Federal Bu- centered around Randolph’s resolu- comes out, he brings it to me. The title reau of Investigation in New York, tions, or the so-called Virginia plan. of it is, ‘‘Our Daily Bread.’’ John Euill where he was assigned for eleven years. So, I say to my colleagues, remember always brings that to me. Of course, we In 1991, John Truslow transferred this coming Monday. That was the day are not supposed to call attention to back home to Rhode Island, with his when the convention first heard about anyone in the galleries in the Chamber, wife, Diane, and their two children, the Virginia plan. but I am going to call attention to Catherine and David. Long live the memories of the Fram- someone who is sitting on the Chamber During the next nine years with the ers of the U.S. Constitution! bench on the Republican side right Bureau, John Truslow distinguished himself by leading several federal f now. All of our Members have shaken his hand. He is courteous. John Euill is probes that attacked corruption in our WEDDING ANNIVERSARY a wonderful man. cities and towns. CELEBRATION Let me read just a few words from In 1996, when the North Cape barge Mr. BYRD. Mr. President, this is not ‘‘Our Daily Bread,’’ which he gave me ran aground at Moonstone Beach, spill- quite as important a subject to my lis- today. The chapter titled, ‘‘Building on ing over 800,000 gallons of home heating teners, perhaps, as the words I have the Bible’’: oil into Narragansett Bay and killing just spoken, but it is an important sub- What can be done to improve society? An millions of fish and wildlife, John ject to me, because next Monday, the MTV political correspondent had this unex- Truslow was hard at work. Throughout Lord willing—in the Book of James, we pected but praiseworthy suggestion: ‘‘No that year and the next, he led a me- are told always not to say, I’ll do this matter how secular our culture becomes, it thodical investigation, which uncov- or I will do that tomorrow; I’ll go here will remain drenched in the Bible. Since we ered the corporate negligence that con- will be haunted by the Bible even if we don’t tributed to the disaster. Because of his or I’ll go there tomorrow; always say, know it, doesn’t it make sense to read it?’’ ‘‘the Lord willing’’ —next Monday, the Our culture is indeed ‘‘drenched in the work, a groundbreaking agreement was Lord willing, my wife and I will cele- Bible.’’ Whether or not the majority of peo- reached in which the owner of the brate our 63rd wedding anniversary. ple realize it, the principles on which the North Cape agreed to pay $9.5 million I have to frankly say that what little United States was founded, and the values in criminal damages. Today, despite I have amounted to, if it is anything which still permeate our national life, were one of the worst environmental acci- much, I owe for the most part to her. based on the Holy Scriptures. dents in Rhode Island’s history, Narra- She saw to it that I earned a law de- If Senators don’t believe that, go gansett Bay is recovering, due, large gree. She virtually put me through law back and read the Mayflower Compact part, to the work of Mr. Truslow. school by her caring ways. She fulfilled and many of the other great documents Described by friends and co-workers the responsibilities at home, rearing that form the basis of this great Na- as a man of substance and a man of our children while I was busy. She tion. honor, John continued to report to went to the store, she did the buying, Yet, God’s Word no longer occupies the work each day, even after having been she did the washing, she did the iron- commanding place it held in the past. diagnosed with terminal brain cancer ing, she pressed my clothes. She And that is true. in August 1999. In fact, on April 5, one mopped the floors, she vacuumed the Its ethics are sometimes still praised even day after his twentieth anniversary carpets, she did the work. I have never though biblical morality is flagrantly vio- with the FBI and after months of being seen a person who was a harder worker lated. So I agree with the political cor- physically ravaged by cancer and the than my wife and the woman who respondent’s urging that people read the effects of chemotherapy, John testified raised me, my old foster mother, my Bible. before a federal grand jury to present We need to do more, however, than just aunt. read the Word of God. We need to believe the evidence which lead to the indictment But Erma is the one to whom credit Bible and put its inspired teachings into on bankruptcy fraud charges of a is due. She has set the kind of example practice. The psalmist reminded us that we Rhode Island traffic court judge. for me over the years that I have not are to walk in God’s ways, to keep His pre- Twelve days later, on April 17, he was been able to emulate fully. This com- cepts diligently, and to seek Him with our in court for that indictment. ing Monday, I am going to show her my whole heart. John was a dedicated agent, working appreciation by going back to the hills Psalm 119, the second through the up until his final days. We are humbled with her. On Monday, we will finish fourth verses. I am going to read those by his courage, allegiance to duty and
VerDate Mar 15 2010 23:34 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\2000SENATE\S25MY0.REC S25MY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4416 CONGRESSIONAL RECORD — SENATE May 25, 2000 his perseverance in the face of adver- nis Aiken. ‘‘He wasn’t given a lot of time by ates say. In one fraud case, Belkin recalls, a sity. He served with honor and distinc- the doctors, but he had things that he want- suspect being questioned by Truslow raised tion, for the people of his home state of ed to finish. He met every goal he set.’’ his hand and, to the dismay of his lawyer, Rhode Island as well as the Federal Bu- That sense of purpose was evident at said, ‘‘Guilty.’’ Truslow’s wake last Monday, a celebration of Last Aug. 11, while delivering subpoenas to reau of Investigation. his life that drew an overflow crowd of Newport, Truslow suffered a seizure and Unfortunately, John lost his battle friends, family and colleagues from through- blacked out, crashing his car into a tree in with cancer on May 5. To his family, I out the Northeast. Middletown. He came to in an ambulance. offer my sincerest condolences. Patting his friend’s hand, Aiken talked Hospital tests found seven tumors in his I need not tell them that they can be about Truslow’s love of his family and his brain and three more in his lungs. Following proud of John; they already know that. job, and vowed that his work would con- 10 days of radiation treatment, doctors at But, I would like them to know what tinue: the Dana Farber Cancer Institute in Boston ‘‘There’s still a lot of people we need to put John’s work meant to so many in our found that the tumors had grown. Last Octo- in jail.’’ ber, they estimated that he had six months state. He made a difference in our EVEN AT 6–FOOT–5, John J. Truslow was to live. criminal justice system and has left a a man who, with his crumpled raincoat and ‘‘We were beside ourselves,’’ recalls Dianne lasting impression on friends, co-work- mild personality, ‘‘could easily fade into the Truslow. ‘‘We sat there and wept.’’ ers and colleagues in law enforcement. background,’’ says friend and federal pros- Agents continued to drive Truslow to Bos- While he is gone, John’s legacy of ecutor Ira Belkin. ton for treatment. His hair fell out, his body duty and courage lives on, and his ‘‘He was all substance, no show,’’ says grew gaunt, and he suffered painful side ef- record of service to his country and Belkin. ‘‘No task was too small or too big. If fects from the chemotherapy. Still, he kept I had 10 John Truslows, there would be no Rhode Island will not soon be forgot- working. His job helped distract him from crime in Rhode Island.’’ the cancer, and the cancer drove him to push ten. Truslow grew up in Central Falls, one of hard to finish cases. I ask unanimous consent that an ar- four children. His father worked for a local Truslow worked on a Plunder Dome case ticle from the Providence Journal-Bul- gas company; his mother worked in a mill. involving lawyer and long-time State House letin on the life of Mr. Truslow be As a student at the University of Rhode Is- insider Angelo ‘‘Jerry’’ Mosca Jr. In Janu- printed in the RECORD. land in the early 1970s, Truslow met a high- ary, Mosca pleaded guilty to delivering There being no objection, the article ranking FBI official the father of a class- $25,000 in bribes to city tax officials; one of was ordered to be printed in the mate and ‘‘became fascinated with the bu- the bribes involves allegations that $10,000 reau,’’ recalls his wife, Dianne L. Truslow. RECORD, as follows: was intended for an unidentified high-rank- The FBI official told him that there were ing city executive. [From the Providence Journal-Bulletin, May two paths to becoming an agent accounting Truslow also sat at the table with a federal 14, 2000] or law school. Truslow chose accounting. prosecutor in March, when Providence tax REMEMBERING A MAN WHO HAD THE COURAGE He joined the bureau in 1980, in New York, collector Anthony E. Annarino pleaded OF HIS CONVICTIONS and within a few years began specializing in guilty to taking bribes in another Plunder (By Mike Stanton; Journal Staff Writer) white-collar crime. In 1991, he transferred to Dome case. Rhode Island, moving to East Greenwich. Despite the ravages of brain cancer, FBI Truslow’s wife says that he set milestones Before long, Truslow was leading a federal to keep himself going: his 50th birthday in agent John Truslow, whose cases included corruption probe of the Town of Johnston, the North Cape oil spill and Operation Plun- November, which was marked by a surprise involving bribes by developers to town offi- party attended by about 75 FBI agents and der Dome, worked up until the final days of cials. his life. other friends; Christmas, his children’s One official was charged with demanding a birthdays, his 20th anniversary with the FBI. $10,000 bribe, which he described as ‘‘coffee On April 5, the day after marking his 20th When two dozen FBI agents prepared to money.’’ Ultimately, eight people were con- raid Providence City Hall last spring, a anniversary, Truslow was back before a fed- victed. Long-time Johnston Mayor Ralph eral grand jury, presenting evidence that led lanky, bespectacled agent named John aRusso, who wasn’t charged, was voted out Truslow was put in charge. to the indictment of former Rhode Island of office. traffic-court judge John Lallo on bankruptcy ‘‘We specifically chose him because we ‘‘The people in Johnston Town Hall hated fraud charges. wanted someone who was low-key and deci- to see him,’’ recalls Dianne Truslow. ‘‘He In the preceding months, Truslow had con- sive,’’ recalls Daniel Knight, the head agent knew their records better than they did.’’ tinued to build the case, interviewing wit- in Providence. Other Johnstonians cheered him on. One nesses at Foxwoods casino in Connecticut, Later that afternoon, while top federal was Rosie Cioe, proprietor of the downtown where Lallo had piled up gambling debts. prosecutors and FBI officials held a news Providence deli Amenities, where Truslow On April 17, Truslow appeared in court for conference to announce Operation Plunder would stop in every morning for a cranberry Lallo’s arraignment. One week later, on Dome, Truslow was back in his familiar post muffin. April 24, he came to work for the last time. behind the scenes, poring through the arcane ‘‘John kept my hopes up that Johnston After a few hours, however, it became appar- documents and tedious tax records that would turn itself around,’’ she recalls. ‘‘I’d ent that he had taken a turn for the worse: would help the government build criminal say, ‘You’re doing a hell of a job, John. Keep he struggled to speak in complete sentences, cases against corrupt Providence officials. going.’ He’d just smile.’’ If John Truslow toiled in obscurity, his ef- Peter DiBiase, a Providence criminal-de- and had to be taken home. forts were not in vain. He worked on some of fense lawyer who represented people inves- He died nearly two weeks later. On Thurs- the most prominent criminal cases in Rhode tigated by Truslow, calls him ‘‘a worthy ad- day, Truslow’s wife and children, following Island over the past decade from public cor- versary and an honorable man.’’ his wishes, scattered his ashes from an air- ruption in Johnston to criminal negligence ‘‘He played hard and he played fairly,’’ re- plane over a favorite spot overlooking Narra- in the 1996 North Cape oil spill to the ongo- calls DiBiase. ‘‘He’s the most diligent FBI gansett Bay. ing corruption probe of the administration of agent I ever met.’’ Dianne Truslow recalls her husband’s pride Providence Mayor Vincent A. Cianci Jr. ON JAN. 19, 1996, the tug Scandia caught back on April 4, when he was honored for his Truslow kept working even after he was di- fire in a storm and ran aground at 20 years of service in the FBI. Barry W. agnosed with terminal brain cancer last Moonstone Beach with the barge North Cape, Mawn, the head of the FBI’s Boston office, year. causing the worse oil spill in Rhode Island hailed Truslow as ‘‘a profile in courage.’’ As the cancer ravaged his body and the history. As the 200 people there wept openly, a sob- chemotherapy failed to arrest the disease’s Truslow led a team of state and federal in- bing Truslow thanked them. advance, Truslow would say that he was ‘‘on vestigators in piecing together hundreds of ‘‘I don’t know how much longer I have,’’ top of the world’’ and keep showing up for boxes of ship records and interviewing crew said Truslow, ‘‘but I will continue to work work. members who had concealed problems with every day and do my best.’’ Although his gait was unsteady and he was the boats. f unable to drive, Trusklow was still on the The result was a groundbreaking 1997 job in April, putting in a nine-hour day as a agreement in which the boat owner, Eklo AGRICULTURAL RISK PROTECTION federal grand jury indicted retired Rhode Is- Marine Corp., agreed to pay $9.5 million in ACT OF 2000—CONFERENCE RE- land traffic-court judge John F. Lallo on damages. PORT fraud-related charges after an 18-month in- ‘‘Some agents are good with paper and Mr. LUGAR. Mr. President, I submit vestigation. some are good with people there aren’t many a report of the committee of con- On May 5, Truslow died, with his wife of agents like John who are good with both,’’ nearly 22 years, Dianne, and their daughter says Belkin. ference on the bill (H.R. 2559) to amend Catherine and son David nearby. He was 50. Truslow had a patient, methodical style of the Federal Crop Insurance Act to ‘‘John would never, ever give up,’’ says his interviewing that broke down many a target strengthen the safety net for agricul- friend and colleague, Special Agent W. Den- into confessing criminal wrongdoing, associ- tural producers by providing greater
VerDate Mar 15 2010 23:34 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\2000SENATE\S25MY0.REC S25MY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 25, 2000 CONGRESSIONAL RECORD — SENATE S4417 access to more affordable risk manage- farmers in this fiscal year based on last we produce and about a third of the ment tools and improved protection year’s AMTA payment rate. Five hun- corn we produce. There can be no pros- from production and income loss, to dred million dollars is provided for oil- perity in American agriculture without improve the efficiency and integrity of seed producers. Funds are also provided vigorous negotiations to knock down the Federal crop insurance programs for specialty crops including funding these trade barriers and to open up and for other purposes and ask for its for purchases of crops that have experi- prospects for our farmers to realize the immediate consideration. enced low prices in 1998 or 1999 and benefits of having the best—the best in The PRESIDING OFFICER. The re- loans for apple producers who are suf- terms of quality, the best in terms of port will be stated. fering economic and income loss. Fi- price. The legislative clerk read as follows: nally, funding is provided for purchases These economic circumstances do not The committee on conference on the dis- of commodities for the school lunch pertain if there are barriers to exports. agreeing votes of the two Houses on the program which benefits school children But in this interim period, it is appro- amendment of the Senate to the bill H.R. as well as farmers. priate that Congress has understood 2559, to amend the Federal Crop Insurance Title III of the conference report con- these unusual international problems Act have agreed to recommend and do rec- tains the Biomass Research and Devel- and understood we are in transition to ommend to their respective Houses this re- opment Act, a bill which I originally more market-oriented farming. The port, signed by all of the conferees. introduced in the Senate last year. crop insurance title in particular rec- The PRESIDING OFFICER. Under This legislation establishes a focused, ognizes the possibility of farmers be- the previous order, the Senate will pro- integrated, and innovation-driven re- coming much better marketers, much ceed to the consideration of the con- search effort to develop technologies better business people, which all of us ference report. (The conference report for the production of biobased indus- will have to become if we are, in fact, is printed in the House proceedings of trial products. The bill also authorizes to succeed over the coming generation. the RECORD of May 24, 2000.) a biomass research and development I know many Senators will want to The PRESIDING OFFICER. The Sen- initiative to competitively award speak on this issue. I yield the floor. ator from Indiana. grants to carry out research and devel- The PRESIDING OFFICER. The Sen- Mr. LUGAR. Mr. President, as a par- opment of low cost and sustainable ator from North Dakota. liamentary inquiry, my understanding biobased industrial products. Who yields time to the Senator from is that unanimous consent has been Title IV and V of the conference re- North Dakota? reached that this Senator controls 1 port consolidates and streamlines ex- Mr. CONRAD. I yield myself time off hour of debate, the distinguished Sen- isting statutory authorities for plant the leader’s time. ator from Iowa, Mr. HARKIN, 1 hour of protection and authorizes civil pen- The PRESIDING OFFICER. Without debate, and the distinguished Senator alties for harming or interfering with objection, it is so ordered. from Minnesota, Mr. WELLSTONE, con- animals used for USDA inspections. Mr. CONRAD. Mr. President, as a trols 1 hour of debate. Senator CRAIG had originally intro- member of the conference on the dis- The PRESIDING OFFICER. The Sen- duced this legislation in the Senate. aster bill and the crop insurance bill, I ator is correct. I thank Senator HARKIN, the ranking am pleased to give strong support to Mr. LUGAR. I yield to myself such minority member of the committee, the conference report. time as I may require. and Senator ROBERTS and Senator First, I thank the chairman of the The PRESIDING OFFICER. The Sen- KERREY for their hard work and that of Senate Agriculture Committee, Sen- ator from Indiana. their staff in finalizing the crop insur- ator LUGAR, for his leadership, his pa- Mr. LUGAR. Mr. President, I rise to ance legislation. All members of the tience, and his very gracious treatment speak about the Agricultural Risk Pro- conference committee and their staff of all of our colleagues. All of us under- tection Act of 2000. I am very pleased are thanked for their important con- stand this particular bill was not Sen- this legislation is before the Senate tributions to the process. ator LUGAR’s first preference. Once today for final consideration after a Finally, I also want to thank Con- again, he responded to the concerns of great deal of work by Senators of both gressman COMBEST, the chair of the colleagues on the Senate Agriculture parties and both sides of this Capitol. I House Agriculture Committee, and Committee and in the larger body and am here to testify that there is proud Ranking Minority Member STENHOLM did so in a most gracious way. For bipartisan support for this legislation, and their staff for their hard work in that, I thank Senator LUGAR. He has highlighted by the fact that all mem- the past few weeks on this legislation. once again demonstrated the way we bers of the conference committee for I am pleased to report the House of ought to do business in the Senate. He this legislation signed the conference Representatives took action on this has certainly set a high standard. report after our meeting yesterday. conference report this morning and I also thank our ranking member, This conference report contains sev- passed it unanimously. I am hopeful Senator HARKIN, who has been indefati- eral titles. Title I pertains to crop in- that we may have a result similar, if gable in advancing the cause of Amer- surance important to so many agri- not exactly the same as that, this ican agricultural producers. Senator culture producers throughout the coun- afternoon in this body. HARKIN has been a forceful advocate. try. The fiscal year 2001 budget resolu- Let me simply add that this legisla- Time after time, he has stood in the tion provided $8 billion over 5 years for tion is of enormous importance to breach and insisted we do what is right crop insurance legislation. This con- American agriculture. I have tried to by farmers and ranchers all across the ference report increases premium sub- summarize as succinctly as possible country. I thank Senator HARKIN for sidies to make crop insurance more af- these five titles. But the consequences his exceptional leadership. We would fordable. The bill also tightens pro- of this bill are very substantial. The not be here today without him. gram integrity provisions to limit dollars involved I have outlined. But I also thank Senator KERREY and abuse. It also helps producers of non- the confidence, the hope that comes to Senator ROBERTS who were the pri- insured crops, predominantly specialty producers who have had great discour- mary sponsors of the legislation before crops, by making the non-insured as- agement in terms of low prices, in us. Without their steadfastness right to sistance program more readily avail- terms of export markets that have the bitter end, we would not be here able to them. Finally, the legislation been withheld due to economic condi- today. We faced a threat as late as last encourages farmers to adopt a broad tions in Asia, biotechnology disputes night when it was proposed we put the array of risk management activities now in Europe, very great problems in bankruptcy bill on this legislation. All beyond crop insurance alone. negotiating trade agreements, whether of us know what that would have Title II of this conference report pro- it be the Seattle scene or the Wash- meant. That would have meant endless vides $7.14 billion in economic assist- ington scene more recently—this has delay. That would have meant sinking ance to farmers as provided in the fis- been a very tough time. into a bog of controversy that extends cal year 2001 budget resolution. In- The Chair comes from the State adja- not only to the bankruptcy bill, but cluded in this conference report is cent to my own, a State which, like In- unrelated issues attached to it. Special $5.466 for a market loss payment for diana, must export half of the soybeans thanks to those who stood firm and
VerDate Mar 15 2010 23:34 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\2000SENATE\S25MY0.REC S25MY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4418 CONGRESSIONAL RECORD — SENATE May 25, 2000 said, no, this needs to be a bill that In addition, AMTA payments are not both parties to that lawsuit—farmers deals with the critical problems facing based on current production. AMTA and USDA—have a reason to settle farmers and ranchers in the United payments, as a result, can go to pro- that lawsuit, with every policyholder States. ducers and landowners who may no who received a claim getting addi- I also thank my close friend and col- longer be producing the crop on which tional per-bushel assistance. league, Senator GRASSLEY, who, as a their payment is based or who are no More importantly, the bill language member of the Budget Committee, longer growing a crop of any kind. makes it clear that actions on the part worked with me to secure the $8.2 mil- Those are legitimate criticisms. Most of USDA that change the conditions of lion in the budget that makes possible of us recognize that. crop insurance policies retroactively crop insurance reform. The question is, Do we make the per- are not acceptable for any commodity. Finally, I recognize the work of the fect the enemy of the very good? I say Whatever were they thinking of, to House committee chairman, Congress- to my colleagues, could we have done put out a contract—however flawed man COMBEST, for conducting what was better? Yes, we could. We could have that contract might be—to have farm- a very fair and open conference com- adopted a countercyclical program. ers sign up to it, and then to withdraw mittee. That is the way a conference But I say to my colleagues, at some it? These contracts are contracts. That committee should function. It was give point we have to make a decision: Are means there is a two-way bargain. You and take, it was a debate, it was dis- we going to delay support for producers cannot have a circumstance in which cussion, and at the end, it was a com- who are in very deep economic trouble, the Federal Government puts out a ing together around legislation that is, faced with a circumstance in which contract, gets people to sign up to it, I think, outstanding. I again single out USDA informs us, absent our action, and then changes its mind and with- the House committee chairman, Con- farm income will drop $8 billion this draws it. That is not fair. That is not gressman COMBEST, for his leadership. year; or do we act? right. In this legislation, we have sent We have developed, I believe, the I urge my colleagues to join us in that clear signal. right bill at the right time with the re- acting. Let’s not delay. Let’s not wait. I close by suggesting to my col- quired budget support. In one bill, we Let’s not make the perfect the enemy leagues that we now have a moment in have managed to bring together emer- of the very good. The fact is, this pack- time that we can act together in the gency farm relief for the families who age is going to make the difference for best interests of the farmers and ranch- are faced with the lowest prices, in real tens of thousands of farm families all ers of America. I urge my colleagues to terms, in 50 years and a reform of the across America between economic sur- support this conference report. I again crop insurance system to make it more vival and economic death. That is the say how proud I am to have been a part affordable at every level. In addition to that, we are righting a reality. That is what motivates the ur- of this conference that functioned the wrong done to Durum farmers a year gency of our action. way a conference should in a bipartisan I am very proud of the package that ago. This bill provides emergency relief effort to produce a result that is good is before us. Many people labored hours in the form of 100-percent AMTA sup- for America. and hours to produce this result. I sa- plemental payments. For wheat farm- I thank the Chair and yield the floor. ers, that means instead of getting 64 lute not only the Members who worked Several Senators addressed the cents a bushel, as they did last year in hard and provided the leadership, but I Chair. an AMTA payment, they will get 64 thank the staffs on both sides who ex- The PRESIDING OFFICER. The Sen- cents in addition to the regular AMTA hibited a dedication to public service ator from Minnesota. payment, which this year will be 57 because they did not work just 9 to 5. Mr. WELLSTONE. Mr. President, I cents. So they will get an AMTA sup- I know there are some people who note that Senator HARKIN was going to plement—this is on wheat now—of 64 think the Senate is kind of an easy- come out on the floor. I will try to be cents a bushel that is equivalent to going place and people work leisurely relatively brief. I did not want to pre- last year’s AMTA payment, married to hours. That is not the truth. cede him. Let me just take a few mo- the AMTA payment we will be getting The truth is people here work very ments, and then I will reserve the re- this year. hard. No one works harder than the mainder of my time for later on. I In addition, we have a crop insurance staffs. The staffs in this circumstance know my colleague from Idaho wants reform bill that is a dramatic improve- have given us a perfect example of how to speak as well. ment. When I go home and have meet- to function to produce a result. They Mr. President, I am speaking on my ings all across North Dakota, one of worked together harmoniously—well, hour right now, though I will not take the most agricultural States in the Na- not always harmoniously. Sometimes up all the time, and I will reserve the tion, what I am told, and told repeat- there was friction, sometimes there remainder of my time. edly, is that crop insurance is not were real differences of opinion, but At the beginning, Mr. President, be- working. It does not work because we they kept at it, and they produced a re- fore I thank some of my colleagues for do not have the right levels of support sult, and it is a result that is good for their work and then be honest in some at the levels of coverage that farmers the country. They worked very long of my criticism, I will very briefly, are buying, and they have a very seri- hours, many times late into the night, with the indulgence of my colleagues, ous problem if they have multiple through the weekends repeatedly, to just point out on the floor of the Sen- years of disaster. help achieve this result. I salute them ate that yesterday—all of us have to Oddly enough, the way the formulas today on both sides of the aisle because deal with this in our States—Sheila work, when farmers have multiple this was a bipartisan product. That and I received some unexpected news years of disaster, the base that cal- happens, unfortunately, not as fre- that has devastating consequences for culates the support they receive is di- quently as it should happen in this the people of part of Minnesota—an minished—it is reduced, and it is re- Chamber. I can tell you, this package area I love, the Minnesota Iron Range. duced dramatically. The irony is, at is a product of coming together in a bi- The steel company LTV announced it the very time farmers need help the partisan effort. I salute all those who is going to close the taconite plant in most, we have a formula that gives helped produce it. Hoyt Lakes. They employ 1,400 people, them the least help. It makes no sense. In addition to the disaster package I say to my colleague from Idaho. For We have adjusted that in this legisla- we have, in addition to the crop insur- Hoyt Lakes, Aurora, and other commu- tion. ance reform which is wide sweeping nities in the Iron Range, this is just I know there are those who are crit- and incredibly important to America’s devastating news. ical of using the AMTA payments as a farmers and ranchers, this bill also in- It just makes me sick to my stomach basis for the economic disaster assist- cludes provisions that effectively re- because these workers are friends and ance. I understand that. AMTA pay- solve a lawsuit brought by an unfair their family members are part of our ments are not countercyclical. That is, action by USDA regarding the 1999 family. I have always been honest that they are not designed to help those durum crop revenue coverage level in the Iron Range in Minnesota is a sec- commodities that are the exact ones contracts that were offered in various ond home for me. It is all so unex- that are being hurt by this downturn. parts of the country. This means that pected.
VerDate Mar 15 2010 23:34 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\2000SENATE\S25MY0.REC S25MY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 25, 2000 CONGRESSIONAL RECORD — SENATE S4419 Jerry Fallos, who is the president of consent that that be the order. I say to million for wool and mohair mainte- the steelworkers local, got a call yes- my friend from Iowa, I did not intend nance; loans for producers who were af- terday at 6 a.m. in the morning. The to precede him. fected by the AgriBioTech bankruptcy company said: We want to meet with The PRESIDING OFFICER. Without that impacted my State and other you. He had absolutely no inkling objection, it is so ordered. States dramatically, including Oregon, there was any trouble. LTV said: We The PRESIDING OFFICER. The Sen- Washington, Montana, some 30-plus are closing the Erie plant. ator from Idaho is recognized. States that were involved in both grass I know that the steelworkers are ask- Mr. CRAIG. Mr. President, I thank clover and alfalfa seeds. ing for an accounting of the closing. Senator WELLSTONE for his consider- I have worked for and supported the They are pledging to do whatever they ation. I do appreciate that very much. funding because I believe it is what our can to keep it open. In whatever way I Mr. President, I come to the floor farmers need to stay in business in the can help as a Senator, I certainly in- this afternoon, as most of us do, to short term. We must help them deal tend to do it. speak about the crop insurance con- with this if we can; and I think we are. By way of concluding these remarks ference report that is now before us USDA reports that global economies and getting on to the conference re- and to thank those conferees—the are now improving. Of course, we know port, I want to say this. chairman of the full committee, Sen- that many of our products sell openly Tomorrow, I am going to leave early ator LUGAR, Senator ROBERTS, and oth- in the world market. As that economy to go home and meet with county com- ers on our side, certainly, who were en- improves, so does the demand for agri- missioners, workers, union representa- gaged, as they should be, to produce cultural commodities from this coun- tives, company people, small this conference report, and thank them try and the improvement of price. businesspeople, and all the rest. I know for the hard work they have rendered The conference report also includes we will be talking about how to get as- in bringing about crop insurance re- the Plant Protection Act, a bill I have sistance to people and how to have form. been working on for nearly 2 years. more economic development and the It is a challenging process at best. What is it? It is a weeds program. That need to figure out yet other ways to di- They have done an excellent job in bal- is what it is all about. I think those of versify the local economy. But the one ancing the interests we have in agri- us who are familiar with agriculture thing I want to mention, because the culture, and to have crop insurance recognize that we have not been good Iron Range is so special, is that some- that reflects the diversity of agri- at dealing with weeds. Those of us who times I do not think we focus enough culture itself. live near large tracts of public land on community. With the passage of the farm bill, recognize that our public land neigh- I think this should bring Democrats Congress—we—promised crop insurance bors have been less than good stewards and Republicans together —a place that would work. I am pleased to see of their land by allowing major in- where people live, where people go to that we now are living up to that creases in noxious weed populations on church or synagogue or mosque, or promise by passing sweeping legisla- our public lands. This is a major step wherever people raise their families, tion to bring some normalcy back to in the direction of improving that. It where people know one another, people our Nation’s farm economy and to ex- follows the President’s initiative that love one another, and people support pand the risk management tools avail- was taken a couple of years ago with one another. able to our farmers and ranchers. the legislation Senator AKAKA and I I truly do believe sometimes these The crop insurance conference report have worked on for some time. I hope capital investment decisions in this addresses several concerns farmers we can meet the other needs that Sen- new global economy, that get made from my State and I have about the ator AKAKA has, and I will work with over martinis, halfway across the current Crop Insurance Program. The him in the agricultural appropriations world, can have devastating con- conference report provides increased that will follow to see if we can make sequences for the people in our commu- subsidies for greater buy-up of crop in- that happen. This legislation will organize and ex- nities. I think we need to put more of surance, funding for research and de- pand the function of the Animal and a premium on community, especially velopment of specialty crop insurance, Plant Health Inspection Service. on our smaller communities. I hate it and the removal of the NAP area trig- APHIS currently gets its authority when we are put in the position of ger, just to name a few of the improve- from 10 different statutes, some of picking up the pieces as a result of the ments. which are outmoded and conflicting communities being devastated by poli- This legislation is a very balanced and complicated. As a result, it simply cies that are needless and should not be approach, containing meaningful and sweeping reforms that all of us would has not provided us with the kind of supported in the first place. consistency we need to deal with com- Again, we have seen a torrent of admit are long overdue. mercializing technologies and the use dumped steel imports coming into our As we all know, the agricultural economy has been in a dramatic slump of biocontrols in the area of weeds. country that has made our industry The PRESIDING OFFICER (Mr. for the last good number of years. vulnerable. We now have 1,400 people— ALLARD). The Senator’s time has ex- USDA reports that overall conditions much less their families and commu- pired. nities—who are very much at risk. in the economy in early 2000 are large- Mr. CRAIG. Mr. President, I ask As a Senator, I am going to do every- ly a replay of last year. Agriculture is unanimous consent for no more than 2 thing I can to help these people. a part of the world economy, and farm- minutes. In some ways this is like the farm ers across the board are facing very dif- The PRESIDING OFFICER. Without crisis. ficult times. objection, it is so ordered. Mr. President, I ask my colleague For the past 2 years, though, we here Mr. CRAIG. This bill has broad sup- from Idaho how long he intends to in Congress have tried to respond to port from the American Nursery and take? the agricultural crisis by providing Landscape Association, National Asso- Mr. CRAIG. I thank my colleague. over $15 billion in emergency economic ciation of State Departments of Agri- I would speak probably no more than aid. I do not stand back from that. I culture, the National Christmas Tree about 5 or 6 minutes. think it was appropriate and necessary Association, the National Potato Coun- Mr. WELLSTONE. Mr. President, I to keep our agriculture economy out of cil, and many others that for a long did not want to precede Senator HAR- bankruptcy. time have recognized the need to re- KIN, who is the ranking member on this The need this year is not much dif- form this area of the law. committee. I ask unanimous consent ferent than last. I am pleased that Again, I commend the conferees on that Senator HARKIN be able to speak, there is $7.1 billion in economic farm both sides of the aisle for the hard after which Senator CRAIG would be aid in this conference report. This work they have undertaken in pro- recognized for 5 minutes, and then I be funding includes $5.5 billion additional ducing this conference report in a way recognized to follow Senator CRAIG. AMTA payments, or market loss pay- that will produce reform in crop insur- Would that be all right? I would be ments; $200 million for specialty crops; ance that I think is now functional, pleased to do that. I ask unanimous $500 million for oilseed payments; $11 workable, and becomes the kind of risk
VerDate Mar 15 2010 23:34 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\2000SENATE\S25MY0.REC S25MY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4420 CONGRESSIONAL RECORD — SENATE May 25, 2000 management tool we promised Amer- Senator KERREY and I took these rec- Under this legislation, the producers ican agriculture some years ago. With ommendations very seriously, and this and insurance representatives who that is the supplemental program for legislation achieves each of these would abuse the program face fines of emergency purposes that will go a long goals. The process has not been easy. up to $10,000 and possible disbarment way toward stabilizing the agricultural We began our meetings on this issue in from all USDA programs for up to 5 economy as we move through this year September of 1998. We introduced our years. Those who would try to destroy and into next. first legislation, S. 529, the Crop Insur- the integrity of the program are going I yield the floor. ance for the 21st Century Act, last Feb- to be punished, and they are going to The PRESIDING OFFICER. The Sen- ruary. We then introduced a second be punished big time. ator from Minnesota. bill, S. 1580, the Risk Management for I also comment on several provisions Mr. WELLSTONE. Mr. President, the 21st Century Act, in September. In that do not necessarily affect my State Senator ROBERTS is here. He worked so March, the Agriculture Committee and and producers but which I know are hard on the crop insurance bill, which the Senate approved the crop insurance very important to other Members in is a fine piece of legislation. I ask legislation that was based largely upon this body. unanimous consent that Senator ROB- our original bill. Since passage of the In recent years, there have been ERTS be recognized for about 15 min- Senate bill, we have spent nearly 7 full many complaints that specialty crop utes, and afterwards I follow him, and weeks in conference with the House. producers and certain areas of the then Senator HARKIN. There have been many surprises, many country have been ‘‘underserved’’ by The PRESIDING OFFICER. Without bumps in the road, to say the least, the Crop Insurance Program. This leg- objection, it is so ordered. The Senator sometimes arising at the last minute. I islation takes major steps to address from Kansas. believe those unexpected bumps, how- these concerns. First, it provides nearly $500 million Mr. ROBERTS. Mr. President, I rise ever, were appropriate because they over 5 years for changes to make some- today in strong support of H.R. 2559, helped remind us of the often unex- thing called the Noninsured Assistance the Agriculture Risk Protection Act of pected, unpredictable risks that our Program, or NAP. NAP will work bet- 2000. farmers and ranchers face on a daily ter for these producers. It requires the As has been indicated by my col- basis, the same risks that this legisla- leagues, this legislation provides what RMA to undertake studies and report tion works to help them manage. to Congress on ways to better serve we believe are very dramatic reforms The task was difficult and the hours these areas. And more than $200 mil- to the Crop Insurance Program. It also were often long, but in the end we lion is provided for expanded research marks the final product of a legislative achieved a bipartisan bill that was sup- and education to develop new and bet- initiative Senator BOB KERREY and I ported by all 18 members of the con- ter risk management products for began working on nearly 2 years ago. ference committee between the House these producers. Senator KERREY and I decided to un- and the Senate. That is no small dertake this task at the same time Mr. President, in addition to the im- achievement. portant crop insurance reforms in- Congress was passing the first of sev- Exactly what does this bill do? It eral large agriculture assistance pack- cluded in this package, we have also makes it easier for producers to pur- provided $7.1 billion in agriculture as- ages in 1998. The problems we experi- chase the higher levels of coverage by enced in 1998 and again in 1999 exposed sistance for farmers and ranchers who increasing the premium write-downs have not enjoyed the booming eco- many of the holes in the current Crop and reducing the farmer’s out-of-pock- Insurance Program. We agreed that nomic times experienced by the rest of et expenses. By allowing the producer the U.S. economy. Approximately $5.5 changes needed to be made and that we to produce these higher levels of cov- billion of this amount will go out as must work together in a bipartisan erage, I believe we will reduce the need market loss payments, through the manner to achieve program improve- for future disaster bills, those disaster AMTA payment mechanism established ments. In fact, this is one of the re- bills that are always a disaster to pass, in the 1996 farm bill. forms that was promised as an integral a disaster to implement, and always Now, while I understand some of my part of the 1996 farm bill. Obviously, seem to come during even-numbered colleagues believe this is not the best those reforms did not take place, but years. The legislation makes the rev- way to distribute these funds, it is the here we are, finally, in an effort to enue insurance policies that have be- quickest guaranteed manner by which achieve those reforms. come enormously popular for producers the USDA can make these payments. I Senator KERREY and I did not just set more affordable as well. This is risk remind my colleagues who wanted to out to write a bill based upon what we management. These are risk manage- develop a new payment formula that in thought needed to be done. Rather, we ment tools that, hopefully, will lessen the past 2 years it has taken the De- wanted input from those who were the reliance on disaster bills and all of partment of Agriculture at least 9 most directly affected by this program. the expenditures that those entail, usu- months to make these payments We asked virtually every producer, ally under emergency legislation. through the disaster and assistance every farm organization, every com- The legislation also provides adjust- programs that were not paid to pro- modity group, every crop insurance ments to something called the average ducers through the AMTA payment company, every insurance agent group production history, the APH, for those mechanism. in the country for input on this legisla- farmers who have experienced a year or I also point out that after a lot of tion. We traveled throughout the coun- years of significant crop losses and dis- real criticism regarding the AMTA try. We held, literally, hundreds of aster. It provides for a new assigned process, the department or the admin- hours of listening sessions here in yield system that will benefit new and istration came forward with a plan, Washington to get the input both from beginning farmers. only to be roundly criticized by vir- the organizations and the producers. The legislation also restructures the tually every farm organization and The responses were overwhelmingly board of directors to provide more pro- commodity group. So I think this is clear: Major changes were needed in re- ducer and insurance expertise. The the way to do it. These are emergency gard to the Crop Insurance Program. product approval and the research de- payments. These groups recommended more af- velopment processes are greatly im- As long as we don’t have our export fordable crop insurance policies at proved. This will result in the develop- markets back, as long as farmers are higher levels of coverage, equalization ment of new and improved products not experiencing the kind of farm in- of the subsidy on something called rev- that will provide our producers with come at the country elevator, and mar- enue insurance, provisions to deal with the additional risk management tools ket prices are depressed, I think this is multiple years of disaster, a better pro- they need. appropriate, and doubtless this will gram for new and beginning farmers, We have also strengthened the fraud help. We are doing it early. We are changes in the product approval proc- and abuse penalties in the program. doing it early in the spring. It is in the ess, and, finally, the removal of the Farmers and ranchers should pay at- budget. No Social Security money. No regulatory roadblocks that had stifled tention to this; critics of the farm pro- emergency money. The farmers, ranch- new product development. gram should pay attention to this. ers, and the lenders can sit down, and
VerDate Mar 15 2010 23:34 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\2000SENATE\S25MY0.REC S25MY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 25, 2000 CONGRESSIONAL RECORD — SENATE S4421 under consistency and predictability, truly national crop insurance bill that plain what has happened with this leg- know what they are getting this fall. serves all regions of the country. I re- islation. We are now considering the I am also pleased that $15 million is mind my colleagues that it is a bipar- crop insurance conference report—this included for carbon sequestration re- tisan bill, supported by all 18 members is great. The legislation passed 95–5, search. The preliminary research indi- of the conference committee. It rep- and I voted for the bill. The crop insur- cates that agriculture can and will resents a real investment in our farm- ance bill passed by the Senate will, in play an important and positive role in ers and ranchers and the agriculture fact, make crop insurance much more the debate regarding global climate sector of our economy. I am proud of affordable for thousands of family change, and this funding is an impor- our efforts on this legislation. farmers who have experienced years of tant downpayment on this research. I thank my colleagues for their sup- crop losses—like the Red River Valley Senator KERREY and I worked hard to port. I urge its quick passage. It is my in Minnesota. I will do everything in include this research money. It will en- understanding that it passed by unani- my power to pass this important piece able farmers, again, to play a positive mous consent in the other body, which of legislation—I have no objection role in taking carbon out of the atmos- has a lot of difficulty deciding when to there. phere and to mitigate the global cli- adjourn, let alone passing things by However, what has been done behind mate change problems we have. unanimous consent. closed doors in a conference com- I could continue to discuss the merits I yield the floor. mittee, with absolutely no public scru- of this legislation, but I will cease and The PRESIDING OFFICER. The Sen- tiny, is completely different. What the desist. However, I do have a few closing ator from Minnesota. conferees have done is to attach $7.1 comments. Mr. WELLSTONE. Mr. President, I billion in emergency farmer relief pay- First, this legislation has been a per- come to the Senate floor today to ments to the crop insurance bill. They sonal priority of mine for many years. speak of my profound disappointment have not asked the full Senate. They It was nearly 20 years ago that my regarding the way in which the Senate have not consulted with the House of predecessor in the House of Represent- is conducting its business. I am out- Representatives. atives, Congressman Keith Sebelius, raged that these payments have been And conference reports are privileged cast the deciding vote to create the attached to a conference report with- which means that Senators cannot Federal Crop Insurance Program. Since out any consideration in the full Sen- offer any amendment. Nor can Sen- that time, I have been committed to ate. ators engage in extended debate. In es- strengthening this program and mak- Mr. President, without any public de- sence, we as Senators have been left ing it work for our producers. We bate and with no hearings in the Agri- with no options to alter the conference promised this in the 1996 farm bill. In culture Committee some of our col- report in any way. addition, an improved Crop Insurance leagues have attached $7.1 billion to Mr. President, as a Senator from Program has been an underlying prom- this conference report, and have unilat- Minnesota this is one of the most egre- ise ever since that bill has been passed. erally decided to continue the failed gious maneuvers I have witnessed in It was a promise I personally made, farm policy of the 1996 farm bill. the Senate. And the one thing that and today I consider it a promise, hope- First of all, I want to be very clear greatly concerns me about this road we fully, fulfilled. that I am pleased there was some rec- seem to be heading down is that back It has been a pleasure to work with ognition in Congress that the Freedom home in Minnesota I meet with people, my colleague from Nebraska on this to Farm bill, or as I call it the Free- and they really believe that I will issue. Senator KERREY is retiring from dom to Fail bill, has not provided an make a difference in their lives—that I the Senate when this session ends, and adequate safety net to our nation’s can in fact help them. I know passage of this bill before leav- family farmers. Furthermore, I am However if, as a Senator, I cannot at ing the Senate has been one of his top pleased that the Budget Committee least offer amendments, to what is priorities. We could not have done the recognized that after spending over $16 probably the most important agri- job, the committee could not have done billion the last 2 years on emergencies, culture bill, I am shut out. In fact all the job, the staff could not have done family farmers were in need of an eco- Senators are shut out. I don’t claim to the job, we would not have had this bill nomic safety net. agree with everyone, and I welcome without the support, leadership, ad- But I believe this emergency assist- having debates about what is the best vice, counsel, and hard work of Senator ance package only relieves the appar- way to spend $7 billion, but the Senate KERREY. Furthermore, I thank the dis- ent symptoms of the economic crisis in must have those debates. tinguished chairman of the committee, agriculture. This assistance will help And for Minnesota farmers time is Senator LUGAR, for his assistance in some farmers to continue their oper- not neutral. That was evident when working with us to get a strong bill out ations for the immediate future, but nearly 4,000 family farmers from Min- of the conference between the House this direct cash infusion cannot sustain nesota, and all across the country, and Senate. Without his leadership as farmers for the long term. came to Washington, DC, to demand a well, obviously, we would not have this I am deeply concerned about simply change in the failed Freedom to Farm package. attaching this money to a conference Act. People really believe when we Finally, I thank the staff of the Sen- report without any debate or possi- meet with them that we can do some- ate Agriculture Committee. The Sen- bility of amendments. And as a Sen- thing right now about the abysmally ate legislative counsel and the Con- ator from Minnesota, with thousands low prices, whether it is the livestock gressional Budget Office spent consid- of family farmers in my state who are producers, or whether it is the corn erable time on this legislation. As a suffering economic convulsion, I am growers, or dairy producers. With what matter of fact, maybe even too much completely opposed to continuing this is going on in farm country with crops, time. It has been a Herculean effort, disastrous farm policy passed 4 years people are in such pain. They still and all Members and staff involved de- ago. come out to meetings because they serve to be commended. I would be re- Mr. President, this is very much an still believe in us as their Senators, miss if I did not mention specifically extension of the debate we began last and by meeting with us and talking Bev Paul, who works for Senator week—it’s a debate about our right to about what is happening to them, KERREY; Mike Seifert, who works for be legislators. It is about being able to somehow since we are their Senators me; and Keith Luse, the distinguished offer amendments to improve legisla- we can do something to help. and able staff director of the Senate tion—that is what the people of Min- But I am left with very few options. Agriculture Committee. They basically nesota elected me to do. The people of The majority has insisted on attaching did the work and reported to us, and we Minnesota and the thousands of Min- a vital piece of legislation to a con- reported to them to go back to work nesota family farmers certainly didn’t ference report without any public de- and they finally produced a bill. They elect me to be silent, and accept the bate, or amendments. And that is to persevered. status quo in Washington, DC. say nothing about the substance of the I close by stating that this is a good At times Senate procedure can seem legislation they are attempting to ram and fair bill. For the first time, it is a a bit arcane to many people—let me ex- through the Senate.
VerDate Mar 15 2010 23:34 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\2000SENATE\S25MY0.REC S25MY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4422 CONGRESSIONAL RECORD — SENATE May 25, 2000 However, I am glad that Minnesota Let’s be clear—it is now evident that get this money to producers based on will benefit from the emergency pack- the majority of AMTA payments have actual production. age. And, although I have significant not been distributed to family farmers, That is the key issue. That is the key reservations that AMTA is not the best rather they have gone to the largest difference. In dealing with this price mechanism to provide income assist- farmers and corporate agribusiness. crisis, we ought to make sure that the ance to producers, it will at least keep Recently a comprehensive study was payments are connected to production farmers going for another year. I pre- conducted on the federal farm pay- and price. So what the Republicans ferred and pushed for a mechanism ments from 1996 through 1998 which have is the wrong mechanism for ad- that targets and ties assistance to ac- shows that the 1996 Freedom to Farm dressing the price crisis. We must tar- tual production. bill (and subsequent legislation) has get the assistance to family farmers Mr. President for the first time since provided minimal financial assistance and tie direct assistance to production. 1996 the majority has recognized that for the large majority of family farm- Thousands of family farmers across the the Freedom to Fail does not provide ers. country could go out of business due to an adequate safety net for our family The study found that the largest conditions that are beyond their con- farmers. Through including $7.1 billion farming operations were generously trol. In Minnesota, up to 30 percent of in the FY 2001 budget resolution for compensated by Freedom to Farm, and our family farmers are threatened— farm relief the Budget Committee has many of the top payment recipients that’s thousands of farm families. conceded that the Freedom to Farm were paid hundreds of thousands of dol- Whatever you do by way of dealing Act has failed to provide an economic lars over the 3-year period studied. with low prices, you have to make sure safety net for our nation’s family farm- Large operators received these enor- that payments are connected to pro- ers. mous payments, even as operators of duction and price. Too many of the We were presented with a tremendous smaller farms (with average annual transition payments go to landowners, opportunity to reverse the disastrous sales of $50,000 or less) actually lost and not necessarily producers. I don’t farm policy enacted in 1996, by tar- money. think that makes a lot of sense. Some, geting this money to our nation’s According to the U.S. Department of like soybean growers, won’t be helped small and medium sized producers who Agriculture, these smaller farms real- at all. We can do better, we must do are truly in an economic crisis. But ized an average net loss of $3,400 in in- better. rather than examining serious policy come from their farming operations in We could at minimum target the as- alternatives that could reverse the cur- 1996 alone. sistance to those farmers who are in rent economic crisis in rural America, From 1996 through 1998 nearly 61 per- the most need. We have an opportunity we have been presented with legisla- cent of all federal Freedom to Farm to make at the very least incremental tion that continues the Freedom to money approximately $13.8 billion in changes to current farm policy. The Fail bill. total went to the 144,000 individuals, policy objective of the ad-hoc aid is First of all, and I think this simply corporations and farm partnerships clouded by the apparent inability of prudent public policy—and I say this is among the top 10 percent of recipients. Congress to pass aid packages tar- with greatest respect for the chairman A recipient among the top 10 percent geting assistance to farmers most at of the Agriculture Committee—I do be- was paid an average of $95,875 over the risk. lieve the Agriculture Committee had a 3 years (‘96–‘98). These payments were Some of the largest and most profit- responsibility to our nation’s family on top of any profits earned from the able farms in the country will benefit farmers to hold hearings on mecha- from this assistance if it is distributed sale of agricultural commodities, and nisms to target the financial assistance in double AMTA payments and mean- do not include payments made under to those small and medium farmers while there are no funds devoted to conservation, disaster or crop insur- most in need. I firmly believe it is a other needs in rural America. ance programs. grave mistake not to base these pay- Mr. President I also want to talk In contrast to the largest farmers, ments both on prices and production. about the whole problem of concentra- the vast majority of AMTA recipients Basically what the majority has done tion of power. This is an unbelievable have seen very little benefit from Free- is to double these disastrous AMTA situation. What we have is a situation payments. And they have refused to dom to Farm. Half of all farmers re- where our producers, such as our live- deal with any of the problems of dis- ceived less than $3,600 in total from stock and grain producers, when nego- tribution equity. 1996 through 1998, or an average of tiating to sell, only have three or four As we have seen over the last 2 years, about $1,200 per year. processors. They have the ADM’s, the Large corporate agribusiness already emergency assistance packages only Smithfield’s, the ConAgra’s, the IPB’s, relieve the apparent symptoms of the enjoy significant competitive advan- the Hormel’s and the Cargill’s. The economic crisis in agriculture. Assist- tages over smaller farming operations point is, you have two, three, or four ance will help some farmers to con- in availability of capital. According to firms that control over 40 percent, over tinue their operations for the imme- USDA’s Economic Research Service, 50 percent, sometimes 70–80 percent of diate future, but direct cash infusion farm operator households for farms the market. cannot sustain farmers for the long with sales of $500,000 or more averaged Let me just run through some statis- term. $153,847 in farm income in 1996, while tics that illustrate this point. In the There are a couple of problems with operators of farms with between past decade and a half, the top four these AMTA payments. First of all, $250,000 and $500,000 in sales averaged pork packers have increased their mar- these payments are based on the old $53,265 in household farm income in the ket share from 36 percent to 57 percent. farm program’s historic yields. Farm- same year. And operators of farms with The top four beef packers have ex- ers such as traditional soybean farm- less than $50,000 in sales realized a net panded their market share from 32 per- ers, who never had a program base in loss of income from their farm oper- cent to 80 percent. the old program, don’t get any of these ations. The top four flour millers have in- AMTA payments. That is one huge The central question we need to ask creased their market share from 40 per- problem. ourselves is that if the largest U.S. ag- cent to 62 percent, while the market In addition, it is possible for some ribusiness are inherently more effi- share of the top four soybean crushers people who might not even have plant- cient, as corporate America assures us has jumped from 54 percent to 80 per- ed a crop to receive them because the they are, why do these efficient farms cent. Freedom to Farm—or what I call the need Federal Government assistance, The top four sheep, poultry, wet ‘‘Freedom to Fail’’—payments are com- and why do they collect the majority corn, and dry corn processors now con- pletely unconnected to production or of the assistance that is provided? trol 73 percent, 55 percent, 74 percent, price. Furthermore, I predict, largely Hundreds of thousands of small- and and 57 percent of the market, respec- this money will be used to pay back medium-sized operations receive mean- tively. By conventional measures, none banks and lenders from whom farmers ingless amounts of AMTA assistance of these markets is really competitive. needed to borrow money earlier this under Freedom to Farm programs. I be- Thousands of our livestock and grain year just to get in their crops. lieve, it is a great mistake not to tar- producers are facing extinction, and
VerDate Mar 15 2010 23:34 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\2000SENATE\S25MY0.REC S25MY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 25, 2000 CONGRESSIONAL RECORD — SENATE S4423 the packers are in hog heaven. The ating power and a lack of viable mar- funds in this bill have been dedicated mergers continue, and we have all of ket alternatives. The bill gives the to programs and projects, as worthy as these acquisitions. We need to put free Secretary the authority to identify cir- they may be, that; enterprise back into the food industry. cumstances where a proposed merger 1. Do not provide assistance to family I have had a chance to review the will result in unfair or deceptive prac- farmers or ranchers in the near term. Sherman Act and the Clayton Act and tices that adversely affect farmers or 2. Are more appropriate issues for the the work of Estes Kefauver and others. ranchers and to take a strong action appropriations committee to handle. We had two major public hearings in against such a merger. 3. Distribute money to universities Minnesota and in Iowa last year with In addition, under the bill the Sec- and agribusiness. Joel Klein, who leads the Antitrust Di- retary shall make findings about I would simply like to identify for vision of the Justice Department, and whether a proposed merger or acquisi- my colleagues where some of this $7.1 Mike Dunn, head of the Packers and tion could ‘‘be detrimental to the billion, allocated for assistance for pro- Stockyards Administration within the present or future viability of family ducers, will actually be going. Department of Agriculture. And earlier farms or ranches or rural communities $20 million for the Market Access this year we had thousands of family in the areas affected by the merger or Program—a program that assists busi- farmers in Washington to rally at the acquisition.’’ ness trade associations and coopera- Capitol. In all the meetings I have been If the Secretary determines that such tives for marketing development. How at over the last two years, producers adverse effects are likely, the Sec- does that help the average family are asking the same question: Why, retary would propose remedies, such as farmer deal with paying for health care with these laws on the books, isn’t divestiture of asserts or other correc- for his family? there some protection for us? We have tive action, designed to protect family $3 million will be directed to George- all sorts of examples of monopoly. We farms and ranches, and the affected town University and North Carolina want to know where is the protection local communities. Failure to comply State University for research regarding for producers. with those remedies could result in sig- the extraction and purification of pro- It is critical to pass some stronger nificant civil money penalties. teins from genetically altered tobacco. antitrust legislation. I know Senator This authority is similar to that con- I ask my colleagues, could not have $3 LEAHY and Senator DASCHLE have done ferred by Congress on the Surface million be better spent on direct in- a great job with their legislation. I am Transportation Board which takes into come assistance to the thousands of pleased to join with them in cospon- account the ‘‘public interest’’ with re- small family farms who are in danger soring the Fair Competition Act of spect to proposed mergers of railroads. of losing their farms this year? 2000. That Board examines the potential ef- $30 million for training and technical Mr. President, there is a frightening fects on the public, on employees and assistance relating to the management difference when the major agribusiness on competition and ‘‘the impact of any of water and waste disposal in Alaska. firms can raise billions on Wall Street transaction on the quality of the As a Senator from Minnesota, I am while making record profits at the human environment and the conserva- quite sure that small dairy producers, same time farmers and ranchers are tion of energy resources.’’ (49 CFR or soybean producers in my state who faced with take-it-or-leave-it low 1180.1) To carry out its duties, ‘‘the are facing the biggest agricultural de- prices. Even, the American Farm Bu- Board has broad authority to impose pression in more than a generation, reau Federation, who I don’t always conditions on consolidations * * *’’ would appreciate the assistance $30 agree with, testified on February 1, Similarly, the Federal Communica- million could provide—it would allow 2000, that ‘‘consolidation, and the sub- tions Commission exercises a major many families to at least stay in farm- sequent concentration within the U.S. role over the telecommunications or ing this year. agricultural sector is having adverse broadcasting industry mergers when it Mr. President, the plain fact is that economic impacts on U.S. family farm- examines whether transferring licenses this short term assistance is simply a ers.’’ The administration recently tes- to the merged entity is ‘‘in the public band-aid. I understand the majority tified that: interest.’’ does not want to have any public dis- cussion on the farm bill they enacted. High concentration, forward sales agree- This bill thus aims at preventing the ments, production contracts, and vertical in- detrimental effects of such increased That is clearly evident by the way in tegration have raised major concerns about concentration on farmers and ranchers, which they have moved this legislation competition and trade practices in livestock and rural communities, just as the Sur- to the Senate floor, with no debate or and procurement by meat packers and poul- face Transportation Board has imposed examination. try processors. . . . The four leading packers’ a moratorium on railroad mergers to The point is that farmers in this share of steer and heifer slaughter increased ensure that railroad mergers are in the country want to know, they deserve to from 36 percent in 1980 to 81 percent in 1998. ‘‘public interest.’’ know, whether they have a future be- This concentration of power in the We need to pass this legislation now, yond 1 year. They can’t cash flow on hands of a few increases the likelihood and I think there is going to be a con- these prices, whether it be for wheat, that farmers or ranchers will be the siderable amount of support for this. for corn, for cotton, for rice, or wheth- victim of unfair or deceptive practices. The reason I think there is going to be er it be for livestock producers. They The Fair Competition Act will give a lot of support is that I think many of simply cannot cash flow—they cannot USDA the authority to help address my colleagues have been back in their make it. They can work for 20 hours those practices. Firms and corpora- States, and for those of us who come per day and be the best managers in tions, no matter how large, which en- from rural States, from agricultural the world, and they still wouldn’t gage in unfair, deceptive, or unjustly States, you can’t meet with people and make it. discriminatory practices, or which give not know we have to take some kind of But rather than open and make undue preferences, or make false state- action. changes to the farm bill and avoid ments regarding transactions, will be This ought to be a bipartisan issue. I these lump assistance infusions, the stopped by this bill. think this is one issue on which all the majority defends the status quo in The bill also focuses on mergers of farm organizations agree. We must farm policy. Yet, how much longer can agribusinesses and on agribusiness ac- have some antitrust action. We must we mask reality of failing agricultural quisitions. Over the last quarter cen- have some bargaining power for the policy? Short-term fixes are more ex- tury there have been a major increase producers. We must put free enterprise pensive than carefully planned long- in the horizontal, vertical and sectoral back into the food industry. term programs. For the past 3 consecu- concentration of agribusinesses and in But this conference report moves us tive years, Congress has passed supple- industries serving agriculture. At some further away from making any real mental appropriations bill. Direct farm breaking point, the concentration of change in farm policy. I would like to payments for 1999 were approximately agribusinesses in any region will mean remind my colleagues that $7.1 billion $16 billion, making last year the high- that farmers or ranchers are adversely for assistance for producers was allo- est record for direct farm payments in affected by an imbalance of negoti- cated, but a significant portion of the U.S. history.
VerDate Mar 15 2010 23:34 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\2000SENATE\S25MY0.REC S25MY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4424 CONGRESSIONAL RECORD — SENATE May 25, 2000 We need to stop using ad-hoc assist- know concentration in the agriculture make a big difference. I also thank ance as a substitute for farm policy. economy has been accelerating at a Senator LUGAR. Senator CONRAD spoke We need to reopen and rewrite a farm rapid pace. of his graciousness, and I think he is bill with a strong sustainable policy. In the past decade and a half, the top always that way. Because of the crop Namely, we need a farm policy that four pork packers have increased their insurance reform, I will vote for this empowers farmers not only to merely market share from 36 to 57 percent, the conference report. survive, but to prosper. top four beef packers have expanded My dissent has to do with, again, the And that was what the Rally for their market share from 32 to 80 per- way we are conducting our business. Rural America was all about. We had, cent, and the top four flour millers The crop insurance reform is very im- from all over the country, around 4,000 have increased their market share from portant. But this is a crop insurance people—most of them family farmers. 40 to 62 percent. conference report. When the Budget From the State of Minnesota, we had We must halt this trend of consolida- Committee said, look, we are going to close to 500 people here, most of them tion. Congress must pass the Fair Com- have $7 billion to deal with the farm family farmers. I point out to my col- petition Act to restore competitive crisis, what the Budget Committee was leagues, this was an unusual gathering. markets in agriculture and give farm- saying and what the Senate was saying They came to our Nation’s Capital to ers more equal bargaining power is, rather than just doing emergency try to have a conversation with Amer- against corporate business. appropriations, let’s have some delib- ica, to make sure people in the country It is greatly disturbing that a hand- eration and some policy evaluation and know about the economic convulsion ful of firms dominate the processing of figure out how to get that money to that is happening in rural America. every major commodity. Many of them people in the most equitable manner. And Congress appropriately re- are vertically integrated. This growing My dissent, I say to my colleagues sponded with a commitment to reform trend in concentration, low prices and out of respect, is that I believe we rural policies to: alleviate the agricul- anticompetitive practices are driving should have had debate about this. I tural price crisis; ensure competitive family-based farmers out of business. believe that the Senate Agriculture markets; invest in rural education and Farmers are going bankrupt or giving Authorization Committee should have health care; protect our Nation’s re- up, and few are taking their places. had hearings. I don’t think it is appro- sources for future generations; and en- More and more farm families are hav- priate that the $7 billion in AMTA pay- sure a safe and secure food supply. ing to rely on other jobs to stay afloat. ments—essentially doubling the AMTA I ask my colleagues, what became of In fact, reports indicate that off-farm payments—was put into this con- that commitment to the thousands of income now constitutes as much as 90 ference report. I don’t think it was ap- family farmers who came to Wash- percent of all household income re- propriate. I heard my colleague—two ington, DC—I ask where is the fol- ceived by the average farm operator. Senators spoke. Senator CONRAD said lowup? Is the followup passing $7 bil- There is a gross disparity of eco- there are legitimate concerns, but I lion in AMTA payments that has never nomic power that has shifted a growing think this is the quickest way to get even been discussed in the Agriculture share of farm income to agribusiness. assistance out to people. Senator ROB- Committee? Is it in providing huge We need to reverse that trend and focus ERTS said the same thing, roughly payments to corporate farms and agri- on equalizing the bargaining power be- speaking. businesses, while leaving little for the tween farmers and the global agri- The point is that we did have some ordinary family farmer? Or is it in ig- businesses. time when we could have had some noring the root problems in the 1996 According to economic literature, hearings and when we could have had Freedom to Fail Act. I don’t think so. markets are no longer competitive if some debate on this. I do not believe For 2000, net farm income is forecast the top four firms control over 40 per- we should have just automatically to decline for the 4th straight year, by cent of the market. Yet, Excel and IBP taken the $7 billion and said it is going 17 percent. Low prices scale across the control 60 percent of the beef packing to be AMTA payments, that’s it. We board for almost all major crops. USDA industry and Kellogs and General Mills put it into a conference report, which projects that 2000 crop corn prices will have 63 percent of the market share for doesn’t enable any of us to come out be the lowest since the mid 1980’s. cereal. here and have much debate about it, That’s 26 percent below the average of Policy makers wrote the 1996 farm and it certainly doesn’t enable us to 1993–1997. Soybeans are projected to be bill and we can rewrite it. The cor- testify, doesn’t enable us to have at their lowest levels since 1986. Yet, I porate culture’s powerful influence has amendments and to act the way I think do not need to list all the statistics. I penetrated to humankind’s greatest we should act in the Senate on such have been on the Senate floor, and Sen- common denominator, food. We cannot important matters. ators know, economists and specialists allow our lives to become beholden to Mr. President, we had this farm rally know and most importantly those who corporate America. We must provide an here maybe 2 months ago. Several farm the land do not need to hear sta- agricultural policy that preserves the thousand farmers came. It was pouring tistics to know times are tough. family farm and protects the food in- rain and it was cold. They came a long Whatever our explanation for the dustry from an oligopoly of corporate way. Many came by bus because, for very low commodity prices on the glob- agribusinesses. We must fight for these them, they are trying to survive. I al market, federal farm policy needs to critical policy changes. have no illusions. We are not going to be there to offer some safety net to We have some differences here in the write a new farm bill. The Freedom to help people stay in business when this Senate. They are honestly held dif- Farm bill is really the ‘‘freedom to happens. We need a farm bill that es- ferences. All of us care about agri- fail’’ bill. I have said that many times tablishes an equitable safety net. We culture. All of us know what the eco- over. But it does seem to me that if we need a farm bill that provides a level of nomic and personal pain is out there in are not going to write a new farm bill— financial security during periods of the countryside. But with no oppor- at least not until after the election— market disruption and commodity tunity to consider and debate a fair we ought to do the very best we can in price instability. A safety net should and equitable distribution plan, and a getting the payments to people in such include a counter cyclical price and in- bill that short changes the American a way that people who need the assist- come assistance directed to producers. family farmer by diverting money ance the most are the ones who get the One simple idea of providing a safety away from equitable income assist- lion’s share of the benefits. Right now, net is lifting caps on the loan rates. ance, the majority in Congress has with these AMTA payments, we have a In addition, long-term policy must be failed America’s family farmers. subsidy in inverse relationship to need. developed to enhance competitiveness Mr. President, I say to Senator ROB- What we have here—with no oppor- and transparency throughout agri- ERTS and Senator KERREY: Good work. tunity for real debate, with no oppor- culture domestically and globally. We Thank you for your commitment and tunity for amendments—is $7 billion know these figures well. I and others the work on the crop insurance con- put into a conference report on crop in- have recited these numbers time and ference report. This report is extremely surance in the form of more AMTA time again on the Senate floor. We important. To farmers, this is going to payments providing subsidy to farmers
VerDate Mar 15 2010 23:34 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\2000SENATE\S25MY0.REC S25MY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 25, 2000 CONGRESSIONAL RECORD — SENATE S4425 in inverse relationship to need, with most in need and who may not sur- exercising their raw economic and po- the vast majority of the benefits going vive—why do we have $7 billion put litical power over producers, over con- to the very largest agricultural oper- into this conference report which sumers, and, I would argue, over tax- ations. This is a disastrous distribution doesn’t have anything to do with crop payers. What we need is some competi- formula. I think it violates the very insurance reform, which means we tion in the food industry. What we need principle of equity and fairness. don’t really get to debate it? is to put some free enterprise back into Problem: That is why we are doing it. I don’t the free enterprise system. What we First of all, the AMTA payments are think that is Senator LUGAR’s style. He need is some antitrust action. based upon the old farm programs’ his- is probably one of the fairest Senators, I am going to try to do everything I toric yields. I believe, in the Senate. But I have to can as a Senator—and I know other We don’t have an opportunity to have keep saying this. It pains me to say Senators will be supportive—to get this an amendment on this? We don’t have this on the floor because I think so Fair Competition Act passed, which an opportunity to say that this is un- much of him as an individual. But this gives USDA, if they are willing to use fair to farmers, such as soybean farm- shouldn’t be in this conference report. it, some real authority, which really ers who never had a program base in We should have had hearings. We gets tough in terms of dealing with the program and don’t receive any should have had an opportunity to some of this horizontal integration AMTA payments? There is no benefit come out here with amendments. that is taking place, which goes after for them? We don’t have an oppor- I would love to have had an amend- anticompetitive practices, which really tunity to discuss this, to have an ment saying it is going to go to pro- creates a level playing field for our amendment to try to improve this? ducers, and not just landowners. I producers, and which doesn’t exist Second, since this was connected to would love to have had an amendment right now. the ‘‘freedom to fail’’ bill—what I call that said we need to target more to the It is just absolutely unbelievable to the ‘‘freedom to fail’’ bill—the pay- midsized producers. I would love to me that while the family farmers in ments aren’t connected to production. have had an amendment that said it my State struggle to survive, a lot of Many of these payments go to these shouldn’t be based upon the old pro- these huge packers are making record large landowners who aren’t nec- gram base—no opportunity. I would profits. While family farmers in my essarily even producers. I want the as- like to have had an amendment that State are struggling to survive, a lot of sistance to go to the producers. I want called for equity payments that said these big exporters and huge grain it to have some relationship to price raise the loan rate—we could have done companies are doing just fine. While and to farm income. it for fiscal year 2001—to the same level the family farmers in my State strug- Let me simply quote some of the it is for soybeans, in which case corn gle to survive, the farm/retail spread findings from the Environmental would be $2.11 and wheat would be $3.10. grows wider and wider—the difference Working Group. That would make a huge difference. We between what farmers get by way of The largest farm operations in the could have done that. price and what consumers pay at the country are generously compensated We could have had, and we should grocery store, the supermarket. with these payments. They are paid have had, an opportunity to have not I have two objections to what is hundreds of thousands of dollars over a only a 1-hour speech or 2-hour speech going on on the floor of the Senate 3-year period of AMTA payments going in reaction to a conference report, but right now. to large farm operations, and the we should have had hearings. We Objection No. 1: This is a great crop midsized farm operations and the should have had deliberation. We insurance conference report, but this $7 smaller farm operations are not get- should have been able to do some seri- billion of payments should not have ting the benefits they need to survive. ous policy evaluation. And we should been put into this report. We should be Environmental Working Group: have had the opportunity to come out allocating this assistance and getting From 1996 to 1998, 61 percent of all here on the floor and/or in committee it to the farmers most in need. We Freedom to Farm money AMTA pay- with amendments that would have should have had the opportunity for de- ments—approximately $13.8 billion— made sure that until we write a new bate and the opportunity for amend- went to 144,000 individuals, corpora- farm bill and get rid of this miserable ment. tions, and farm partnerships among the failure—this ‘‘freedom to fail’’ bill—we top 10 percent. The top 10 percent, the would have been allocating the $7 bil- I think it is a terrible way for us to large farm operations, and the least in lion of assistance with most of it going continue to conduct our business. I need of assistance, get over 60 percent to those farmers most in need—not to hope we don’t continue this pattern of of the AMTA payments. It doesn’t the top 10 percent, the largest farm op- more and more important public policy make any sense. Recipients in the top erations, those that are doing the very questions that crucially define the 10 percent, those large farm operations, best right now in farm income, getting quality, or lack of quality, of the lives are doing well. They get an average of over 60 percent of the benefits. of the people we represent—in this par- $95,000 over this period of time. Half The crop insurance reform package ticular case, family farmers, being put the farmers in the country get less that Senators ROBERTS and KERRY into an unrelated conference report. than $3,600, and many of the farmers in worked on is superb. I am all for it. I That is wrong. my State get less than that. am going to vote for this because of The second point I make is: It is time While you have these large farm op- that. But I think it is just reprehen- for us to really get serious about the erations, that do not even need the as- sible that we continue now along this policy change in this area, and in par- sistance, getting well over the major- line of taking really important policy ticular I focus on dealing directly with ity of all the money—the top 10 per- questions and burying them in con- the price crisis, and also the call for cent—the struggling, midsized family ference reports. I don’t know what the strong antitrust action. farmers in the State of Minnesota are $7 billion of assistance is doing in this I yield the floor, and I reserve the re- lucky if they get $3,000 a year. These report. mainder of my time. are the farms that are going to go I just want to conclude—because I The PRESIDING OFFICER. The Sen- under. The USDA says we are going to promised my colleagues I would be ator from Iowa. see a 17-percent drop in farm income brief, and then I will reserve the re- Mr. HARKIN. Mr. President, I concur this year. mainder of my time—by making one with what the Senator from Minnesota Why in the world, when you have other point, which is, I hope we have said. I defy anyone to explain in any these transition payments—AMTA the opportunity on the floor of the rational context whatsoever, any kind payments—going to the largest land- Senate to have debate about farm pol- of rational terms, why we make pay- owners who aren’t even necessarily icy. I hope we can have a debate and a ments to farmers based on what they producers, based upon a program base vote on the Fair Competition Act. did 20 years ago. There is absolutely no going back years, providing the major- It is breathtaking, the extent to rational basis for that. I will talk ity of the benefits to the large opera- which these large conglomerates have about that in my comments a little bit tors, not helping those farmers who are muscled their way to the dinner table, later.
VerDate Mar 15 2010 23:34 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\2000SENATE\S25MY0.REC S25MY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4426 CONGRESSIONAL RECORD — SENATE May 25, 2000 I understand there is a unanimous The final bill moves the Risk Man- collapsed, more and more farmers are consent request we are operating agement Agency in what I strongly feel growing alfalfa—a non-program crop. under, is that right? is the right direction, toward being a Yet they continue to benefit from The PRESIDING OFFICER. There is regulator instead of competitor. We these payments, even while long-time time allocated for three Senators: Sen- place new product development fully in alfalfa producers receive nothing. ator LUGAR, Senator HARKIN, and Sen- the hands of the private sector, wheth- Adding additional payments for oil- ator WELLSTONE. er it be insurance companies, trade as- seeds—even while most oilseed pro- Mr. HARKIN. We are not under any sociations, or universities. ducers already receive Freedom to kind of a speaking order unanimous It includes authority that will finally Farm payments and enjoy an artifi- consent, is that correct? help provide independent advice to the cially high support price—makes even The PRESIDING OFFICER. The last FCIC Board of Directors and create an less sense. order was for the Senator from Iowa to equal review process for all new policy Despite the great expectations sur- be recognized. submissions. rounding this farm program, I contend Mr. HARKIN. Mr. President, I will The bill includes and builds upon that it creates greater market distor- yield the floor and let my colleagues ideas forwarded by our colleagues from tions than those supposed ‘‘failed’’ make their statements. I vitiate that Florida, Senators GRAHAM and MACK, farm programs of the past. unanimous consent and yield the floor. regarding new policy development for And meantime, we spend billions of The PRESIDING OFFICER. Who specialty crops. dollars each year to keep it in place, yields time? It includes an important provision while our rural communities are dying. Mr. WELLSTONE. Mr. President, I first advocated by our Ag Committee Also attached to this bill is addi- am pleased to yield time. colleagues, Senators BAUCUS and tional spending for 2001. Mr. HARKIN. How much time do I CRAIG, to remove the area yield trigger This package represents a good-faith have remaining? requirement from the Non-Insured As- effort by Chairman LUGAR and Chair- The PRESIDING OFFICER. The Sen- sistance Program. man COMBEST to put together a pack- ator from Iowa has 48 minutes and the There are dozens of other equally im- age acceptable to the majority, and I Senator from Minnesota has 41 min- portant provisions in this bill that ben- do not envy their work. utes. efit each and every region of the coun- Although there are provisions in the Mr. WELLSTONE. Mr. President, I try. While I am aware that the row- package I do not support, there are yield 20 minutes to the Senator from crop producing parts of the country many that I do. Nebraska. will gain the most immediate benefits I commend them for structuring a The PRESIDING OFFICER. The Sen- because of their long-standing partici- package with national appeal and for ator from Nebraska is recognized. pation in the crop insurance program, giving consideration to a broad group Mr. DORGAN. I ask unanimous con- the potential for the program to work of commodities and interests. sent to be recognized for 10 minutes just as well along the coasts and in the Finally, let me offer my sincere following the presentation of the Sen- south is given great weight under this thanks to a number of people for their ator from Nebraska. legislation. work on this bill. Chairman LUGAR and The PRESIDING OFFICER. On whose Not every provision benefits every re- his staff have worked very hard on this time? gion; a few are specific only to one re- legislation and made a tremendous ef- Mr. HARKIN. I yield the time. gion or commodity. That is how we fi- fort to advance the often-diverse opin- The PRESIDING OFFICER. Without nally ended up with a bill with na- ions of members of the Ag Committee. objection, it is so ordered. tional appeal, and I am very proud of Thanks also to our ranking member, Mr. KERREY. Mr. President, I rise in that effort. Senator HARKIN, and to his staff, as support of this crop insurance con- Let me say just a few words about well as to our minority leader, Senator ference report. the additional 2000 and 2001 spending DASCHLE, and his staff. They made this As my colleagues from the Agri- added to the crop insurance bill. legislation possible. culture Committee are well aware, this I am pleased that the Budget Com- The coalition that joined Senator legislation has been a work in progress mittee included additional ag spending ROBERTS and me on this legislation for a good long time. in the budget resolution this year, way back in March of 1999 and worked The final package we reached with much as they did crop insurance fund- together throughout deserves special the House and that we bring to the ing last year, and of course Senators recognition: Senators HARKIN, CONRAD, floor today is a very good bill. Farmers CONRAD and GRASSLEY are responsible DASCHLE, BAUCUS, JOHNSON, SANTORUM, in my home state of Nebraska are for that and I thank them. ROBERTS, GRASSLEY, and CRAIG. Special going to be very pleased with it, as are My concerns—and the concerns of mention must go to staff for each of farmers of all types of crops all across many Nebraskans—are well-known: these members, for working together the Nation. distributing additional payments tirelessly and in a completely bipar- The major provisions of this bill re- through the Freedom to Farm mecha- tisan fashion. flect just what we heard when Senator nism is unfair to many and the cause of Let me also thank the Senate Legis- ROBERTS and I asked farm and lending a number of the problems rural com- lative Counsel, especially Gary Endi- groups what they wanted in this legis- munities are facing. cott, for his work throughout this proc- lation, nearly one and a half years ago. These payments, based on planting ess, including too many nights and At that time, they asked for more af- decisions made in the 1970s and 1980s, weekends. fordable coverage, equity for revenue disadvantage younger farmers and And finally, my deepest thanks to insurance, more new and innovative those who have traditionally rotated Senator ROBERTS and to Mike Seyfert policies from the private sector and a crops or tried to diversify—exactly of his staff for their perseverance and better program for specialty crops. contrary to what Freedom to Farm was good humor for the last eighteen This bill includes all of those provi- supposed to accomplish. months. Their commitment to making sions. Some payments go to producers and this legislation bipartisan—right up to Although we’ve provided additional landowners who are no longer pro- the closing hours—is a tribute to Kan- subsidies to buy crop insurance for the ducing the crop upon which their addi- sas and the Senate. past two years, this bill makes them tional payment is based. Even worse, The ACTING PRESIDENT pro tem- permanent law. under this approach payments go to pore. The Senator from North Dakota. And we go one step further by in- people who no longer farm at all. Mr. DORGAN. Mr. President, I would creasing subsidies even higher at the The complaint I hear most frequently like to make a few comments about the very highest levels of coverage—a pro- is about the crops included in these conference report that is before us vision that would have been especially payments versus those that are not. today. As I do, I want to compliment helpful to farmers this year, as a broad Freedom to Farm is destroying the al- some folks for a lot of hard work: My stretch of the Midwest and South face falfa processing industry in Nebraska. colleague, Senator CONRAD, especially, severe drought. As prices for other commodities have who has played such an integral role in
VerDate Mar 15 2010 23:34 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\2000SENATE\S25MY0.REC S25MY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 25, 2000 CONGRESSIONAL RECORD — SENATE S4427 this; Senator HARKIN, Senator LUGAR, says to that family who has those vote for it even though I disagree with Senator GRASSLEY, Senator ROBERTS, hopes and dreams: if you work hard the mechanism of the economic assist- to just mention a few—for a whole se- and you do a good job we will give you ance package, and I do compliment ries of folks in different areas have an opportunity to make it, even during those who helped bring this to the played significant roles in trying to tough times. floor—my hope is that when this is bring this to the floor of the Senate. This legislation has a lot of things in done, we will all understand that if we Frankly, while there are some things it. No. 1, it improves the Crop Insur- have to do this year after year after I would have done differently in con- ance Program. I salute that effort by year, it is time to learn from it. We structing this legislation—particularly my colleagues. Many of us have had really ought to be able to learn when the emergency aid—I am going to vote input, although I did not play the something doesn’t work. Let’s just for it. I think this is a good day for major role on this. The fact is, this im- admit our farm policy doesn’t work family farmers in my State and the provement is a collaboration of Repub- and change it. country. licans and Democrats that is signifi- I started by talking about family We have a fellow in North Dakota cant. This legislation increases pre- farming. Some will say—they are care- named Arlo Schmidt. Arlo is an auc- mium subsidies to help family farmers ful about the circles they say it—but tioneer. He told me one day about an buy up better levels of coverage; a bet- they say the family farm is just yester- auction sale he had conducted awhile ter depth of coverage at less cost for day. This is all nostalgia about an eco- back. What happened during that sale family farmers. nomic unit that does not work any- describes so well the passion and the In North Dakota, it solves some pe- more. This view is just wrongheaded. hurt that exists in farm country when culiar problems. We have had problems We have the kind of economy we intend grain prices collapse and family farm- year after year in which farmers have to have. We can have the kind of econ- ers lose their hopes and their dreams. lost a substantial amount of their crop omy we create in this country. We can This auction sale had occurred on a to wet cycles and, therefore, their pro- decide we want big corporate family farm, owned by a family who duction is decreased. Because of this, agrifactories from California to Maine was not able to make it. They had gone every single year their insurance cov- producing America’s food, or we can broke because prices collapsed. It was erage under crop insurance is de- decide to have a network of families not their fault. A whole series of things creased. They have been caught in a working on farms producing America’s conspired to say to this family they Catch-22 from which they could not es- food. could not farm anymore. They were cape, and it did not make any sense. Europe has made that decision. Go to Europe and visit the rural communities losing their hopes, their dreams, and This bill addresses those issues. This is in the countryside. You will discover their future that day. an important and significant piece of At the end of the auction sale, a reform to the crop insurance bill. small towns are doing well. There is young boy who lived on that farm—he Let me also say this proposal before life, there is a heart, and there is pulse was 10 or 11 years old or so—came up to us today includes emergency economic in small towns. Why? Because Europe has decided they want a network of the auctioneer. The young boy was assistance for family farmers. This as- family farmers producing their food. very angry with him, so angry, that he sistance is what I talked about earlier. The result of this decision is a rural My colleague, Senator WELLSTONE, was said to the auctioneer: You sold my economy that is thriving and working. absolutely correct on this subject. We dad’s tractor. Europe has a safety net for family Arlo said he put his hand on the boy’s ought not use doubling the AMTA pay- farmers they can rely on which gives shoulder to try to console him a little ment, year after year after year, as a them hope for the future. Regrettably, bit, but the boy looked up at him method of providing economic assist- we have not had that same continuity ance to family farmers. It is not the through some tears and angrily said: I in this country. wanted to drive that tractor when I got most efficient and not the most effec- On the other hand, we in this country big. tive way to deliver this assistance. have lurched back and forth from farm The young boy wasn’t accepting any I am going to vote for this bill. If I policy to farm policy. Finally, we fell of that comfort from the auctioneer. had written this legislation, I would off the cliff with Freedom to Farm, He wanted to drive that tractor when have written it differently. This rep- saying we have this new idea—not a he got big. licates what we have done the last 2 very good idea, incidentally—but a new That boy felt like a lot of families years. This is the third year in a row idea called Freedom to Farm. Now, feel, living on a family farm. The farm we have increased AMTA payments. after 3 years of tourniquets, having had was much more than a business. It was This will send money to people who to pass three successive economic as- a way of life. have not seen a farm for a couple of sistance packages to make up for the Family farmers cannot make a living years; have not gassed up a tractor in deficiency, we all ought to understand when grain prices collapse. The under- the spring to plow a straight furrow for that we have to change the underlying pinning basis of Freedom to Farm was, awhile. They are not farming now. farm bill. let’s not care about price supports or They are going to get money under this This legislation includes a substan- safety nets; let’s operate in the open bill, and it does not make any sense to tial amount of resources at a time market, the free market. Well, there me. when those resources will be critically wasn’t an open market when Congress What we ought to be doing is extend- important to our family farmers. I passed it; and there’s not one now. ing emergency help to family farmers have said, and I will say it again—I It seems to me, after about 3 years of living out there on the farm, and who think repetition is probably important, applying tourniquets, somebody ought are struggling to make a living. This at least to make this point—while I to ask the question: Isn’t there some help should be going to family farmers think there is a better way to move serious bleeding going on here? We who are confronted with collapsed these resources to rural America, it is have brought to the floor—including prices; all who have found that when critical at this point, given the col- this bill—emergency help three times you raise a bushel of grain for $4 a lapsed grain prices, to send these re- in 3 years. All of this emergency help is bushel and then have to sell it for $2.50, sources out now. This help will give to try to take the place of the safety you are going to be in trouble. You farmers some hope. net that does not exist in Freedom to cannot continue to make it that way. Our family farmers are not some Farm. There ought to be a safety net for anachronism that does not fit in to- It seems to me it would be wise for us those folks, the folks who are really day’s economy. As I said, there are now—after we pass this bill—to learn farming. Regrettably, the mechanism some who think it is like the little from our mistakes. If we have to do to distribute that emergency economic diner that got left behind when the this every single year, let’s do it in a aid has been the double AMTA pay- interstate came in—it is nostalgia to thoughtful way and the right way. ment. I think we could have done think about, but not really a signifi- Let’s repeal Freedom to Farm and re- much, much better than that. cant part of our future economy. place it with a safety net that works My hope is that following the passage People who think that way, in my for family farmers, a safety net that of this conference report—and I will judgment, are fundamentally wrong.
VerDate Mar 15 2010 23:34 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\2000SENATE\S25MY0.REC S25MY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4428 CONGRESSIONAL RECORD — SENATE May 25, 2000 Go to rural America and learn from ed. Agriculture is facing one of the strong message to rural America that where the seedbed of family values most dire times that I can remember. we will be there to help, both this year comes. Understand the value of rural Families are losing farms, ranches, and and in the future. values in this country and the rolling the livelihood that makes up their own I thank the conferees for heading of those values from family farms to family histories. A way of life is at some of my requests and helping out small towns to big cities, and what it risk, and in Montana, that way of life those farmers hurt by the bankruptcy has done to nourish and refresh the is what makes my state what it has be- of AgriBiotech. The ABT language is values of our country. Then tell me come. Without these monetary adjust- vital to producers who have been nega- somehow families living on America’s ments to make up for failing markets, tively impacted by a bankruptcy that farms don’t count and don’t matter. entire communities would dry up and was no fault of their own. Additionally, The fact is, they face economic chal- blow away. In Montana, our economy our wool producers have been given a lenges almost no one else faces. A is already reeling, and agriculture is shot in the arm to help make sure their small family unit trying to run a farm our number one industry. industry remains viable. These are just puts a seed in the ground and has no Without adequate agricultural sup- a few examples, but I can assure you idea whether that seed will grow. It port, the investments we have made in that this Montanan extends our thanks might get too much rain; it might not. economic development to diversify our for these helping hands. Maybe this seed won’t get enough rain. economy will be threatened. Agricul- The underlying legislation that is It might hail; it might not. Maybe in- tural production is the foundation that carrying this supplemental package is sects will come. Maybe not. Maybe we must build upon. Agriculture is equally important, and is part of the crop disease will destroy it. Maybe not. what keeps products moving across the necessary message that Congress is If they survive all those uncertain- shelves, restaurants open, and food on willing to support agriculture in the ties, maybe they will get it off in time the table. Without that, it will be al- future. It is a proposal that offers to go to an elevator and discover they most impossible to keep towns vibrant much-needed changes in the area of have lost $1.50 a bushel for every bushel enough to attract new investment and risk management for farmers and they raised. They get hit with this loss new technologies. ranchers. Managing risk in agriculture after all their months of work, starting Some critics are pointing out that has become perhaps the most impor- with the tractor in the spring to plow this is the third year in a row that we tant aspect of the business. Agricul- the furrows to plant the seeds all the have supplied rural America with sup- tural producers who are able to effec- way to the combining in the fall to get plemental appropriations. I agree that tively manage risk are able to sustain it in off the field and into the grain ele- this pattern is costly, but I must point and increase profit and operate more vator. out that the promises given to rural effectively in business cycles. An effec- The lack of connection here is strik- America have not been carried out. We tive crop insurance program will pro- ing. So many hundreds of millions of were promised strong foreign market vide our producers new possibilities for people are hungry and our grain mar- penetration and a workable market economic stability in the future. It will kets tell us the food produced by fam- that would get our fair share of the provide another foothold in our at- ily farmers has no value. It is a strik- dollar back to producers. This has not tempts to help agriculture out the cur- ing paradox. happened. Look at any trade deal that rent hole that it is in, and it will pro- In conclusion, I thank my friends, has been negotiated in the last few vide a vital tool to help prevent future Senator HARKIN and Senator LUGAR, years and you will see that our agri- depressions in the agriculture industry. for whom I have great regard, for what culture industry is almost always left The Federal Government must help they have done in this legislation. I with little protection, and actually facilitate a program to unite the pro- urge my colleagues to come back, after very little support from our trade rep- ducer and the private insurance com- we pass this legislation—and I shall resentatives. The result is an on- pany. The control must be put in the gladly vote for it—to reform the funda- slaught of foreign competition within hands of the agricultural producer, and mental farm program itself. If we do our own markets, and not nearly coverage must be high enough to war- that, we will not then have to be con- enough of our product making it out of rant enrolling in the program. Al- tinually passing emergency economic the country. Unfortunately, the admin- though no producer can completely assistance packages, as we are doing istration and current world market control risk, an effective management today with the crop insurance reform trends have not allowed current farm plan will reduce the negative effects of bill. policy to work in the manner that was unavoidable risks. Today’s family Mr. President, I yield the floor. anticipated at the time of its imple- farmer must have adequate options, or The ACTING PRESIDENT pro tem- mentation. I continue to support the one bad year could mean the difference pore. The Senator from Montana. principles of our current farm policy between keeping the family farm or Mr. BURNS. I thank the Chair. but am deeply disappointed that we having to leave agriculture. Mr. President, I commend the con- have not found a way to address the in- This bill addresses the inadequacies ferees for their efforts to finalize the action of the administration in opening of the current crop insurance program. crop insurance report. The crop insur- foreign markets. It will be necessary The problems and inconsistencies with ance proposal before us today is the for Congress to look for ways to allow the current program make it both culmination of literally years of hard our current farm policy to continue unaffordable and confusing to agricul- work by numerous Senators and Con- and provide for the times of depressed tural producers. Costly premiums with gressmen. As you may remember, I markets such as we are facing cur- low coverage percentages are the big- have been a supporter of S. 2251, the rently. gest problem. In years of depressed Risk Management for the 21st Century The current farm policy has not cre- market prices, crop insurance, though Act, and I am extremely happy to see ated the trade imbalance and subse- badly needed, is simply unaffordable that the work on that legislation has quent market collapse, but it has not for farmers. finally been dove-tailed into the work been flexible enough to protect our This bill inverts the current subsidy of the House of Representatives. You consumers. The combination of failed formula, in order to provide the high- will also note that the report includes trade policies, and an unresponsive est levels of subsidies to producers at over $7 billion in supplemental appro- farm policy has resulted in the need for the highest levels of buy-up coverage, priations to help farmers and ranchers direct supports being sent to our pro- and thus alleviate the problem of cope with the current farm crisis. ducers. This year may be even more unaffordable premiums. It also allows Some will note that this is the third vital than previous years. We are fac- for the revenue policies to be fully sub- year in a row Congress has provided a ing drought across the West. Livestock sidized. large supplemental appropriation to is already being moved for lack of Another important provision in this help America’s farmers. However, those water and irrigation has started earlier bill is a pilot program to reward pro- of you that have traveled to our rural than in recent memory. Markets and ducers for risk management activities. communities know that every dime we mother nature have combined forces It will allow producers to elect to re- can send to these areas is vitally need- and Congress must respond with a ceive a risk management payment or a
VerDate Mar 15 2010 23:34 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\2000SENATE\S25MY0.REC S25MY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 25, 2000 CONGRESSIONAL RECORD — SENATE S4429 crop insurance subsidy. The risk man- port, the investments we have made in Mr. President, I express my support agement payments will be given to economic development to diversity our for the conference report to the Agri- those producers that utilize any two of economy will be threatened. This also culture Risk Protection Act of 2000 several activities, including using fu- sends a strong message to the financial which we conferenced yesterday. tures or options, utilizing cash for- community and the farm community I thank Senator LUGAR, our chair- wards, attending a risk management that we are serious about the support man, for his hard work and persistence, class, using agricultural trade options of that industry and will not just let it as I said, over a couple of years in or FFARRM accounts or reducing farm dry up on the vine. crafting the crop insurance title in this financial risk. Quite simply, it rewards I congratulate the people who worked conference report which will provide a producer for utilizing management so hard. This conference was not an significant benefits to farmers across tools that will help protect his, and the easy conference. It was not an easy the country. government’s, exposure in the current package to put together. Next year, we This accomplishment is bipartisan, agriculture market. will be debating what is good for a one of which we can be proud. I thank This bill also takes into account the farm program, and we know there will Senator LUGAR again for his persistent lack of production histories for begin- be some changes made. Right now, the and strong leadership. I thank both ning farmers or those who have added signal to our producers on the land is Senator ROBERTS and Senator KERREY land or recently utilized crop rotation. direct and it is very sharp. who really were the impetus for these This will make it possible for producers We have had some unfortunate things changes in the Crop Insurance Pro- to get a foot in the door and receive af- happen in the State of Montana. We de- gram. I know the two of them worked fordable crop insurance. pend heavily on the Pacific rim for ex- long and hard to put together this bill. This bill is an important tool to re- ports. Three years ago, the economics In the beginning stages, they worked form the current crop insurance pro- of the Pacific rim collapsed: Indonesia, with us on both sides of the aisle to gram into a risk management program, Malaysia, the Philippines, South meet the needs of various parts of our designed to help the producer in the Korea, Thailand. Some of those econo- country. I especially thank Senator long-term. It is vital to find a solution mies are just starting to come back. ROBERTS and Senator KERREY. to provide a way for farmers to stay in Just yesterday, we signed an agree- In this regard, Mr. President, this is agriculture. They must be able to con- ment with the Taiwanese—they will be probably the last agriculture bill we visiting the State of Montana—on buy- tinue to produce and distribute the will have this year. There may be some ing wheat from my State. We have also world’s safest food supply at a profit- bits and pieces that come along later. I put in the act that the Department of able margin. think it is safe to say this may be the Mr. President, I am extremely happy Agriculture has tools to use to fight last, and probably will be the last, the competition on the international that the conferees have finally com- major ag bill this year. markets. They have chosen not to do pleted their work on this important In that regard, I pay my respects and that. There is enough blame to go proposal. It is vital to Montana and the thank our departing colleague, Senator around for a farm economy that is rest of our Nation’s rural agriculture KERREY from Nebraska. He has been an hurting. Nonetheless, this is a positive communities. invaluable member of the Senate Agri- bipartisan step in the right direction. Mr. President, I thank Senator HAR- culture Committee for all of these The producers of our country should years. He has always given great input KIN of Iowa, Senator KERREY of Ne- take a look at this package. There is a and great insight into our deliberations braska, Senator ROBERTS of Kansas, lot of flexibility here. Not only do we and discussions on all facets of Amer- and the Ag Committee—I do not serve talk with multiperil things that can ican agriculture. He has been an in- on the Ag Committee—for completing happen in a crop-year, but we are also valuable member of our committee. I this legislation. talking about revenue, and we have This legislation, by the way, was know I will miss him greatly on our never done that before. We have a com- promised 2 or 3 years ago. They have side of the aisle. plete package, a package that offers a labored a long time with the Crop In- He has always worked in a bipartisan tool for risk management for our ag surance Program which is probably the fashion to help move legislation. I take producers on the land. this time to thank my friend and col- best package that has ever been pro- Again, I compliment the Agriculture league from across the Missouri River duced by Congress and given to the Committee on both sides of the aisle and to wish him well in the future and American agricultural community to for their work on this legislation. It is again thank him for his work in get- manage their risks. This is a tool to very important to the farm States of ting this legislation through. It is a fit- manage their risks. this country. Also, my colleagues will note this re- I thank the Senator from Iowa for al- ting tribute to his work through the port also includes $7 billion in supple- lowing me a little time. I congratulate years in the Senate. His fingerprints mental appropriations to help farmers him and thank him for his leadership are on this crop insurance bill we are and ranchers cope with the current on this issue and everybody who had a passing today. farm situation. part in putting this together. The point of the bill is to help farm- Think about that a bit. This is land- I yield the floor. ers obtain better crop insurance; that mark legislation because we are not The ACTING PRESIDENT pro tem- is, to help them buy up their coverage. even to Memorial Day, we are not even pore. The Senator from Iowa. The final structure of the premium into the meat of the growing season, Mr. HARKIN. Mr. President, I yield subsidy schedule provides higher dis- and we have already made preparation myself on my time such time as I may counts at both lower and higher levels to deal with the situation that exists consume. of buy-up coverage. The improvements in agricultural today. I thank the Senator from Montana at the highest levels, 80 and 100 and 85 We have been stripped from some of for his strong support and input into and 100, will benefit Iowa farmers who our markets, and our prices continue this bill, as he said over a couple of typically face low risk of loss. to be very low. On the other hand, the years, trying to make sure we get a The bill also provides equivalent sub- American consumer is still supplied crop insurance bill that helps farmers sidies to farmers buying revenue insur- with the most wholesome food in the manage risks. I appreciate his input ance policies such as CRC, which is the world. and his kind words. Hopefully, we will crop revenue coverage, a product which This Congress has fulfilled its prom- adopt this conference reports this is very popular with Iowa farmers. This ise to have this money ready to go for afternoon and farmers in Montana and change spurred development of new in- our Nation’s ag producers. Iowa, and all points in between, will at surance policies and products. Without these monetary adjustments least have some assurance they can In addition, the bill will offer reim- to make up for failing markets, entire help manage their own risks. bursement to private developers of new communities will dry up. They are ex- Mr. BURNS. There are a lot of plans of insurance. Again, that will be periencing more financial stress than points. good for our farmers. ever before, probably even through the Mr. HARKIN. There are a lot of Another major provision maintained Great Depression. Without this sup- points in there, that is true. was the elimination of the area loss
VerDate Mar 15 2010 23:34 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\2000SENATE\S25MY0.REC S25MY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4430 CONGRESSIONAL RECORD — SENATE May 25, 2000 trigger for the program for noninsured program, and the summer feeding pro- fewer family farmers, more stress in crops, such as hay and forage crops or gram, that we purchase these commod- rural areas, and more and more of our horticulture fruits and vegetables. ities and get them out to our young money going to the larger concerns This change is important to Members kids. who are driving out our family farms. in the West and Northeast, one which Also, we have reformed the Child and But I want to recite for the RECORD we fought very hard to maintain in Adult Care Food Program to guard where this money is going, these bil- conference. more against fraud which has come up lions of dollars that we are taking from The bill will also protect farmers by repeatedly. taxpayers and putting out there. allowing them to maintain their insur- Also, there is a provision in this During the first 3 years of our Free- able yields, despite significant crop bill—that is also a small provision—but dom to Farm bill—1996 to 1998—the top loss, by limiting how much of a loss af- I think it is going to be very impor- 10 percent of payment recipients, or fects future insurance coverage. tant, which is going to permit us to get about 150,000 individuals, got 61 percent This feature could be very helpful to more children into health insurance for of the payments. Ten percent of the re- Iowa farmers, especially those facing low-income families. cipients got 61 percent of the money. potential drought this summer. At Right now, under the provisions in Their annual payments from AMTA, some point today we will be talking a this bill, if you qualify for reduced- the supplemental AMTAs, we passed little bit more about that drought. But price school lunches, or free school every year, and the loan deficiency this will also be very helpful, again, to lunches, a provision in the bill will payments averaged $95,000. That is for other farmers, too, in the Dakotas and then say the people in the school have the top 10 percent. other places where they have had some to inform your families that since you The other 90 percent averaged only very severe losses for 1 or 2 years in a qualify for free or reduced lunches, you $7,000 in payments. row, which, if not balanced out, could will probably qualify for things such as I have a chart that illustrates this. It unduly affect their rates and their cov- the CHIP program, to make sure, shows the average Government pay- erage in future years. So we protected through Medicaid, your children are in ments by farm size in 1997. The average those farmers in those areas in those a health insurance program. That is was $7,378 for all farms. But those circumstances. another way of reaching low-income farms that had sales greater than $1 I also want to note some other posi- families to make sure that their chil- million averaged $33,699. For those tive provisions in this bill, in the eco- dren are indeed covered by health care. farms that had sales of $250,000 to nomic assistance package. That is another good provision in this $500,000, they averaged $16,524—and on First, there is $50 million for con- bill. down. servation, $10 million for the Farmland Lastly, there is a biomass research As you can see, the bigger you are, Protection Act, and $40 million for and development title in this bill that the more you got. And I daresay, it is EQIP. Senator LUGAR has worked on for a usually those bigger farmers that were I am disappointed, however, that an long time. He is a real champion of it. better able to protect themselves with amendment that I had offered in the I have been a cosponsor of it, but it is insurance and other methods, who may Senate, and which was adopted by the Senator LUGAR who has pushed this bill not have needed that kind of assist- Senate, that would have linked con- to help make more fuel and industrial ance. servation compliance to the provisions raw materials from biomass. And this It is the farmers down here in the of crop insurance, was rejected by the bill is part of this. Again, another good lower end that needed the assistance House conferees. provision of this bill is the biomass re- and the help. But they were left strand- In every other Government farm pro- search and development bill that has ed. grams, there is a provision that man- been championed by Senator LUGAR. On a State-by-State basis, the lop- dates that a farmer has to follow con- So there is much that is good in this sided nature is even more striking. I servation compliance to be eligible for bill. That is why I will support it. That will talk about Iowa, too, but the top those programs. We had it for crop in- is why I was reluctant in the con- 10 percent of recipients in Mississippi surance until 1996. It was taken out. I ference committee to take any more received 83 percent of the payments. In and others desired to put that back in time than we did yesterday, in just a Alabama, the top 10 percent received 81 this crop insurance bill. few hours, to get this bill through. percent of the payments. In my own As I said, it was adopted on the Sen- But I am compelled to speak for a lit- State of Iowa, lest anyone think that I ate side, but the House conferees re- tle bit about what is in this bill that I am singling out other States other fused to go along with that. And in the think is detrimental to our family than my own, the top 12 percent, in interests of getting the crop insurance farm structure in America and to en- terms of income, received 50 percent of bill through, we acceded to the unani- suring that we have a diversified and the payments in my State of Iowa. mous consent request to go ahead and widely spread system of agriculture. I do not think that is fair. The in- remove that provision. I am hopeful to The $7.1 billion in emergency assist- equities of the current system have come back with that again at some ance that is included in this report, I been exacerbated during the current point in the future on some other piece believe, is misapplied, misdirected, and economic crisis in agriculture. of agricultural legislation. in many cases will be misspent. The last 2 years have shown that But other than that, there is $50 mil- It is clear that our farmers are going when prices are low, regular AMTA lion for conservation. That is good. to need aid. There is no doubt about payments do nothing to keep an ad hoc Secondly, there is $15 million in this that. But how this final package looks, disaster package under control. More bill to assist farmer-owned coopera- I think, does not really meet those importantly, they are not an effective tives, and other farmer-owned ven- needs. This is the third year in a row mechanism in targeting aid to those tures, to help develop the value-added that we have had additional AMTA who need it. crops and processing for our farmers. payments—payments to farmers based We have had the AMTA payments. Third, there is $7 million in this bill on emergency help in the farm econ- We come along every year, and we have to further fund vaccines for pseudo- omy. The farm economy is still in a disaster program. They are a very rabbies eradication program for hogs. shambles. For 3 years in a row, it has poor method of response to our current It is very important in our area of the been in shambles. Every year, we come farm crisis. country. back and do the same thing year, after While it is important to get needed Fourth, in the nutrition assistance year after year, after year. Someone aid out to producers, it is imperative programs, there is $110 million for once defined ‘‘insanity’’ as doing the that we get it out to help mostly fam- school lunch commodity purchases. same thing over and over and expecting ily farmers who are really hurting, not Again, we have a lot of surplus crops a different result. Every year we keep to help the bigger farms bury the out there, a lot of surplus commodities. doing the same thing over and over, smaller ones. I think it is beneficial, both for the and we expect some different result; The data indicates just the opposite health of our children, and the school and we do not get a different result. is happening. The lion’s share of this lunch program, the school breakfast The only result we get is fewer and additional aid will go to the largest
VerDate Mar 15 2010 23:34 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\2000SENATE\S25MY0.REC S25MY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 25, 2000 CONGRESSIONAL RECORD — SENATE S4431 producers, while small producers re- the top one-half of 1 percent who, by biggest, those who can protect them- ceive almost nothing. Under the cur- and large, have the economic where- selves. Do you know what they are rent scheme, a recipient at the high withal to protect themselves. Many of doing with that money? They are buy- end of the spectrum may qualify for as our smaller farmers simply don’t. ing more land. They are getting bigger, much as $240,000 in AMTA payments Again, the data indicates that it is because our smaller farmers are going this fiscal year. Under the current law, those at the top of the spectrum who out of production and the bigger farm- a person ‘‘may be eligible’’ to receive are getting the most money. ers are buying their land. the payment maximum of $40,000 for I have another chart. This chart il- Again, if this were a free market ap- each round of AMTA payments, the lustrates how we are going in the proach, I would say fine, but it is Gov- original payment plus the supple- wrong direction. As we continue down ernment payments going out to large mental payment we have in this bill. this pathway of AMTA payments, sup- farmers who are providing for the ex- That adds up, of course. Then they al- plemental AMTA payments, loan defi- tinction of our family farmers—Gov- ready received the supplemental pay- ciency payments built on each other ernment policies, right now, allowing ment that is in the fiscal year 2000 ap- year after year, without addressing the these bigger farmers to get these mas- propriations bill. So that is $120,000. If underlying provisions of the Freedom sive Government payments, squeezing they structure their operations to fit to Farm bill, what is happening is we the smaller producers, and the bigger under the three-entity rule, each per- are creating a bigger gap between the producers are buying up the land and son can receive payments from three big farmers and the smaller farmers in getting bigger and bigger and bigger. It entities. That, in effect, doubles that our country. This chart illustrates isn’t because of any free market ap- $120,000 up to $240,000. And that is not that. proach, it is because of governmental the end of it. As much as $300,000 in As one can see by Government pay- policies. Again, the disparities are not loan deficiency payments and mar- ments here on the left side, $20,000, just size related, they are based on keting loan gains can go to that farm- $40,000, $60,000, $80,000, $100,000, and pro- planting history. er. One farmer in this country this ducers who receive those payments, if When I opened my remarks earlier year can get up to $540,000 of taxpayers’ they look at this block, they will see today, I said someone please explain to money. I don’t believe that is right; I that those producers who received me how it is good public policy that we don’t believe that is fair. about $50,000 or more in payments in pay farmers AMTA payments, Govern- I was going to offer a provision in the the last 3 years almost doubled the ment payments, this year based on conference committee. I didn’t. The amount of money they were getting what they did 20 years ago. That is reason I didn’t is that I thought it was from the Government—almost doubled right. I try to explain this to people, important to get the crop insurance it. and I get blank stares. It is a fact. If bill through. As I said in the con- Look here at our smaller, family- you have two farmers out there, one ference committee yesterday, we sized farmers, who only got maybe who has a 20-year history of planting should have a crop insurance bill before $2,000 or $3,000 in payments. They just and the other who maybe only has a 5- us. went up a very small amount. These year history of planting, the one who The budget resolution that was doubled in size, doubled in payment; has the 20-year history of planting may passed here, that allowed us to have these hardly went up at all. What kind be planting nothing this year, but additional spending this year for sup- of policy are we pursuing here? guess what, you are going to get plemental payments to farmers, pro- I am not talking about farmers just money. vided for the authorizing committee to getting big on their own and making Yet if you were a farmer out there authorize it by June 29, which means more money. If these big farmers are planting for the last 3, 4, or 5 years, we had until the end of June to have a more efficient and can do a better job you don’t have that 20-year history, debate in our committee to talk about and get this money in the marketplace, you won’t get anything. Again, please the policy implications of what we God bless them. We are talking about explain to me how this is good policy. have been doing the last couple years taxpayers’ money going from here to It is not tied to what farmers are pro- and whether or not we want this policy these farmers. The big ones almost ducing today. It is tied to what they structure to continue. doubled in the amount of money they produced 20 years ago. Do we want to really continue to put are getting from the Government; the Two farmers in Iowa, with half their our AMTA payments out like this? smaller ones barely got any increase at production in corn and half their pro- Well, we did not have that debate, so all. I wish someone would explain to duction in soybeans, can be paid mark- here we are confronted with this on a me how this is sound public policy. edly different levels because of past crop insurance bill, which should not I have the figures right here. Recipi- planting history. When you figure the be. This should be a separate bill from ents who averaged $50,000 or more in AMTA payment level, the farmer with the Agriculture Committee on the floor Government payments from 1996 to 1998 a 50-percent corn base and a 50-percent where we could debate this. received $42,337 more in 1998 than in soybean base will be paid half as much Maybe it would be the will of the ma- 1996. In contrast, if you were at the in AMTA payments as the farmer who jority of the Senate to continue to give bottom of the payment spectrum, these has a 100-percent corn base. What sense large payments to large farmers, to little ones down here at the bottom, does this make? It makes no sense. continue the three-entity rule to allow you averaged between $5,000 and $10,000 Farmers all over my State recognize some farmers to get hundreds of thou- per year, which is the bulk of the farm- that. sands of dollars. That could have been ers in my State; you received a mere Now, as if all I have said isn’t bad the outcome. But at least we should $740 more in 1998 than you did in 1997. enough, the prospects for drought this have been debating it. It should be here I will repeat that. In my State—just year will even cause this program to be in a manner in which it would be de- talking about my State; I don’t want worse than it is. If a drought of the batable and amendable. We don’t have to pick on anybody else’s State—in my proportions that is predicted actually that. own State of Iowa, if you received an occurs, the disparity between the haves I was going to offer an amendment to average of $50,000 or more in Govern- and the have-nots will grow even more. limit to $100,000 the most anyone could ment agricultural payments from 1996 Why is that? Because let’s say we have get through the AMTA system. I heard to 1998, in 1 year you got more than a a drought—and it looks as if we are all kinds of talk from different people $28,000 increase, from 1997 to 1998. You going to have pretty severe droughts in saying this would be terrible. That got $42,000 more over the 2 years. That some parts of the country and other would have affected five-tenths of 1 is if you were at the top of the heap. If parts of the country will not—that percent of all the recipients; 6,700 farm- you were at the bottom and you only means that the price, say, of corn is ers would have been affected by that if got $5,000 to $10,000 in Government pay- going to go up. But you, who are in a we would have capped it at $100,000. ments, you got $740 more. drought area, may only get a certain I have always thought I was here to Someone please tell me how this is portion—you may get an AMTA pay- fight for the vast majority of the fam- good public policy, that we give Gov- ment, but you won’t get anything out ily farmers who are out there, not just ernment money out like this to the of the market because you won’t have
VerDate Mar 15 2010 23:34 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\2000SENATE\S25MY0.REC S25MY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4432 CONGRESSIONAL RECORD — SENATE May 25, 2000 a crop. If, however, you are in an area ica. As the sponsor of the first crop in- negotiations and worked out all the where you haven’t had a drought, you surance reform legislation introduced final deals, and after we terminated the are going to get high prices for your in the 105th and 106th Congress, I have conference and had signed the con- crop and an AMTA payment. Those worked hard on crop insurance reform ference report—that the unfinished who have no crop to sell will have their and on keeping this issue at the fore- bankruptcy bill was going to be thrown incomes plummet; they will get no ad- front of congressional priorities, so it into the crop insurance conference re- justment in their AMTA payment to is gratifying to finally see this measure port. address those losses. They will get ab- completed by conferees and the Con- That is an example of how the Senate solutely no more than the farmer who gress. should not operate. It would be hard to has a huge crop because they were not I worked with a committee of Min- imagine a more serious breach of trust. in the drought area. Again, these pay- nesotans representing producers, lend- I was prepared to discuss the world ments will exacerbate again this dis- ers, agriculture economists, and other history of crop insurance from 1860 parity between the large farmers and stakeholders to build a consensus on through the year 2000, which could the small farmers in America. Again, I solutions to the current discontent- have put me to sleep while I was talk- think that is bad public policy. ment in rural America with the federal ing. In the end, it appears that cooler Now, maybe if we have a big drought, crop insurance program. I am pleased heads prevailed and decided they would we will come rushing in here with some that the final bill contains the expan- rather pass crop insurance than listen kind of a disaster package. But, again, sion of pilot programs I worked for, ex- to me speak. I wonder who is going to get the bene- pansion of the dairy options pilot pro- I appreciate the role of Senators fits of that. So throughout all of this, gram that I cosponsored, and higher LUGAR and ROBERTS to get us back on the mantra has been that there is no premium subsidies at the higher levels track on crop insurance. For my part, I will continue to work other viable mechanism, that AMTA of coverage that was the critical por- with Senators GRASSLEY, SESSIONS, payments are our best means of getting tion of my original legislation. DASCHLE, HATCH, TORRICELLI, and oth- aid to our producers. Well, if this is the The premium subsidies will be cru- ers on both sides of the aisle to craft a best we can do, I would hate to see cial to help farmers manage their risk, fair balanced and bipartisan bank- what the worst is. and possibly reduce the need for ad hoc ruptcy bill. If we could do this for crop There is a better way. I believe both disaster assistance. Many producers be- insurance, we can do it in bank- sides should come together to figure lieve that the current crop insurance ruptcy—if there is the will to get it out a better way of getting payments program is too costly to take part in, done. out to farmers. This idea of giving and this reform measure should in- While there are aspects of the crop more and more to the biggest is not crease participation and thus spread insurance compromise that I do not right, not good for our country; it is risk more widely. like, there clearly was a significant at- not good public policy. I have urged the I am also pleased that the crop insur- tempt to design a package that bene- Senate to have a frank and open dis- ance package includes an additional fits all areas of the nation and a wide cussion about the failures of the cur- $7.1 billion in emergency aid to pro- range of commodities—including spe- rent system and on ways to improve it. ducers, which includes AMTA pay- cialty crops. This is a very good bill. We have not been afforded that oppor- ments and oilseed producer assistance I appreciate this national focus be- tunity in a meaningful way. payments. This will hopefully give cause a narrowly focused crop insur- As I said, this is in no way dispar- rural economies and farm families the ance bill would not have been helpful aging of my friend and the chairman of financial boost they need until com- to New England and the Mid-Atlantic the Agriculture Committee. I know he modity prices start to rise again. While States. I was pleased to work with was more than willing to have this dis- I have concerns about AMTA, this is many of my colleagues from that re- cussion and this debate. But the powers the best way to quickly distribute gion—both Democrats and Repub- that be insisted that we have this these funds to farmers. I agree AMTA licans—to formulate a package that AMTA payment provision on the crop should be revisited in the next farm would also benefit our regions. insurance bill. So here we are with it, bill. I appreciate the leadership of Chair- without any provision for our author- Mr. LEAHY. Mr. President, this re- man LUGAR and his ranking member izing committee to discuss and debate, port is a good example of how the Sen- Senator HARKIN in working out a good and perhaps modify. As I said, I don’t ate—when we sit down and work to- compromise. Also, Senators ROBERTS know if the will of the majority would gether—can craft sound legislation. and KERREY deserve a great deal of have been there to do that, but at least New England and Mid-Atlantic farm- thanks for all their work on this issue. we could have had an open and frank ers who do not usually participate in I want to point out one general con- discussion about whether or not we crop insurance will greatly benefit cern. wanted to go in that direction. Hope- from this effort. There is funding to Because of the simultaneous work on fully, we will have that opportunity in help preserve farmland, protect the en- Agriculture appropriations some provi- the future. vironment and to give farmers better sions critical to New England and the So, again, I hope we will have this tools to manage risk. Mid-Atlantic States, and to many type of debate. I think our farmers and In addition, farmers who have suf- other states, have been omitted from our taxpayers deserve that type of de- fered through two years of low prices this package—because the plan is to in- bate. In the meantime, I have no prob- will get some relief as USDA purchases clude them in appropriations. lems with the underlying bill. It is a $200 million worth of apples, cran- It is crucial to me—and Republicans good bill. The crop insurance bill is a berries, potatoes, melons, and the like. and Democrats in both Houses—that good bill. It is going to go a long way There will also be major purchases of dairy farmers not be left out of Agri- toward helping our farmers manage the specialty crops for the school lunch culture appropriations bill since this risk. As I said, there are other good program—this will benefit farmers and report does not provide them with di- provisions attached onto it. I am just school lunch programs. rect financial assistance. I am counting sorry we had to attach on the payment In the beginning, there were a lot of on some assurances I have received to provisions to this bill without having strong differences of opinion on how to keep the dairy funding in the appro- the committee do its job. reform crop insurance and provide as- priations bill. I will be working closely Mr. President, I yield the floor. sistance to farmers. In fact, we had a with my appropriations colleagues Sen- Mr. GRAMS. Mr. President, I want to 10–8 split in the Agriculture Committee ator COCHRAN and his ranking member, briefly express my support for the crop on how to structure this reform. Senator KOHL, on this matter. insurance reform package that is being But Republicans and Democrats Also, I understand that the House ap- considered today, and the additional worked together and got the job done. propriations bill includes $100 million emergency assistance that was ap- Sure, it’s more work but that is why for apple farmers who have been hard- pended to the bill. we are here. hit by low yields or low quality after This crop insurance reform is criti- I was very upset yesterday when I two years of unavoidable weather ex- cally needed in the heartland of Amer- learned—after we ended our conference tremes, from floods to drought. Helping
VerDate Mar 15 2010 23:34 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\2000SENATE\S25MY0.REC S25MY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 25, 2000 CONGRESSIONAL RECORD — SENATE S4433 these farmers is extremely important they need such that USDA can, during many times and do so again today. to New England, Mid-Atlantic States, the suspension, properly determine David Grahn with the Office of General Washington State, California, and which offices should be closed. Counsel of USDA has once again great- other areas. I want to briefly mention a special ly assisted the Congress in providing As I pointed out during the con- crop provision, section 203, which pro- expert technical drafting advice. ference, farmland protection programs vides $200 million to the Secretary to Ken Ackerman, head of the Risk work very well to help preserve farm- purchase specialty crops ‘‘that have ex- Management Agency, also provided ex- land as farmland. There is so much perienced low prices during the 1998 pert technical advice to the Congress need for funding, that our modest pro- and 1999 crop years . . .’’ We expect the on this bill. gram in Vermont could instantly use Secretary to very aggressively use this Let me bring your attention to an- the full $10 million since there is such authority to purchase apples, cran- other aspect of this report, the Plant a need and desire for this program. berries, potatoes, and the other com- Protection Act that has been incor- Indeed, I had a major role in getting modities listed. This provision is very porated into this legislation. This mod- section 388 included in the 1996 farm important to New England, Mid-Atlan- ernization of existing laws provides bill. Similarly, in the 1990 farm bill tic states and to other areas. tools and resources for animal and contained a related farmland preserva- I want to thank my colleagues on the plant health inspection services for the tion program which I drafted called crop insurance conference for all their Animal and Plant Health Inspection ‘‘Farms for the Future.’’ efforts to craft a strong compromise re- Service of USDA so that they can bet- I was pleased that the conference port. I appreciate all the hard work of ter do their job. would accept this latest farmland pro- Chairman LUGAR and his great sense of This legislation will not only help tection proposal found at section 211, fairness. As usual, his staff did an ex- protect agricultural plants in the the ‘‘Conservation Assistance,’’ provi- cellent job. Keith Luse, his chief of United States from pests and disease sion. This provision will be of great staff, helped carefully balance many but will also assist APHIS in dealing help to the Vermont Housing and Con- competing interests. with invasive species. The Plant Pro- servation Board which has done a tre- His chief counsel, Dave Johnson, was tection Board has indicated that pas- mendous job helping preserve Vermont extremely helpful and provided out- sage of this Act is their number one farms and the farming way of life by standing guidance throughout this recommendation for safeguarding buying development easements on complicated process. Andy Morton, the American plants. I want to thank farmland property. chief economist, and Michael Knipe, Under Secretary Mike Dunn for his I was proud to fight to include fund- the lead counsel, provided sound anal- leadership on this important matter. Mr. GRAHAM, Mr. President, Mem- ing for such a great agency—the ysis and helpful assistance. bers of the Senate. I come before you Vermont Housing and Conservation Senators KERREY and ROBERTS today to speak in support of the con- Board of Vermont. Providing funding played a very major role in this effort ference report of the Agriculture Risk to them as soon as possible will enable and I appreciate their contributions. Protection Act of 2000 which we are them to free up money which could be Mike Seyfert of Senator ROBERTS’ staff voting on today. used to preserve additional farmland in demonstrated great expertise on these First, I believe that this conference Vermont. complicated issues. Hunt Shipman, report is the beginning of a new era of I appreciate the willingness of the with Senator COCHRAN, and Scott Carl- cooperation between traditional row other Members to include this provi- son, with Senator CONRAD, were very crop states and speciality crop states. sion and am anxious to allow the Board instrumental during this effort. During our development of this legisla- to greatly enhance its service to farm Bev Paul, with Senator KERREY, was tion, I have worked closely with my families in Vermont. creative and energetic throughout the colleagues Senators MACK, LUGAR, Section 211(b) is also a very impor- staff negotiations and of great help in KERREY, and ROBERTS to address the tant provision for many regions of the crafting the final compromises. While unique needs of speciality crop pro- country. It allows the Secretary not a conferee, the Democratic leader, ducers. This new cooperation speaks through the CCC to provide financial Senator DASCHLE, and his staff, Zabrae well of our ability in the next Congress assistance to farmers for a very wide Valentine, were very helpful regarding to cooperatively review the impacts of range of activities such as addressing this effort. the 1996 farm bill on American agri- threats to soil, or water, or related As always, the ranking member of culture. I believe that, based on this natural resources. the committee, Senator HARKIN, was a cooperative effort, we will be success- In the alternative, it permits funds strong spokesman for farmers and ful in ensuring that all American agri- to be used to help farmers comply with ranchers. His staff, Mark Halverson culture, not just row crop producers or environmental laws or to be used for and Stephanie Mercier, provided help speciality crop producers, but all of ag- ‘‘beneficial, cost-effective changes’’ to to all of us. riculture reaps the benefits from those a variety of different efforts or uses The House staff also did a great job reforms. needed to conserve or improve soil, or and I salute them. The chairman, Mr. Let me say a few words about agri- water, or related natural resources. COMBEST, as have past chairmen, was culture in the state of Florida. The This gives the Secretary a broad very ably represented by his Chief of image that many of us hold of the state range of land preservation and con- Staff, Bill O’Conner. Jeff Harrison, the is one of white sand beaches, coral servation alternatives for funding majority legal counsel, did a terrific reefs alive with hundreds of tropical under that subsection. job drafting and explaining very com- fish, or Disney World. While accurate, There is language in this report for a plex legal language. this image is not complete. temporary suspension of authority to It is always a pleasure to work with Florida has 40,000 commercial farm- combine USDA field offices. I am con- Congressman STENHOLM, the ranking ers. In 1997, Florida farmers utilized a cerned that in small-population states, member on the House Agriculture little more than 10 million of the such as Vermont, cuts in federal staff Committee. His staff, including Vernie state’s nearly 35 million acres to have been so significant that the of- Hubert, Chip Conley, and John Riley, produce more than 25 billion pounds of fices do not function effectively. Dur- displayed a thorough understanding of food and more than 2 million tons of ing this temporary suspension the Sec- the issues and are a great resource for livestock feed. Florida ranks number retary should also suspend staffing the Members. nine nationally in the value of its farm cuts. My own staffer on these matters, Ed products and number two in the value These staff cuts, particularly in the Barron, as usual did a tremendous job, of its vegetable crops. Farm Services Agency, should be halt- put in endless hours and helped me Florida agriculture is not only valu- ed in very small states so we can figure work out a good package. Also, Melody able, but diverse. We rank number two out what minimal numbers we need to Burkins, who joined my staff recently, nationally in horticulture production properly run these offices. Indeed, in a did a terrific job. with annual sales of over $1 billion. small state like Vermont it only makes I have praised the work of Gary Endi- Florida grows 77 percent of U.S. grape- sense to allow them to hire the staff cott, of Senate Legislative Counsel, fruits and 47 percent of world supply of
VerDate Mar 15 2010 23:34 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\2000SENATE\S25MY0.REC S25MY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4434 CONGRESSIONAL RECORD — SENATE May 25, 2000 grapefruit. The state produces 75 per- This program was not a success for S. 868, the Forestry Initiative to Re- cent of the nation’s oranges and 20 per- specialty crops. Of the 125,772 producers store the Environment. cent worldwide. who bought additional buy-up coverage Fourth, to encourage specialty crop In 1997, Florida’s farmers led the na- after this subsidy was offered, 81 per- producers to buy up to 50/100 coverage tion in the production of 18 major agri- cent were producers of program crops. once these new policies are developed, culture commodities including: or- The highest increase in a single com- the report before us today increases anges and grapefruits, sugarcane, fresh modity was 31,191 additional policies the rate for 50/100 coverage, the initial tomatoes, bell peppers, sweet corn, sold to corn producers while the lowest buy-up level after catastrophic cov- ferns, fresh cucumbers, fresh snap increase was an additional 3 policies erage to 67 percent. This will create an beans, tangerines, tropical fish, temple sold to pepper producers. Even when incentive for growers to purchase buy- oranges, fresh squash, radishes, corrective action is taken to work on up coverage and bring us closer to gladioli, tangelos, eggplant, and house- increasing buy-up coverage for all meeting our goal of reducing depend- plants. crops, the program that is designed ence on the CAT program. Florida livestock and product sales does not have a dramatic effect on spe- Fifth, to ensure that aid for farmers were $1.1 billion in 1997. We are the cialty crop participation. We need a who have no crop insurance policies largest milk-producing state in the different approach for this unique sec- available to them actually receive aid southeast. We rank 14th nationally in tor of U.S. agriculture. in times of natural disasters, this re- the production of eggs. Florida’s horse The original legislation that I intro- port modifies the Non-insured Assist- industry has produced 39 national thor- duced sought to promote the develop- ance Program (NAP) to eliminate the oughbred champions and 47 equine mil- ment and use of affordable crop insur- area trigger, making any grower whose lionaires. Florida also has active pea- ance policies designed to meet the spe- crop is uninsurable and experiences a nut, cotton, potato, rice, sweet corn, cific needs of producers of specialty federally-declared disaster, eligible for and soybean industries. crops. The Agricultural Risk Protec- these funds. As these facts demonstrate, agri- tion Act of 2000 will increase specialty I will not enumerate each of the pro- culture in Florida means many things crop producer participation in the Fed- visions of this legislation, as almost to many people. However, all Florid- eral Crop Insurance Program, encour- each page contains a specific remedy ians recognize that agriculture is a for problems faced by specialty crop critical part of our economy. Each age higher levels of coverage than pro- producers. I commend my colleagues year, Florida agriculture ranges from vided by catastrophic insurance, and for their efforts to ensure that crop in- the second to the third largest industry enable better planning and marketing surance reform passed by the 106th in the state on an income basis. It is decisions to be made. I am pleased to say, Mr. President, Congress will take into account the this diverse industry that the Agri- that the crop insurance conference re- needs of all agriculture producers. In culture Risk Protection Act of 2000 will particular, I thank Senators MACK, assist. port we are considering today enacts On July 20, 1999, I joined my col- the major provisions of my original KERREY, and ROBERTS for joining me in my efforts to ensure that the needs of leagues Senators MACK, FEINSTEIN, and bill. With the key support of Senators production agriculture in Florida are BOXER in introducing S. 1401, the Spe- KERREY and ROBERTS, who have fo- cialty Crop Insurance Act of 1999. This cused their attention on the needs of met. legislation sought to reduce the de- speciality crop producers, we have I believe that the provisions in the pendence of the specialty crop industry forged a bi-partisan piece of legislation Agriculture Risk Protection Act of 2000 an emergency spending and cata- that addresses the needs of multiple re- will ensure that specialty crop pro- strophic loss insurance coverage by im- gions of the country. ducers have access to high quality in- proving its access to quality crop in- In addressing speciality crops, the surance products designed to meet surance policies. Agriculture Risk Protection Act of 2000 their needs. Currently, crop insurance policies takes the following actions: Turning away from crop insurance available for specialty crops do not First, to ensure that the Risk Man- for a moment, I would like to mention cover the unique characteristics asso- agement Agency utilizes private sector a few key times in this package that ciated with the planting, growing, and expertise in developing new crop insur- are just as critical for specialty crop harvesting of specialty crops. Accord- ance policies, it requires that portions producers. ing to a GAO report on USDA’s of research and development funds in First, this legislation includes $25 progress in expanding crop insurance this bill and research and development million for compensation to growers coverage for specialty crops, even after funds for new crop insurance policies who have experienced losses due to an expansion in policies available to appropriated to RMA each year be fo- plum pox virus, Pierce’s disease, and specialty corps planned through 2001, cused on specialty crop product devel- citrus canker. To date, citrus canker the existing crop insurance program opment. The legislation specifically has spread to over 1600 acres of com- will fail to cover approximately 300 authorizes $20–25 million per year for mercial citrus groves in Florida and is specialty crops that make up 15 per- RMA to enter into public and private threatening the existence of the indus- cent of the market share. In some partnerships to develop specialty crop try. The entire lime industry is on the cases, although crop insurance may insurance policies. verge of being eliminated. Already, exist for a specialty crop, it may not be Second, it also establishes a process over half of the 3000 acres in lime pro- available in all areas where the crop is to review new product development and duction have been destroyed or marked grown. For example, the GAO report ensure that crop insurance products for destruction. Once an infected tree indicates that crop insurance for are available to all agricultural com- is discovered, federal regulation, de- grapes is available in selected counties modities, including specialty crops. signed to eradicate this disease, re- in Arkansas, California, Michigan, Mis- Third, the Agriculture Protection quires the destruction of all trees, souri, New York, Ohio, Oregon, Penn- Act of 2000 expands the authorization healthy or diseased, within a 1,900-foot sylvania, and Washington but not in for the Risk Management Agency to radius. Literally thousands of citrus other growing areas located in Arizona, conduct pilot programs to increase its trees, which require three to four years Georgia, North Carolina, and South flexibility in developing better prod- to reach maturity, have been burned to Carolina. ucts for specialty crop producers. the ground during this year’s growing In an effort to increase producer par- Today, we are voting on legislation season. These funds are a critical first ticipation in buy-up coverage, the Risk that will allow pilots to be conducted step in the ability of our grower to re- Management Agency last year under- on a state, regional, and national basis cover from the devastation that this took a pilot program to increase the for a period of four years or longer if disease has caused in Florida. premium subsidies at a total cost of desired by RMA. This legislation also Second, this legislation includes a $400 million. In 1999, the Congress en- specifies authority for the Risk Man- streamlined version of the Plant Pro- acted this same program which was agement Agency to conduct a pilot pro- tection Act. In 1988, I commissioned a deemed a success on an emergency gram for timber, a provision I origi- study by the U.S. Department of Agri- basis. nally introduced on April 22 of 1999 in culture and the Animal and Plant
VerDate Mar 15 2010 23:34 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\2000SENATE\S25MY0.REC S25MY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 25, 2000 CONGRESSIONAL RECORD — SENATE S4435 Health Inspection Service (APHIS) to ty South Dakota grown crops are cur- sistance package included in the con- evaluate the viability of our nation’s rently eligible for crop insurance, and ference report. I am concerned that the system of safeguarding America’s plant among our major commodities, partici- conference committee ignored the in- resources from invasive plant pests. In pation in the crop insurance program is equity inherent with the current farm today’s global marketplace where high. Ninety-five percent of our corn bill, and instead, chose to make eco- international travel is commonplace, acreage is enrolled in crop insurance nomic aid payments to farmers based the importance of APHIS’ role in en- while ninety two percent of our soy- on AMTA payments. suring that invasive pests and plants bean acres are in this program. Wheat Even though South Dakota producers do not enter our borders in paramount. producers in South Dakota place sev- stand to receive—in a timely fashion— The passage of the Plant Protection enty-six percent of their acreage in about $158 million in additional AMTA Act was the number one recommenda- crop insurance. After the reforms made payments within the economic aid tion of this report which included al- to the program in 1994—when I chaired package, these payments are unfair to most 300 individual recommended ac- the House Agriculture Subcommittee many of the family farmers in my state tions. Today, we are taking our first dealing with this issue—over 10 million for a number of reasons. step toward a serious commitment to acres of farmland in my state were en- First, AMTA payments are made re- protecting American agriculture from rolled in crop insurance. gardless of whether crop prices are the ravages of diseases like citrus can- I was pleased to co-sponsor a bipar- high or low. I would prefer an approach ker or the Mediterranean fruit fly. tisan reform bill that is a modification (in overall farm policy and in the con- Third, conference report includes of S. 1580, the Kerrey-Roberts Crop In- text of disaster aid) that provides tar- over $70 million for key infrastructure surance for the 21st Century Act. The geted, counter-cyclical benefits to fam- improvements to the fruit and vege- conference report before the Senate ily-sized farmers because it would be table inspection system that was re- today closely mirrors the Kerrey/Rob- more market-oriented and provide a cently embroiled in controversy when erts legislation and addresses some of more reliable safety net. eighty USDA inspectors were arrested the most serious concerns of the cur- Second, since AMTA payments are for taking bribes to reduce the value of rent crop insurance program; afford- based on outdated crop yields and base produce and allow receivers to nego- ability, dependability, and flexibility. acres from 1985, they are unfair to tiate lower prices with shippers. These Nearly every agricultural producer many South Dakota farmers. In the funds will restore the integrity of this wants the opportunity to purchase mid-1980s, farmers in my state planted system. higher levels of crop insurance cov- more grain sorghum and oats in com- Again, I commend my colleagues for erage, but most have found that buy-up bination with the staple crops like their fine work and perseverance in coverage becomes cost prohibitive. wheat, corn, and soybeans. But, all of bringing this conference report to com- This bill makes coverage more afford- these crops make up their ‘‘base acres’’ pletion and before the Senate for a ability by providing higher subsidies upon which an AMTA payment is final vote. Today’s action will enact for higher levels of coverage. South Da- made. As such, farmers in South Da- long-term change in our crop insurance kota farmers support this provision of kota may receive AMTA payments on program that will provide specialty our bill because affordability seems to low-value crops like oats and grain sor- crop producers with access to afford- be the most pressing issue facing crop ghum that they don’t even plant today. able crop insurance policies which are insurance today. Moreover, crop yields in the mid- designed to meet their specific needs. In recent years, the issue of coverage 1980s were much lower than crop yields Mr. JOHNSON. Mr. President, I am dependability has come into serious today, yet, AMTA payments are based pleased to address the Senate today in question. Farmers in South Dakota on these outdated crop yields. For ex- support of a conference report (H.R. and elsewhere have suffered under mul- ample, the 1985 corn yield assigned to 2559) that improves and expands the tiple years of weather related disasters. AMTA payments is set at 64 bushels crop insurance and risk management The bill before us today ensures great- per acre. Yet today, most farmers raise tools available to farmers in the United er coverage dependability by providing around 100 bushels of corn or better. States. I am equally pleased to support relief for producers suffering from in- Once again, the AMTA payments fail economic and disaster assistance at- surance coverage decreases and pre- to recognize modern day farming con- tached to H.R. 2259 not because I be- mium increases due to multi-year crop ditions. lieve the assistance will always be tar- losses resulting from natural disasters. Finally, there still exist situations geted to those that need it most, but The conference report authorizes where landlords and not farm operators rather because Congress cannot afford USDA to conduct a series of pilot pro- receive the AMTA payments. to ignore the opportunity to act now in grams to provide risk management pro- Last week I sent a letter to Con- order to provide timely relief to our tection to livestock producers, I am ference Committee Chairmen LUGAR nation’s family farmers and ranchers. hopeful livestock producers can stand and COMBEST insisting that Congress Collapsed crop and livestock prices, to benefit from this action because to must not alter statutory payment limi- weak export demand, and agribusiness date they have been specifically ex- tations so large farming entities can’t concentration continue to threaten the cluded from this protection. swallow up the majority of government viability of our independent family Yet, I am disappointed the crop in- assistance. Last year, an amendment farmers and ranchers. Crop insurance surance conference committee mem- to the fiscal year 2000 Agriculture ap- provides many agricultural producers bers dropped a provision that sought to propriations bill increased payment with a risk management tool, and with maintain conservation compliance as a limits on loan deficiency payments and the reforms made in the legislation be- part of crop insurance coverage. marketing loans from $75,000 to $150,000 fore us today, crop insurance will prove As a member of the Senate Budget for 1999. As a result of this specific even more effective. Committee, I helped secure $6 billion change last year, only the largest of Nonetheless, I must caution that no last year (over a four year period) in the large farms stood to benefit. My matter how well crop insurance is im- order to improve the overall crop in- letter urged the conference committee proved, it is not a substitute for a surance program. This year, funds were members to not extend this special sound farm policy or a safety net. In- added to this level to bring a total of treatment of the payment limits be- stead, crop insurance is an important $8.2 billion over five years to crop in- yond 1999. I am very pleased the con- part of that farm safety net. Moreover, surance improvements. As a member of ference committee agreed to reinstate the economic and disaster farm aid at- the Senate Agriculture Committee, I the more responsible, lower, payment tached to this legislation will help in am pleased the legislation I cospon- limits for this year. Family farmers the near-term, but for the third year in sored and supported closely mirrors the are the backbone of rural America. If a row this Congress has failed to ad- conference report before us today; we have a limited amount of taxpayer dress the underlying shortcomings of therefore, I am pleased to vote for H.R. funds in which to provide a safety net the current farm bill. 2259. for farmers, it is simply common sense Crop insurance is critical to the Nonetheless, I want to discuss some that we target the benefits to those farmers of South Dakota. Nearly twen- items in the economic and disaster as- who need the assistance.
VerDate Mar 15 2010 23:34 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\2000SENATE\S25MY0.REC S25MY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4436 CONGRESSIONAL RECORD — SENATE May 25, 2000 I also want to mention that there are I also encouraged the conference to sell insurance and more USDA offi- several items within the economic and committee to consider inclusion of my cials to help farmers craft a strategy disaster aid package that I support, bills to forbid packer ownership of live- for their farm. This money will put in and as such, I will vote in favor of this stock and to label meat for its country- place the necessary human infrastruc- legislation. of-origin. ture. First, sheep producers in South Da- My legislation enjoys broad support The final provision of the Northeast kota have suffered under near all-time all across the nation because it will re- amendment is $50 million over five low wool prices. To add insult to in- store confidence and freedom in live- years for payments to farmers who jury, many of these same producers stock markets. I am disappointed the adopt certain conservation practices. must try to compete in lamb meat pro- committee failed to include either of The effect of this amendment will be to duction with unfair and surging im- these items as it will once again be- increase participation, by making it ports from other countries. I am espe- come clear that Congress largely ig- more attractive, more affordable, and cially pleased the conference com- nored the independent livestock pro- more accessible to farmers who grow mittee agreed to provide $11 million in ducer trying to compete in an unfair specialty crops and have low rates of fiscal year 2001 to provide direct pay- marketplace. participation in crop insurance. ments to sheep producers based on poor Mr. TORRICELLI. Mr. President, But the Conference Report also vast- wool prices. first, I would like to thank Senators ly improves the situation for farmers Second, as a strong advocate of farm- KERREY, DASCHLE, and ROBERTS who who grow non-insurable crops by im- er-owned value-added cooperatives, I have worked to craft a national crop proving the Non-insured Crop Disaster am extremely satisfied to support the insurance reform bill. I rise in support Assistance Program (NAP). Because inclusion of $15 million worth of com- of the Conference Report because it farmers who grow the majority of crops petitive grants in fiscal year 2001 to as- represents a fundamental shift in farm in my state do not qualify for crop in- sist producers in establishing these policy in its recognition of the impor- surance, the NAP program is the only types of business ventures. tance of agriculture in the Northeast. assistance my farmers can rely on Because flooding remains an obstacle Historically, New Jersey farmers when their crops are decimated, as dur- to crop production in many parts of have been at a disadvantage when it ing last summer’s drought. Under cur- South Dakota, I am pleased to support comes to crop insurance for two prin- rent law, losses in the region where a the $24 million in the conference report ciple reasons. First, many of the spe- farmer grows must be extensive before for the Flooded Lands Compensation cialty crops they grow are not eligible a single farmer is eligible for NAP re- Program. for insurance. And second, because our lief. The Conference Report removes I am also pleased this legislation of- region has a history of non-participa- this ‘‘area trigger’’ and ensures that fers honey producers in South Dakota tion, many farmers fail to investigate farmers not eligible for crop insurance and across the nation a recourse loan what options they may be eligible for. receive protection in times of hardship, program to help provide a safety net They simply assume that they are not regardless of whether they are the only and price support in order to market eligible or that the programs are not farmer who suffered. their product. economically worthwhile. The Conference Report also addresses Finally, I am pleased the conference Without crop insurance, farmers in the needs of states like New Jersey by committee included provisions from my region will not be able to continue including additional provisions to de- my legislation—S. 2056, The Emergency farming, they will be forced out of a velop broad specialty crop policies. Commodity Distribution Act of 2000— way of life, they will be forced to sell These policies are designed to protect which restores funding to USDA in their land. New Jersey may be the best farmers who grow ‘‘specialty crops’’, order to procure commodities for the example of what can happen when we fruits and vegetables which constitute School Lunch Program over a nine do not protect our farmers. In 1959, many of the crops grown in the North- year period. New Jersey had 15,800 farms. Today we east. By focusing on specialty crop Last year, Congress enacted the have 9,400. In 1959, New Jersey had product development, the bill truly ad- Ticket to Work and Work Incentives 1,460,000 acres of farmland. Today we dresses the needs of farmers in all re- Improvement Act. A provision of this have but 800,000. gions throughout the country. Because legislation amended the School Lunch The current Federal Crop Insurance of these provisions, I will support the Act to require USDA to count the program has failed to curb the losses bill and will urge my other Northeast value of ‘‘bonus’’ commodities when it which farmers have experienced and colleagues to do the same. determines the total amount of com- has forced them to sell their land and However, I am extremely concerned modity assistance provided to schools. their livelihood. It has facilitated the that the $7.1 billion in emergency farm This change will result in a $500 mil- end of a way of life in New Jersey. aid included in this bill essentially pro- lion budget cut for the School Lunch When the Senate passed its version of vides no relief to our region. The ma- Program over a nine-year period with- the crop insurance reform bill, it jority of this funding will be distrib- out congressional action this year. adopted the so-called ‘‘Northeast uted in AMTA payments to farmers in While not large in overall budget Amendment’’ drafted by myself, Sen- the Midwest and South who grow com- terms, this cut will have an immediate ator SCHUMER, LEAHY, REED, ROCKE- modity crops such as corn, soybeans, impact that is especially severe in FELLER and others. The amendment and wheat. It will not help the spe- school districts more dependent on the has been almost entirely preserved in cialty crop farmers in New Jersey or program. the Conference Report. The amend- anywhere else in the Northeast. This is My legislation would ensure that ment is targeted at increasing partici- unfortunate, considering that the schools receive the full value of enti- pation in states in which there is tradi- farmers in my state are still suffering tlement commodity assistance, and tionally, and continues to be, a low from last summer’s drought. allow the School Lunch Program to level of crop insurance participation The Senate will soon have another continue to meet its dual purpose of and availability. opportunity to provide this desperately supporting American agriculture while The conference report provides $50 needed relief when it considers the Ag- providing nutritious food to children million over five years for research to riculture Appropriations bill after Me- across the country. While the provision create new crop insurance policies. The morial Day. As written, this bill in- included in today’s legislation provides goal is to develop new programs tai- cludes additional aid for dairy farmers, $34 million in fiscal year 2000 and $76 lored to the crops in our region so that livestock and peanut farmers. But it million in fiscal year 2001, it does not our farmers will find it economically still fails to address the situation faced restore the entire $500 million over the worthwhile. by small family farmers throughout nine-year period. However, I am great- An additional $25 million over five the Northeast. During consideration of ly pleased the conferees agreed to in- years for education programs designed that bill, I plan on offering an amend- clude part of my legislation in the con- to inform farmers of the current crop ment with my colleagues from the ference report as this represents a step insurance options available to them. Northeast that will provide some relief in the right direction. This would include hiring more agents for the specialty crop farmers in our
VerDate Mar 15 2010 23:34 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\2000SENATE\S25MY0.REC S25MY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 25, 2000 CONGRESSIONAL RECORD — SENATE S4437 region. I hope at the time we will enjoy The Agriculture Marketing Equity what AMI’s Washington lobbyists were the support of the other regions of the Capital Fund will provide $10 million doing, but I sure hope to inform every country who so generously are benefit- to establish grants for developing new member, through one medium or an- ting from the emergency aid included value-added agricultural markets for other, what happened and why inde- in this crop insurance bill. independent producers. This fund will pendent producers won’t have the funds Again, I want to thank Senators assist agricultural producers by pro- to reach out to processors in joint ven- KERREY, ROBERTS, DASCHLE, HARKIN viding grants for ventures to capture a tures and receive working capital to and LEAHY for their willingness to greater share of the consumer food dol- help everyone survive and thrive. work with us during this process. lar. One last point, if you thought I was Mr. GRASSLEY. Mr. President, I rise It is my hope that the fund will help pushing hard for my agri-industry con- today to commend many of my col- independent grain and livestock pro- centration legislation before, hold on leagues who were instrumental in the ducers find real solutions to address to your seat. development of this legislation. The the loss of competition in agricultural Regardless of my disappointment in conference report before us today rep- markets, to combat concentration in industry’s effort to kill my provision, resents new opportunities for family food production and processing, and on the whole, this bill includes a bold farmers through a reformed crop insur- create new value-added business oppor- new approach that will help create a ance program and short term assist- tunities for groups like: brighter future for family farmers and ance in the form of an additional eco- The Iowa Cattlemen, who are devel- their rural communities. nomic relief payment equivalent to the oping a regional ‘‘grid’’ of producers to Mr. President, in summation I want levels established last year. supply cattle to a proposed harvest fa- to thank my colleagues on the Ag Com- The conference report before us cility being developed with the co- mittee who worked hard to develop today provides Congress with an oppor- operation of one of the nation’s largest this package. This bill is good for Iowa tunity to assist farmers during this processors; and good for agriculture and the family time of need. My friends and neighbors Heartland Grain Fuels, a group of farmer nationwide. I look forward to just came off a year in which they lost grain producers who have banded to- sending it to the President and for the tremendous amounts of equity due to gether in Huron, South Dakota to de- President to sign it quickly so that we commodity prices hitting twenty year velop an ethanol facility; may provide family farmers with the lows. If we would not have provided an Iowa Premium Pork, a group of 1,400 tools they need to be successful in to- economic relief payment last year we pork producers across my home state day’s marketplace. Mrs. LINCOLN. Mr. President, today would have lost many more family which have joined together in a cooper- we are considering the conference re- farmers. ative venture to market their hogs; port on the crop insurance reform bill. What does a strong agricultural econ- Sunrise Energy, an ethanol plant in omy mean for my home state of Iowa? I believe this bill makes fundamental Blairstown, Iowa; The agricultural industry contributes a The 21st Century Group, independent changes to the existing Federal Crop Insurance Program that are necessary total of around $70 billion and 446,000 dairy producers from Kansas; jobs in Iowa. Therefore, when things Pork America, a national coopera- to make crop insurance more workable are in bad shape down on the farm, all tive of independent pork producers; and and affordable for producers across the Iowans feel the negative economic ef- The New Jersey Farm Bureau, which country and I urge its passage. Congress has been attempting to fects. recently commissioned a study to de- While commodity prices have im- eliminate the ad hoc disaster program termine the feasibility of ethanol pro- proved slightly from last year, margins for years because it is not the most ef- duction and held a meeting at which are still tight. We promised our con- ficient way of helping our farmers who 300 New Jersey farmers attended due to stituents a smooth transition from the suffer yield losses. Due to the Ag eco- their interest in value-added opportu- failed, government-dominated farm nomic crisis, there has been much dis- policies of the last 63 year period prior nities. cussion lately on the issue of the ‘‘safe- An informal poll by my office found to 1996. We must follow through on ty net’’ for our nation’s producers. On hundreds of millions of dollars in pos- that promise, and this legislation helps that point I would like to be perfectly us fulfill that goal. sible requests for this type of program. clear. Crop insurance is a risk manage- This bill provides tremendous oppor- The reason for this is that family farm- ment tool to help producers guard tunities for farmers. The Crop Insur- ers cannot compete with an industry against yield loss. It was not created ance title helps farmers utilize addi- that has billions of dollars in equity and was never intended to be the end- tional risk management activities. and capital resources and which seems all be-all solution for the income needs Farmers can increase their individual to be willing to use this advantage to of our nation’s producers. coverage levels thanks to better pre- kill any producer driven competition. Last year, Senator COCHRAN and I in- mium subsidies. And for the first time, Industry’s aggressive stance toward troduced a comprehensive bill that ad- pilot programs will be available to de- competition from farmers made it im- dressed what we saw as the various re- termine how livestock producers can be possible for me to provide more money form needs of the crop insurance pro- included as an insurable commodity. for independent producers. In fact, the gram. I also want to thank the members of American Meat Institute, which is the I am pleased that many of these pro- the Senate Budget Committee in sup- political muscle behind 70 percent of visions are included in the conference porting my efforts earlier this year in the packers and processors in the US, report that we are considering here crafting a budget resolution which set fought against this provision tooth and today. This bill establishes a process aside over $15 billion to help farmers. nail. for re-evaluating crop insurance rates The bill before us today would not have When I found out that AMI was op- for all crops and for lowering those been possible otherwise. The Budget posing my efforts to help farmers I rates if warranted. After pressure from Committee’s work and cooperation al- knew that I must be doing something Congress and the National Cotton lowed the Agriculture Committee to right. I just want the leadership of AMI Council last year, RMA reduced rates supply farmers with the funds nec- to know that I was very aware of his ef- by as much as 50 percent for cotton in essary for the smooth transition farm- forts and I hope that AMI’s successful Arkansas and the Mid-South. The pro- ers deserve by providing what is viewed opposition to my request for $35 mil- vision included in today’s bill will re- as an additional AMTA payment at lion to help America’s family farmers quire further review of all Southern 1999 levels. was worth it to them. commodities. The package also includes $500 mil- I plan to publish AMI’s membership By making the crop insurance pro- lion for oilseeds, $7 million to cover in the record and I hope that every gram more affordable, additional pro- pseudorabies vaccination costs in- independent producer in the nation ducers will be encouraged to partici- curred by pork producers, and $15 mil- takes a good look at who is trying to pate in the program and protect them- lion for what I have termed the Agri- limit value-added opportunities for selves against the unforeseeable fac- cultural Marketing Equity Capital family farmers. I’m not saying that tors that will be working against them Fund. every processor or packer knew exactly once they put a crop into the ground.
VerDate Mar 15 2010 23:34 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\2000SENATE\S25MY0.REC S25MY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4438 CONGRESSIONAL RECORD — SENATE May 25, 2000 The bill also provides for an en- fraud and enhances the penalties avail- Crop insurance reform is not the only hanced subsidy structure so that pro- able to USDA for companies, agents thing included in this legislation, how- ducers are encouraged to buy-up from and producers who engage in fraudu- ever. $7.1 billion has been included to their current level of coverage. The lent activities. address the ongoing crisis in the agri- structure included in this bill will There is simply no room for bad ac- cultural community due to depressed make the step from catastrophic cov- tors that recklessly cost the taxpayers market prices. I am pleased that Con- erage to buy-up easier for producers money. gress is acting more promptly this year and will make obtaining the highest Mr. President, I was prepared during to address the needs of our nation’s level of coverage easier for those who our Committee markup earlier this producers. Numerous farmers in my are already participating in the crop year to offer an amendment related to home state of Arkansas have indicated insurance program. a cooperative’s role in the delivery of that the additional assistance we pro- In an attempt to improve the record crop insurance. vided over the last two years is the keeping process within USDA, this leg- I held off at that time due to con- only reason their operations are still islation requires that FSA and RMA cerns from the Committee related to afloat today. While some commodities coordinate their record keeping activi- possible ‘‘rebating’’ ramifications and have seen a slight rebound, prices ties. Current USDA record keeping, preemption of state law, but in work- across the board are still too low to split between FSA and RMA, is redun- ing with RMA and Senators KERREY meet the increasing costs of production dant and insufficient. By including and GRASSLEY, we were able to craft an on our nation’s farms. both crop insurance program partici- amendment that clarifies the role of Congress has to provide these ‘‘add pants and non-program participants in cooperatives in the crop insurance pro- on’’ payments to producers because the the process, we hope to enhance the ag- gram. current farm bill does not provide an ricultural data held by the agency and I am pleased that the conferees in- adequate safety net when commodity make acreage and yield reporting less cluded this amendment in the final markets head south. I voted against the 1996 Farm Bill because I feared that of a hassle for already overburdened version of the bill. we would find ourselves in the exact producers. This amendment does nothing to pre- In addition, this bill establishes a empt state law or even change current position we do today, with one bailout role for consultation with state FSA federal law. It simply provides that after another. I introduced a bill earlier this year committees in the introduction of new current approved business practices be that would make reforms to the exist- coverage to a state. The need for this maintained. With the inclusion of my ing marketing loan program. An en- provision was made abundantly clear amendment Congress is recognizing the valuable role cooperatives play in the hanced marketing loan program would to Arkansas’ rice producers this spring. provide additional assistance to our na- crop insurance program, specifically, A private insurance policy was offered tion’s producers without going through encouraging producer participation in to farmers at one rate, only to have the this annual ‘‘horse trading’’ over bil- the crop insurance program, improving company reduce the rate once the lions of dollars trying to determine the delivery system for crop insurance, amount of potential exposure was real- who we are going to help. Farmers and helping to develop new and im- ized. would be able to know at the beginning proved insurance products. In my discussions with various ex- of the growing season what to expect My amendment requires the Risk ecutives from the company on this from the government with regards to Management Agency to finalize regula- issue it became apparent that their economic assistance instead of having tions that would incorporate the cur- knowledge of the rice industry was to cross their fingers and hope Con- rently approved business practices of fairly minimal. Had they consulted gress comes through. with local FSA committees who had a cooperatives participating in the crop We are coming near the end of the working knowledge of the rice industry insurance program and to do so within life of the ‘‘Freedom to Farm’’ bill and before introduction of the policy, the 180 days of enactment of this Act. as we begin discussions on what the train wreck that occurred might have If farmer owned entities are not al- next farm bill should look like I hope been stopped in its tracks. lowed to sell crop insurance, then any- my colleagues will see the importance I am pleased that another reform one can sell crop insurance in America of providing an adequate safety net to measure that I worked on has been in- except an American farmer. Such a our nation’s farms. cluded to help rice producers suffering legal result would give the appearance We must adequately support those losses caused by drought. Recent that crop insurance is designed for a who are supplying our nation, and droughts have left many Arkansas closed club to exploit farmers. many others, with safe, affordable food. farmers with low reservoirs and deplet- That appearance would inhibit broad- Do not misread my remarks, I am ing aquifers. If rains do not replenish er use of crop insurance. I do not be- pleased that Congress has acted them, an adequate irrigation supply lieve that such a result is the intent of promptly to address the needs of the may not exist by summer. those who have put so much effort into agricultural community this year. I In addition, drought conditions in improving the crop insurance program. simply feel that there is a better way Louisiana have caused salt to intrude Mr. President, I would personally to approach our nation’s agricultural into the water supply used for irriga- like to thank all staff members of the policy. I hope my colleagues will agree tion on many farms. Current law states Committee and industry representa- and work to provide a better farm bill that rice is excluded from drought poli- tives that have helped with this effort. in the future. cies because it is irrigated. This is not I would particularly like to thank INSPECTION SCAM equitable since rice producers do suffer Louie Perry of the National Cotton Mr. CRAIG. Mr. Chairman, I want to losses due to drought. Council for his tireless efforts to make briefly raise an issue that is of the ut- I have worked with Senators BREAUX crop insurance more effective for cot- most importance to produce growers and LANDRIEU to provide these policies ton and other southern commodities. and shippers throughout every region for our rice producers who are experi- Mr. President, Arkansas farmers in the United States and of great con- encing reduced irrigation opportunities have told me time and time again that cern to me and several other of my col- due to the severe drought conditions crop insurance just isn’t affordable for leagues in both the House and Senate. that have plagued the South for the the amount of coverage they receive. On October 27, 1999, eight Depart- last two years. I am pleased that this As the program currently exists, it ment of Agriculture (USDA) fruit and provision has been included in the bill. does not make sound business sense to vegetable inspectors stationed at the Many of the problems associated purchase crop insurance in our state. Hunts Point Terminal Market in the with the crop insurance program have Since this reform process began, I’ve Bronx, NY, were arrested and charged been addressed in previous reform been working to correct this inequity. with accepting bribes for downgrading measures. However, fraud and abuses I hope that the changes we make today loads of produce so that receivers could are still present to some degree. will lead to a crop insurance program negotiate lower prices with shippers. This bill strengthens the monitoring that is equitable, affordable and effec- This week, I understand those inspec- of agents and adjusters to combat tive. tors were sentenced for their illegal
VerDate Mar 15 2010 23:34 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\2000SENATE\S25MY0.REC S25MY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 25, 2000 CONGRESSIONAL RECORD — SENATE S4439 and fraudulent scam at the Hunts scale to higher-income families. Sec- suming, resulting in waiting periods of Point Terminal Market in the Bronx, tion 243(b)(2) requires that a minimum several months or, in some cases, more New York. number of site visits to day care cen- than a year for payment. While these guilty inspectors are ters, homes, and sponsors be con- Giving the Secretary of Agriculture being held accountable through our ducted. The amendment recognizes broader discretion over delivery of legal system for their actions, the eco- that the Secretary can strengthen this NAP program funds will streamline the nomic damages to the produce industry measure by requiring more than the approval process and make direct as- remain unaddressed. Moreover, to my minimum numbers called for in the sistance available to thousands of knowledge, those individuals with di- amendment. farmers whose substantial losses do not rect oversight responsibility within the Mr. REED. Mr. President, I rise to meet NAP criteria under the current United States Department of Agri- express my support for the conference area trigger. culture (USDA) have not acknowledged report on H.R. 2559, the Agricultural I am also pleased that the bill in- to the Congress how their oversight ac- Risk Protection Act of 2000. This con- cludes $50 million for the Secretary of tivities failed, why the Department dis- ference report has two major compo- Agriculture to provide cost-share as- counted complaints by the industry nents: a crop insurance reform bill and sistance to farmers in states with low over the past several years, the number a major farm relief package. I want to historical participation in traditional of inspections that are connected with comment briefly on each of these. crop insurance programs. These funds the guilty USDA produce inspectors or I support the crop insurance reform will be targeted to farmers who pursue even an estimate of the damages in- bill because it will increase premium innovative conservation and risk man- curred by produce growers and ship- subsidies for farmers who buy more agement techniques, including: pers. This is unacceptable and USDA comprehensive coverage and support streambank repairs and reconstruc- must act expeditiously to restore con- research of new crop insurance policies tion; integrated pest management fidence and integrity in the federal in- for currently non-insurable specialty tools; construction or improvement of spection system for the produce indus- crops that are important in Rhode Is- watershed management structures; transition to organic farming, particu- try. land and other states in the Northeast. larly among dairy farmers; and futures, If injured parties are not justly com- It is an important step forward in a hedging or options contracts to help re- pensated through the legal process, we long-term bipartisan effort to encour- must ensure that every appropriate ac- duce production, price or revenue risks. age farmers across the country to ob- Substantial funds are also included tion is taken by the Congress to ensure tain more crop insurance coverage and for crop insurance education and infor- the losses that occurred as a result of reduce income losses due to natural mation programs for states with low this scam are returned to injured par- disasters. I was disappointed that the levels of federal crop insurance partici- ties. Based on similar cases where fines Senate bill’s risk management pilot pation and availability. Combining ex- paid by guilty parties have gone di- project was dropped in conference with panded outreach programs like these rectly to the federal Treasury, it is the House. The pilot project would with increased research into new poli- very doubtful that growers or shippers have allowed farmers to choose be- cies for specialty crops is the best way injured will see any of the funding tween traditional crop insurance and a to get more farmers into the program owed to them as a result of this unfor- direct payment for adopting new risk and hopefully reduce the need for farm tunate scam. I am certainly committed management practices such as farm di- disaster legislation. to working with the industry on this versification, futures contracts and op- With regard to the farm relief compo- critical issue and urge both the Senate tions, creation of conservation buffers, nent of the conference report before us and House Agriculture Committees to soil erosion control, and irrigation today, I am disappointed that the en- take immediate action as soon as pos- management. I believe we should con- tire $5.5 billion of the package’s FY2000 sible to move forward with a full inves- tinue to explore ways to offer increased funds, fully 77% of the $7.1 billion pro- tigation of this matter. income to farmers for whom crop in- vided in this farm assistance package, Mr. LUGAR. I appreciate the re- surance has not worked well, while en- consists of additional AMTA or ‘‘Free- marks by my colleague from Idaho, couraging producers to adopt new risk dom to Farm’’ payments. Only a very Senator CRAIG. I agree that the Senate management strategies that are good small proportion of farmers in my Agriculture Committee should review for the environment. state and in other Northeastern states how these growers can recover their I am pleased that this crop insurance will benefit from these payments. economic losses resulting from illegal bill removes the ‘‘area trigger’’ for the Meanwhile, additional AMTA pay- actions by federal employees. The De- Non-insured Crop Disaster Assistance ments will be made to many other partment of Agriculture has oversight Program, also known as NAP. I believe farmers regardless of whether they responsibility for the actions that may broader NAP eligibility is one of the have experienced substantial losses have resulted in millions of dollars of most effective ways to assist farmers during the current crop year. losses to these growers. This matter in the eastern United States who face I and many of my colleagues from should be fully explored and resolved. severe production losses due to the Northeast and Mid-Atlantic op- As part of committee review, I will drought, floods, or other disasters. posed the farm disaster bill passed by continue to receive reports from the of- Currently, NAP crops are eligible for the Senate last year because it did not fice of the Inspector General. It is im- assistance when: (1) expected ‘‘Area provide adequate relief to farmers in portant that this industry regain con- Yield’’ for the crop is reduced by more our region who were hit by the terrible fidence in the inspection system that than 35 percent because of natural dis- drought conditions of 1999. The Na- they use. aster; and (2) individual crop losses are tional Oceanic and Atmospheric Ad- Mr. President, two provisions of the in excess of 50 percent of the individ- ministration (NOAA) found that four conference agreement warrant some ual’s approved yield, or the producer is states in the Northeast, including clarification as to how they should be prevented from planting more than 35 Rhode Island, New Jersey, Maryland, carried out. Section 243(g) allows a percent of the acreage intended for the and Delaware, experienced the driest third State to expand coverage of the eligible crop. growing season in their histories. From Child and Adult Care Food Program to These criteria have proven to be un- April through July, Rhode Island was additional for-profit child care centers workable in many eastern states, both the driest it has been in 105 years of serving lower-income children. It in terms of program accessibility and record-keeping by NOAA’s National should be clear to the Secretary in im- timeliness of payments. For individual Climatic Data Center. plementing this amendment that the growers of specialty crops, typically Forecasters at the National Weather additional State must meet the cri- grown on small acreage, a loss of as lit- Service are predicting continued teria for approval at the time of enact- tle as 20 percent can be devastating, es- drought conditions this year, because ment and is one that exempts all of its pecially given the high per-acre value we are starting out with a deficit of lower-income families from child care of these crops. Moreover, the process of rainfall and, even with the snowstorms cost-sharing requirements, while al- verifying area yield reductions is cum- of January, winter precipitation was lowing fees to be charged on a sliding bersome and exceedingly time-con- 3.5 inches below normal for our region.
VerDate Mar 15 2010 23:34 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\2000SENATE\S25MY0.REC S25MY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4440 CONGRESSIONAL RECORD — SENATE May 25, 2000 Fortunately, the removal of the NAP 2000 Outlays ...... 5,500,000,000 First, by including the relief alloca- area trigger I described earlier will 2001 Budget Authority ...... 1,639,000,000 tion in the Budget resolution, the help if disaster strikes again this year. 2001 Outlays ...... 1,493,000,000 Budget Committee allowed Congress to In addition, the farm relief package in- 2001–2005 Budget Authority 1,608,000,000 avoid the rancorous fight over emer- 2001–2005 Outlays ...... 1,619,000,000 cludes $200 million for purchases of spe- gency spending authorization that has cialty crops for low prices in 1998 and Revised allocation to Senate plagued us in the past two years. 1999, including apples, cranberries, Agriculture Committee Second, in contrast to the previous black-eyed peas, cherries, citrus, on- 2000 Budget Authority ...... 16,343,000,000 two years, this year the Agriculture ions, melons, peaches, and potatoes. 2000 Outlays ...... 13,440,000,000 Committee was made the arbiter of Manager language is included to direct 2001 Budget Authority ...... 15,893,000,000 how the funding would be allocated. 2001 Outlays ...... 12,035,000,000 the Secretary of Agriculture, to the ex- 2001–2005 Budget Authority 62,980,000,000 This should have resulted in hearings tent practicable, to purchase directly 2001–2005 Outlays ...... 45,364,000,000 and the kind of substantive, construc- from farmers or agricultural co-ops. tive debate that yields good policy. Another $5 million is provided by the Mr. DASCHLE. Mr. President, today Third, Congress was given a deadline farm relief package for apple producers we address two issues vital to our Na- of June 29 by which to determine how that are suffering economic loss as a tion’s farmers and ranchers: the need to spend this money, which provided result of low prices. $35 million is pro- to reform the Federal Crop Insurance more than adequate time for such a de- vided for Loan Deficiency Payments Program, and the need for financial re- bate to occur. for non-AMTA farms for the 2000 crop lief to help producers deal with the Despite all of these advantages, here year, and $50 million is provided for the third year in a row of low prices. we are, a month early, with a bill pro- Farmland Protection Program and the I support this Crop Insurance con- duced in the very same way as the two Environmental Quality Incentives Pro- ference report, and I will vote for it. emergency relief bills that preceded gram, both of which are important to But I must also express my deep con- it—behind closed doors, without the my state and the Northeastern region cerns about the farm relief provisions free and open exchange of ideas, and of the country. Finally, the farm relief of the bill. without the opportunity for amend- package requires the Department of Half of this bill represents Congress ments by members on behalf of their Agriculture to purchase specialty crop at its best. constituents. farm products for the school lunch pro- Last year Congress was given a man- So, we are left with farm relief that gram, again with manager language in- date to improve the federal crop insur- I and many of my colleagues believe is cluded to direct the Secretary, to the ance program—both by the strength of deeply flawed. Once again, our assist- extent practicable, to purchase di- public support for reform, and by the ance fails to target family farmers. rectly from farmers or agricultural co- Budget Committee’s allocation of $6 Once again, it wastes public dollars ops. billion last year and $8 billion this year on the biggest operators, who have lit- With the passage of this legislation expressly to implement that reform. tle or no need for emergency relief. we will give farmers the tools they Half of this bill responds to that call, Once again, it wastes public dollars need to manage their risk more effec- and offers increased benefits to farm- on some people who do not farm at all. tively, and possibly reduce the need for ers. Those benefits are well-conceived, Most importantly—once again—it Congress to pass massive farm disaster and they are equitable. fails to meet critical needs in farm packages year after year. At the same The program invests public resources country. time, I believe we are beginning to rec- in a system that effectively leverages With over $7 billion at our disposal, ognize the contributions and needs of funds in the private sector, and empow- Agriculture Committee jurisdiction, farmers in every region of the country, ers producers to use their own best and time for debate, not one hearing farmers who not only feed the world judgment in managing their production has been held to assess the scope of but preserve a way of life that makes risk. need. our Nation stronger and protects our I want to thank my colleagues and A flawed process has produced a precious open spaces from the en- their staffs, who have dedicated long flawed bill. But because farmers and croachment of development and urban hours over the past year, for their ex- ranchers are in need of relief, I intend sprawl. cellent work in reforming this vital to vote for the conference report. I urge my colleagues to support the program. For the third year in a row, I urge conference report to accompany the However, I believe that the other half my colleagues to acknowledge the fail- Agricultural Risk Protection Act of of this bill represents a low moment for ures of current farm policy, and come 2000. Congress. together to change it. SUBMITTING CHANGES TO H. CON. RES. 290 The other half of this bill represents, We need policies that better address PURSUANT TO SECTION 216 for the third year in a row, Congress’ the interests of family farmers and Mr. DOMENICI. Mr. President, sec- stubborn refusal to address another ranchers. tion 216 of H. Con. Res. 290 (the FY2001 significant risk of farming: price risk. In addition to crop insurance, fair Budget Resolution) permits the chair- Across the country, and for numerous trade, and competitive opportunities man of the Senate Budget Committee commodities, poor prices have dogged for all producers, farmers and ranchers to make adjustments to the allocation producers for three years now. must have an income safety-net that of budget authority and outlays to the The $7.1 billion in this bill that will can offset severe price fluctuations, Senate Committee on Agriculture, pro- go to producers as ad hoc emergency and that can help manage uncertain- vided certain conditions are met. relief is critically needed in the coun- ties in the marketplace. Pursuant to section 216, I hereby sub- tryside. We should be providing re- Such policies are critical to long- mit the following revisions to H. Con. sources to struggling farmers and term survival in an industry in which Res. 290: ranchers. the majority of producers operate on But I am deeply disappointed with margins of less than 5 percent. Current allocation to Senate the way the funds are distributed. I believe there is a lot we can agree Agriculture Committee Clearly, it would have been impos- on. Fiscal year: sible to perfectly match resources to And by working together, in the spir- 2000 Budget Authority ...... $10,843,000,000 need—particularly under the time con- it of the crop insurance portion of this 2000 Outlays ...... 7,940,000,000 straints we face. bill, I am certain that there is a lot we 2001 Budget Authority ...... 14,254,000,000 But we could have done better than can accomplish. 2001 Outlays ...... 10,542,000,000 this. Mr. KOHL. Mr. President, I rise 2001–2005 Budget Authority 61,372,000,000 This year could have been different today in support of the conference re- 2001–2005 Outlays ...... 43,745,000,000 than the past two years. Producers port on the Agricultural Risk Protec- Adjustments pleaded with Congress to make it dif- tion Act of 2000. Farmers in Wisconsin Fiscal year: ferent, and it should have been dif- and all across the country need im- 2000 Budget Authority ...... 5,500,000,000 ferent. proved risk management products to
VerDate Mar 15 2010 23:34 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\2000SENATE\S25MY0.REC S25MY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 25, 2000 CONGRESSIONAL RECORD — SENATE S4441 help them guard against adverse pear, at least to the ranking member Thompson Torricelli Wellstone weather and market conditions. I also and myself, to be no visible opposition. Thurmond Warner Wyden want to express my thanks to Chair- Mr. SCHUMER. Will the Senator NAYS—4 man LUGAR, Senator HARKIN, and other yield? Kyl McCain members of the Agriculture Committee Mr. LUGAR. Yes. Mack Nickles for including in this conference report Mr. SCHUMER. I have no problem NOT VOTING—5 expansion of a dairy options pilot pro- with yielding time. I have to go to my Dodd Inouye Voinovich gram that will help dairy farmers daughter’s recital. If I can speak after Gregg Murkowski achieve similar levels of protection af- the vote for 5 minutes, I would appre- The conference report was agreed to. forded other agricultural producers. ciate that. Mr. LUGAR. Mr. President, I move to I also want to mention the fact that Mr. LUGAR. We have been trying to reconsider the vote and I move to table this conference report includes $7.1 bil- accommodate our side. They were that. lion in additional assistance to farmers aware we might have another hour of The motion to lay on the table was and ranchers this year and in 2001. This debate, but in the event that the dis- agreed to. level of spending was made possible due tinguished Senator from Iowa and the The PRESIDING OFFICER. The Sen- to a budget reserve included in the fis- Senator from Minnesota are prepared ator from Indiana. cal year 2001 budget resolution which to yield back all time, I would be pre- Mr. LUGAR. Mr. President, I want to provided an additional $5.5 billion in pared to do that. take just 1 minute to thank the staffs mandatory spending to the Agriculture Mr. TORRICELLI. If the Senator will who have made this event possible. Committee in fiscal year 2000 and an From my own staff: The chief of staff additional $1.6 billion in fiscal year yield, I would like to comment for the RECORD, also. Keith Luse, Dave Johnson, Terry 2001. The budget resolution specified Nintemann, Andy Morton, Michael that these funds were to be made avail- Mr. WELLSTONE. Mr. President, I yield back my time. Knipe, Carol Dubard, Bob White, able to assistance producers of program Danny Spellacy, Jeff Burnam, Marcia Mr. HARKIN. I yield back my time. and special crops. Senator DOMENICI, Asquith, and Bob Sturm; Mr. LUGAR. Mr. President, I yield chairman of the Senate Budget Com- From Senator HARKIN’s staff, who mittee, made reference to the action back the time yielded to me. worked with us so well: Mark Halver- taken by both the Budget and Agri- The ACTING PRESIDENT pro tem- son and Stephanie Mercier; culture Committees in providing for pore. The question is on agreeing to From Senator ROBERTS’ staff: Mike this budgeted approach to meeting the the conference report. Seyfert; needs of America’s farmers. Mr. LUGAR. Mr. President, I ask for From Senator COCHRAN’s staff: Hunt I want to take this opportunity to the yeas and nays. Shipman; mention additional assistance for The ACTING PRESIDENT pro tem- From Senator HELMS’ staff: George farmers provided in the pending Agri- pore. Is there a sufficient second? Holding and Brian Meyers; culture appropriations bill which in- There is a sufficient second. From Senator COVERDELL’s staff: cludes, among other items, emergency The clerk will call the roll. Richard Gupton and Alex Albert; spending for America’s dairy farmers. The legislative clerk called the roll. From Senator KERREY’s staff: Bev Senators will note that within the ad- Mr. NICKLES. I announce that the Paul; ditional $7.1 billion included in the Ag- Senator from New Hampshire (Mr. From Senator LEAHY’s staff: Ed Bar- ricultural Risk Protection Act of 2000, GREGG), the Senator from Alaska (Mr. ron and Melody Burkins; no funds are provided for dairy farmers MURKOWSKI), amd the Senator from From Senator CONRAD’s staff: Scott who are now suffering from the great- Ohio (Mr. VOINOVICH) are necessarily Carlson; est price collapse in history. Dairy absent. From the Legislative Counsel’s staff: farmers in Wisconsin, in Vermont, in Mr. REID. I announce that the Sen- Gary Endicott and Greg Kostka; the South, in the West, in all parts of And from the House Agriculture ator from Connecticut (Mr. DODD) and the nation are suffering terribly from staffs, who worked for 3 weeks continu- the Senator from Hawaii (Mr. INOUYE) ously with our Senate staff: Bill this dire emergency and it is proper are necessarily absent. that the Congress take action, as we O’Conner, chief of that staff; Tom Sell; The ACTING PRESIDENT pro tem- have, to meet this situation. Vernie Hubert; and Chip Conley. pore. Are there any other Senators in I mention this in order to remind my I thank again the distinguished rank- the Chamber desiring to vote? colleagues that we will shortly be con- ing member. sidering the Agriculture appropriations The result was announced—yeas 91, I earlier mentioned especially Sen- bill on the Senate Floor and I ask for nays 4, as follows:–– ator ROBERTS and Senator KERREY as the support of all Senators in our ef- [Rollcall Vote No. 115 Leg.] authors of an excellent crop insurance forts to help America’s dairy farmers. I YEAS—91 legislation bill, and Senator CRAIG who would also note that to those who may Abraham Dorgan Leahy has offered titles IV and V. I thank the be confusing the funding provided in Akaka Durbin Levin majority leader, Senator LOTT, and mi- our bill with the amount provided in Allard Edwards Lieberman nority leader, Senator DASCHLE, for ex- Ashcroft Enzi the budget resolution, that dairy pro- Lincoln pediting our having this opportunity. Baucus Feingold Lott ducers were not included in the de- Bayh Feinstein Lugar Finally, I thank all Senators for a de- scription of agricultural producers to Bennett Fitzgerald McConnell cisive vote on what I believe is signifi- Biden Frist Mikulski cant legislation for America’s farmers. receive assistance though the agricul- Bingaman Gorton Moynihan tural budget reserve directed to the au- Bond Graham Mr. HARKIN. Mr. President, I join Murray Boxer Gramm with my distinguished chairman, thorizing committee. The emergency Reed funding for dairy farmers is separate Breaux Grams thanking all the staff who worked so Brownback Grassley Reid from the actions taken in the bill now Bryan Hagel Robb hard on this and hammered out all the before the Senate, is indeed an emer- Bunning Harkin Roberts agreements over a long period of time gency, and the action taken by the Ap- Burns Hatch Rockefeller on both sides of the aisle. All the Mem- Byrd Helms Roth bers of our committee and their staffs propriations Committee in this regard Campbell Hollings Santorum is proper and must go forward. Chafee, L. Hutchinson Sarbanes did a great job. I join our distinguished Mr. LUGAR. Mr. President, our col- Cleland Hutchison Schumer chairman in thanking them. leagues have suggested that if Senators Cochran Inhofe Sessions Let me also thank our chairman, our Collins Jeffords are amenable to yielding back time, at Shelby leader, Senator LUGAR, for his persist- Conrad Johnson Smith (NH) least in this instance, we might pro- Coverdell Kennedy Smith (OR) ence and doggedness in getting this bill 1 ceed to a vote, with the understanding Craig Kerrey Snowe through. I think it has been at least 1 ⁄2 that provision might be made for addi- Crapo Kerry Specter years, if I am not mistaken, since we Daschle Kohl Stevens tional time for comments by Senators DeWine Landrieu started on this road. It has had a lot of Thomas on this legislation. There would ap- Domenici Lautenberg twists and turns and ups and downs.
VerDate Mar 15 2010 23:34 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\2000SENATE\S25MY0.REC S25MY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4442 CONGRESSIONAL RECORD — SENATE May 25, 2000 Senator LUGAR stayed in there. He that format. I thank the experts who culture sector and thereby lessen the knew how important this bill was to told us this is a pretty good package, need for future agriculture subsidies. our farmers. It is a great bill. It is one and we provided for it in advance. It Most farmers and ranchers I know that is really going to help our farmers turned out to be a pretty good dollar want to and will produce for the mar- manage their risks. number that provides a rather substan- ket given a chance. They do not want I again compliment him and thank tial amount of relief. and should not want to ‘‘farm’’ govern- him for his leadership but also for In addition, we have had budgeted for ment subsidies. being so kind and generous, to always quite sometime money for crop insur- The PRESIDING OFFICER. The Sen- work with me and be open and above- ance. It has been languishing until ator from New York. board. I have never had an instance now. It is high time a solution to that Mr. SCHUMER. I thank the Chair. where I thought in any way that my has been tailored, and now they are to- Mr. President, I thank Senator LUGAR, chairman was ever keeping anything gether. There is $7.1 billion of emer- Senator HARKIN, and all the conferees hidden, going behind the door or any- gency assistance, and it is prescribed for their hard work in producing a fair thing such as that. It has been a great by the budgets we have voted for here- final crop insurance package that will working relationship. I thank my tofore. provide $100 million in targeted pro- friend and my chairman for having I commend those who have lived grams for Northeastern farmers who that kind of good working relationship within those margins. I do hope the have struggled in recent years, facing with this side of the aisle. farmers of America understand that we low prices and severe damage by Mr. LUGAR. I thank the Senator. have prescribed a very large package drought, flooding, and freezing. Mr. KERREY. Mr. President, I will here, in addition to the regular appro- Speaking on behalf of the farmers of take a few seconds. Earlier in my priations bill that comes through, and New York State, I especially thank my statement I said very nice things, as we may have additional arguments on esteemed colleague, Senator PAT they deserved, about the chairman, how much additional emergency money LEAHY, and his hardworking staff—Ed ranking member, and their staffs and might be provided, if any. Barron, J.P. Dowd, and Melody every other staff member of the Agri- I do believe this is a good example of Burkins—for their creativity and per- culture Committee except for one. doing it right for a change. We did it sistence in defending the interests of That was the person who wrote the right from the very start, and now we our region which have all too often statement I was reading earlier on the are seeing the fruits of some good been neglected in agricultural debates. floor. So I want to just take a moment thinking in advance to avoid conflict Back in March, I joined Senators PAT to thank Bev Paul for all the work she at the end of the year. LEAHY, BOB TORRICELLI, and JACK REED did on this piece of legislation. I appre- Mr. President, while the spending in in a spirited and successful effort to ciate very much Senator HARKIN, you this conference report does not violate amend this bill to include, for the first and Leader DASCHLE, trusting me the budget, and again I congratulate time in the history of crop insurance, enough to put me on the conference the authors for following those spend- funds targeted specifically to help our committee. I appreciate Bev’s con- ing guidelines, I must be honest in say- region. tribution to it. ing that some provisions in Title II of Northeastern farmers have histori- Mr. DOMENICI. I wonder if the dis- this conference report concern me. cally low participation in crop insur- tinguished manager will just yield for When the Budget Committee estab- ance for several reasons. Many grow an observation? It will not take long. lished the $7.1 billion funding to assist speciality crops that are not eligible Mr. LUGAR. I yield. producers of program crops and spe- for Federal crop insurance, or find Mr. DOMENICI. Mr. President, I cialty crops, I can assure you that at that, while they are eligible, the Fed- want to say hearty thanks to the U.S. least this Senator did not envision eral crop insurance programs do not fit Senate for passing the budget resolu- some of the types of indirect assistance their needs. Many are simply not aware tion that contemplated this issue and to producers this bill provides. None- of available crop insurance options or this problem and this solution. Nor- theless the bulk of assistance will go have no agents located nearby to sell mally, in years past on agriculture directly to producers and provide some them policies. emergencies, we have waited until the relief to those now suffering depressed The results have often been cata- end of the year and gotten into an farm incomes. strophic. When a disaster such as last enormous argument as to how much Finally, it must be said, that once summer’s drought strikes, our farmers emergency relief is enough emergency this $5.5 billion in Agriculture Mar- have no safety net to fall back on, un- relief. This year we decided, in the keting Transition Act, AMTA, pay- like so many of their Midwestern and budget resolution, with the help of ments are made this year, total Com- Southern counterparts. some experts and the committee, to de- modity Credit Corporation, CCC, out- As such, these provisions—a $50 mil- cide that we would modify the resolu- lays for FY 2000 may exceed $30 bil- lion program to promote risk manage- tion that applies to this year and pro- lion—a historic record level of spend- ment practices tailored to North- vide $5.5 billion in this year’s budget to ing. Just for the calendar year 2000, di- eastern farmers, $25 million for crop in- be spent by the authorizing committee rect payments to producers will exceed surance education and recruitment tar- from a reserve fund set up by the Budg- $21.6 billion—another record. It is also geted at areas traditionally under- et Committee and $1.6 billion for next understood that when we return from served by crop insurance, and $25 mil- year, all of which could be used for the Memorial Day recess, the FY 2001 lion for research into better crop insur- emergency purposes by the authorizing Agriculture Appropriations bill may be ance programs for the Northeast—will committee if they chose. before the Senate, and it to may con- go a long way to helping the farmers of They have chosen to follow that to tain additional emergency spending for New England and the Mid-Atlantic re- the letter: $5.5 billion this year and $1.6 the current fiscal year. gion. billion next year. We have provided in At a time when the U.S. Congress and Our farmers will especially benefit advance a pretty good package, as my the European Parliament are focused from the removal of the area trigger colleagues have said, on emergency re- on agriculture trade issues, and the for crop insurance policies. This will lief. level of subsidies being provided on benefit farmers located in areas iso- I am not the expert. I am not here both sides of the Atlantic, I think it is lated by valleys or mountains by allow- vouching for every item in the bill, but important to take a step back and ing them to collect crop insurance for I am suggesting it is good to recognize make sure we all understand what as- their localized disasters. that we had the foresight this time in sistance is being provided in this bill to Further, specialty crop farmers, as so advance to devise a prescription for the agriculture. many of the fruit and vegetables grow- solution of what I think is most of the I will support this conference agree- ers in New York State, will benefit emergency relief that is going to be ment today. But I hope that another from the $200 million USDA purchase sought for farmers. There may be oth- bill the Senate may consider after the of speciality crops as directed in the ers in other bills. I thank everyone for recess—the PNTR China bill—will pro- emergency agriculture package at- living under that resolution and under vide expanded markets for our agri- tached to this bill.
VerDate Mar 15 2010 23:34 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\2000SENATE\S25MY0.REC S25MY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 25, 2000 CONGRESSIONAL RECORD — SENATE S4443 I also echo Senator LEAHY’s remarks ments, to reduce class size and reward for over 17 years, and has produced 23 on our understanding of the Agri- teachers who improve student achieve- publications on the topic. His research culture appropriations bill, which we ment, among other things. gives us a clear understanding of how have been assured will contain several On May 9, 2000, the Majority Leader gun violence, and the fear of gun vio- additional critical provisions, particu- withdrew the education bill from con- lence, impacts schools in Michigan, larly the assistance for our Nation’s sideration, and the Senate moved on to and in the United States. dairy farmers who have suffered ter- other business. At the time, the Major- Professor Astor writes: ribly from low prices, and for apple ity Leader indicated his intent to come Dear Senator LEVIN, farmers who have been hard hit by low back to the education bill, either later I am pleased that the Senate is debating yields and low quality after 2 years of in that same week, or the week after. the topic of education in our nation. As a unavoidable weather extremes, from It is now more than three weeks later professor of education, I hope that you will hurricanes to drought. and Congress is preparing to adjourn include in your discussions the issue of for the Memorial Day recess without school safety. As you know, the general pub- I have visited regularly with dairy lic is seriously concerned with the safety of and apple farmers in my own State and addressing a critical component of our our schools. Polls taken over the past seven can say they desperately need our help. national education policy: school safe- years indicated that the public considers I thank, once again, the conferees for ty. school violence to be the top problem facing crafting a bill that for the first time The education bill was likely with- U.S. schools. Hopefully, the Senate’s efforts truly takes into account the unique drawn from the Senate because of the will result in policy and legislation that needs of Northeastern farmers. I voted possibility of a school safety amend- make our schools safer for our children. for the package, and I am glad so many ment aimed at curbing gun violence. He continues: of my fellow Senators voted for it as Unfortunately, education and gun vio- Clearly, teachers, students, and school well. lence are now inseparable issues. The staff are most concerned about the presence f wave of school shootings—in of firearms and weapons in our schools. In Jonesboro, Arkansas, Littleton, Colo- the context of a discussion on guns and mass TRIBUTE TO PAT ROONEY rado, and recently, in Mt. Morris shootings, consider the fear described by this Mr. LOTT. Mr. President, today, I Township, Michigan—has changed middle school teacher who participated in rise to pay tribute to a businessman one of our studies: ‘‘A lot of us are afraid. America’s perception of safety in You come in the morning and you’re just who has witnessed the transformation school. afraid to even go to work. You’re just so of a company from a single plant oper- Over the last few years, we have stressed out, because you’re all tensed up, ation into a multinational corporation. made some gains. Over the four year you can’t feel happy and teach like you want The businessman I am referring to is period, from 1993 to 1997, the percent- to because you’ve got to spend all of your Pat Rooney, who is retiring on June age of high school students who carried time trying to discipline. You’re scared 3rd after almost 45 years of service to a weapon to school declined from 12% somebody’s going to walk in. We keep our Cooper Tire and Rubber Company. Mr. to 9%; the rate of crime against stu- doors locked. We have to keep our doors Rooney began his career with Cooper dents ages 12 to 18 fell one-third; and 90 locked.’’ Middle school teacher. (Meyer, Astor & Behre, 2000). Tire in 1956 as a sales trainee. In 1994, percent of schools reported no inci- Pat Rooney was elected CEO and dents of serious violent crime in 1996– Professor Astor goes on: Chairman of the Board of Cooper Tire. 1997. In our studies, students and school staff That hierarchical progression is as- Despite these gains, students feel less often mention fear from the threat of guns tounding. In this day and time with the safe at school, and access to guns is a and other lethal weapons. Without a doubt, the knowledge or rumor of a gun in a school ever changing economy, it is almost primary reason why. School violence, instills fear in the school community. Teach- hard to fathom someone working for or even the threat of school violence, ers and students are well aware that the one employer for four and a half dec- instills fear in our students, and limits shocking mass murders recently perpetrated ades. Pat Rooney saw Cooper Tire and their ability to learn. School violence in schools are exclusively associated with Rubber grow from 1,000 total employees also threatens and intimidates teach- firearms. Our country has a long history of to now 25,000 worldwide. During his ers—making instruction more difficult. lethal acts in schools (see Kachur et al, 1996 tenure at Cooper Tire, Mr. Rooney The learning environment is in jeop- in the Journal of the American Medical As- spent time working in Clarksdale, Mis- ardy, and unless we address the sociation), however, the use of guns as a weapon of choice, has made multiple mur- sissippi at the rubber products oper- vulnerabilities of our schools, many of ders a more common occurrence. This, in ation in the Mississippi Delta. Cooper our other efforts to improve the edu- turn, has promoted a high level of fear with- has built a significant presence in my cation system will be undermined. in schools. Obviously, the fear of death or po- state, employing numerous Mississip- I’m sure all of us agree that any act tential catastrophe is not conducive with a pians at locations in Clarksdale and of violence—whether it’s as common as positive learning environment. Con- Tupelo. Pat Rooney lives in Findlay, a fist fight in the locker room or as ex- sequently, I urge you and your colleagues to Ohio and has been very active in the treme as a shoot out in the cafeteria— take a strong stance on the issue of firearms. community. He is a Rotarian, active in interferes with the educational process. Professor Astor quotes a middle the Findlay/Hancock County Chamber Ron Astor, an assistant professor of so- school teacher frightened by the of Commerce, and the County Commu- cial work and education at the Univer- thought of a school shooting, and she is nity Development Foundation and sity of Michigan in Ann Arbor, has not alone. Teachers and students served on the advisory council of the said: ‘‘Violence in schools . . . inter- across this nation fear what may hap- Arts Partnership of Hancock County. feres with children’s physical well pen to them in the classroom. Those of Again, I want to commend Pat Rooney being, academic functioning, social re- us who feel strongly about education today for his service to his company lations, and emotional and cognitive and school safety must do something and his community. Cooper Tire has development.’’ to ease their fears. Congress must curb been fortunate to have such a dedi- School violence has always posed a young people’s access to guns. We must cated employee, leader, and visionary. threat to students and teachers, but pass legislation designed to reduce the Mr. Rooney I hope you will enjoy your the advent of gun violence in schools level of gun violence, and the fear of well deserved retirement. has escalated the problem. Gun vio- such violence, in our communities. f lence, not only affects students at a Gun violence is certainly not the particular school, it has a rippling ef- only cause of fear in school. Professor SCHOOL SAFETY fect on students at schools in the same Astor explains, that in addition to con- Mr. LEVIN. Mr. President, earlier county, state, and in some cases, the cerns about firearms, teachers and stu- this month, the Senate began consider- entire country. dents fear more common forms of vio- ation of the Elementary and Secondary I have a letter from Professor Astor, lence, such as fist fights, sexual harass- Education Act, a reauthorization bill who wrote to me earlier this month, ment, teasing and bullying. All vio- that would determine our national edu- when the Senate was debating edu- lence in school is unacceptable and we cation policy. We spent a few days on cation policy. Professor Astor has been should continue to work toward curb- that bill, offering and debating amend- researching the topic of school violence ing any and all student harm. But gun
VerDate Mar 15 2010 23:34 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\2000SENATE\S25MY0.REC S25MY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4444 CONGRESSIONAL RECORD — SENATE May 25, 2000 violence is a dominant cause of fear though the vast majority of students identi- ings, sexual harassment, relentless humilia- among teachers and students in our fied areas that they avoid due to school safe- tion/teasing, bullying, and other forms of schools ty issues. Furthermore, girls consistently victimization. These kinds of events have a We have the opportunity to take the identify more areas than boys that they very large impact on students overall sense first step toward establishing a safer feared or avoided. One study found that over of school safety. We just conducted a large a third of school territory was considered un- scale (16,000 students) international study and more secure school environment, safe by girls. that shows these more common forms of vio- by among other things, passing the ju- The teachers are also aware of danger in lence account for many students nonattend- venile justice bill which would ban ju- their work-settings (e.g., enclosed Meyer, ance of school due to fear/humiliation. Cre- venile possession of assault weapons Astor, & Behre, 2000). For example, 75% of ating on overall climate of safety in the and close the gun show loophole. But if the teachers in our sample, identified at school is essential. Draconian security meas- we can not pass the juvenile justice least one area in or around their school that ures used in the name of school safety (ex- bill, we will use other means to prevent they considered unsafe or dangerous. Female pulsion, police, metal detectors), may actu- middle and high school teachers identified ally increase students fear of school violence the gun violence that has plagued too more areas than their male colleagues that many American schools and commu- and interfere with their learning. they perceived to be unsafe (e.g., 58% vs. 87% Finally, the Columbine shootings have nities. of males and females respectively). Teachers qualitatively changed our countries percep- I hope this Senate will continue its are very brave. Although they sense danger tions of school violence. Based on my con- debate on this country’s long-term edu- in specific school locations the vast majority tacts with hundreds of teachers, school prin- cation needs and at the same time, of teachers claimed they would intervene cipals, and school district superintendents in work toward finding a long-term solu- even though they may be placing themselves Michigan and across the country, I can con- tion for reducing the shootings in in harms way. Teachers continually men- fidently say that school districts are now American schools. Students around the tioned the need for protection against phys- more punitive, frightened, and authori- ical harm, legal issues, and policies that sup- tarian, surrounding issues of school violence. country may be off for the summer, but port their actions to make school safer. Con- Congress will have to keep working Consequently, it appears that schools harsh trary, to the current trend in zero tolerance responses (usually suspension and expul- until we can make the grade on school policies, most of the students and teachers in sions) are now extended to innuendo’s, nasty safety. our studies advocate for a relationship ori- stares, verbal threats, and rude behaviors. I ask unanimous consent to submit ented approach that focuses on building a Rather than creating a safer school climate, the full text of Professor Astor’s letter caring school community. Neither students students, teachers, and principals claim that in the RECORD. nor teachers feel that security oriented these security measures are fostering an op- There being no objection, the letter measures (video cameras, security guards, pressive environment which may be equally was ordered to be printed in the police officers, alarm systems, expulsions) detrimental to learning. From a public pol- are conducive to a healthy learning environ- RECORD, as follows: icy perspective, expelling our most aggres- ment. Furthermore, the findings in our stud- sive children is a social disaster because it UNIVERSITY OF MICHIGAN, ies show that interventions designed to en- increases the likelihood that these children Ann Arbor, MI, May 2, 2000. courage teacher/student relationships are will commit serious violent acts in the com- Senator LEVIN, perceived to be the most effective and con- munity. Being banished from school at a Russell Building, sistent with the educational goals of our na- young age increased the chances of a ‘‘dead Washington, DC. tion’s schools. end’’ life, prison, welfare, being at the pe- DEAR SENATOR LEVIN, I am pleased that Clearly, teachers, students, and school riphery of our economy, and a life of crime. the Senate is debating the topic of education staff are most concerned about the presence Positive relationshps created in schools may in our nation. As a professor of education, I of firearms and weapons in our schools. In actually serve as a protective factor for hope that you will include in your discus- the context of a discussion on guns and mass many of our most aggressive children. There- sions the issue of school safety. As you shootings, consider the fear described by this fore, I’d like to encourage you and your es- know, the general public is seriously con- middle school teacher who participated in teemed colleagues to carefully consider poli- cerned with the safety of our schools. Polls one of our studies: cies that mirror a democratic, caring, com- taken over the past seven years indicated ‘‘But I’m telling you, there’s so much vio- munity-oriented, and relationship-oriented that the public considers school violence to lence and in different areas and in different school environment. These empirically sup- be the top problem facing U.S. schools. Hope- districts and different states where teachers ported virtues would accomplish the dual fully, the Senate’s efforts will result in pol- are being killed every day. And don’t look to goals of fostering academic excellence within icy and legislation that make our schools me as a teacher to solve the violence in the the context of safe feeling environments. safer for our children. school. It was there before I got there. It is Students, teachers, principals and parents do I have been researching school violence for getting worse. I’m here to tell you. I will—a not want their schools turned into prison- over 17 years. I have 23 publications on the lot of us are afraid. You come in the morning like environments. This would not benefit topic of school violence in the U.S.A. and and you’re just afraid to even go to work. our children’s education or our democracy. abroad. In addition, I teach courses on school You’re just so stressed out, because you’re Finally, they do not increase children’s sense violence to teachers, psychologists and so- all tensed up, you can’t feel happy and teach of safety. The facts suggested that the oppo- cial workers who will be creating and admin- like you want to because you’ve got to spend site is true. istering school violence programs in U.S. all of your time trying to discipline. You’re I have enclosed a series of articles pub- schools. Consequently, I have a perspective scared somebody’s going to walk in. We keep lished or in press (in scientific peer reviewed on this issue that spans both research and our doors locked. We have to keep our doors journals). Please feel free to contact me if practice. locked.’’ Middle school teacher. (Meyer, you have any questions. Based on my research, I would like to en- Astor & Behre, 2000). courage you and your colleagues to pass leg- In our studies, students and school staff With respect, islation that addresses children’s perceptions often mention fear from the threat of guns Sincerely, of safety in school. Our research shows that and other lethal weapons. Without a doubt, RON AVI ASTOR, Ph.D., both children and teachers (in elementary, the knowledge or rumor of a gun in a school Associate Professor of Education and Social middle, and high school) are reluctant to instills fear in the school community. Teach- Work. categorize their entire setting as unsafe. ers and students are well aware that the f However, when students and their teachers shocking mass murders recently perpetrated are asked to identify specific locations in in schools are exclusively associated with THE NECESSITY FOR THE NA- their school (e.g., the bathrooms, play- firearms. Our country has a long history of TIONAL DEFENSE AUTHORIZA- grounds, hallways, areas immediately sur- lethal acts in schools (see Kachur et al, 1996 TION BILL FOR FISCAL YEAR rounding the school), most identify dan- in the Journal of the American Medical As- 2001 gerous areas that they fear or avoid. There- sociation), however, the use of guns as a fore feelings of danger are far more common weapon of choice, has made multiple mur- Mr. WARNER. Mr. President, I rise experiences for students than the data in fed- ders a more common occurrence. This, in this afternoon to discuss the impor- eral studies suggest. For example, in recent turn, has promoted a high level of fear with- tance—the critical need—for early Sen- studies (enclosed Astor, Meyer & Behre, 1999; in school. Obviously, the fear of death or po- ate consideration of the defense au- Astor, Meyer & Pitner, in press), we mapped tential catastrophe is no conducive with a thorization bill for fiscal year 2001. violence-prone school locations within positive learning environment. Con- This bill, which we reported out of the schools and then conducted in-depth inter- sequently, I urge you and your colleagues to Senate Armed Services Committee on views with students, teachers, and principals take a strong stance on the issue of firearms. in Michigan elementary, middle and high Our findings demonstrate that in addition May 12th with bipartisan support, is a schools. In these studies we found students a focus on weapons in schools, national legis- good bill which will have a positive im- and teachers very reluctant to categorize lation should be focusing on most common pact on our nation’s security, and on their entire school as being unsafe even forms of student harm such as school beat- the welfare of the men and women of
VerDate Mar 15 2010 23:34 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\2000SENATE\S25MY0.REC S25MY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 25, 2000 CONGRESSIONAL RECORD — SENATE S4445 the Armed Forces and their families. It Mr. President, the discussion on No extension of TRICARE benefits to is a fair bill. It provides a $4.5 billion these important issues does not end active duty family members in remote increase in defense spending—con- with consideration in the Armed Serv- locations; sistent with the congressional budget ices Committee. In fact, in the last No elimination of health care co-pays resolution. But, the real beneficiaries twenty years, our Chamber’s collective for active duty family members in of this legislation are our servicemen interest in continuing the public de- TRICARE Prime; and women who will not only have bet- bate on pressing national security mat- No Thrift Savings Plan for military ter tools and equipment to do their ters presented in the defense authoriza- personnel; jobs, but an enhanced quality of life for tion bill has significantly increased. In No five year pilot program to permit themselves and their families. We must 1979, the first opportunity I had to be a the Army to test several innovative ap- show our support for these brave men part of the defense authorization bill proaches to recruiting; and and women—many of whom are in process, there were only 11 amend- No transit pass benefit for Defense harm’s way on a daily basis—by pass- ments to the bill during Senate floor Department commuters in the Wash- ing this important legislation. debate. Last year, during our debate on ington area. I am privileged to have been associ- the national defense authorization bill And, without this bill, the current ated with the Senate Armed Services for fiscal year 2000, there were over 160 Department of Defense Medicare sub- Committee and the development of a amendments. vention demonstration program will defense authorization bill every year of But we know our responsibility to not be expanded, as we envisioned, but my modest career here in the Senate— consider and pass the defense author- instead terminated. Currently, the a career quickly approaching 22 years. ization bill goes beyond statutory re- Medicare Subvention demonstration During those years, the committee has quirements and historical precedent. program provides medical services to used the annual defense authorization We must also be aware of the impor- approximately 28,000 military retirees bills to address the most fundamental tance of this measure to our men and in Mississippi, Texas, Oklahoma, Colo- national security issues facing the na- women in uniform around the world. rado, Washington, and Delaware. Ex- tion, including: the revitalization of U.S. military forces are involved in panding the program would provide the Armed Forces under President overseas deployments at an unprece- medical services to military retirees Reagan; the Goldwater-Nichols reorga- dented rate. Currently, our troops are living in the District of Columbia, Vir- nization of the Department of Defense; involved in over 10 contingency oper- ginia, Ohio, Georgia, Hawaii, and the restructuring and reduction of the ations around the globe. Over the past Maryland. Armed Forces following the end of the decade, our active duty manpower has Without this bill, almost every bonus cold war; investigating the tragedies in been reduced by nearly a third, active and special pay incentive designed to Beirut, Somalia, and Saudi Arabia Army divisions have been reduced by recruit and retain service members will (Khobar Towers); and the review and almost 50 percent, and the number of expire December 31, 2000, including: implementation of the lessons learned Navy ships has been reduced from 567 special pay for health professionals in from military operations in Grenada, to 316. During this same period, our critically short wartime specialities; Panama, the Persian Gulf, and, most troops have been involved in 50 mili- special pay for nuclear-qualified offi- recently, the lessons learned from the tary operations worldwide. By com- cers who extend their service commit- operations in the Balkans and, in par- parison, from the end of the Vietnam ment; aviation officer retention bonus; ticular, Kosovo. war in 1975 until 1989, U.S. military nuclear accession bonus; nuclear career This year’s legislation follows in this forces were engaged in only 20 such annual incentive bonus; Selected Re- fine tradition. The importance of this military deployments. serve enlistment bonus; Selected Re- bill is without question. In an all-volunteer force, where in- While this legislation is not the only serve re-enlistment bonus; special pay creasing deployments and operations for service members assigned to high bill on defense spending, it occupies a challenge the capabilities of our mili- very unique and critical role in the priority reserve units; Selected Reserve tary to effectively meet those commit- affiliation bonus; Ready Reserve enlist- congressional defense funding process. ments, as well as challenge the efforts Both it’s timing and function in the ment and re-enlistment bonuses; loan of our military to recruit and retain repayment program for health profes- congressional budget process are in- quality military personnel, we must sionals who serve in the Selected Re- tended to achieve important goals: embrace every opportunity to dem- serve; nurse officer candidate accession fully explore public concerns and fulfill onstrate our commitment to our mili- program; accession bonus for registered statutory requirements. tary personnel. The National Defense nurses; incentive pay for nurse anes- The venerable soldier-statesman, Authorization Bill for Fiscal Year 2001 thetists; re-enlistment bonus for active General George Marshall once stated, sends this important message. ‘‘In a democracy such as ours, military Mr. President, I noted previously in duty personnel; enlistment bonus for policy is dependent on public opinion.’’ these remarks the important role of critical active duty specialities; and The crucial step of ensuring that the defense authorization bill as a Army enlistment bonuses and the ex- public opinion on national security pol- means by which the Armed Services tension of this bonus to the other serv- icy issues has a forum begins in the Committee and the Senate address ices. Armed Services Committee. Since the many of the today’s important mili- The committee has carefully studied beginning of the 106th Congress, the tary policy matters. I would like to the recruiting and retention problems Senate Committee on Armed Services take a moment to highlight the impact in our military. We have worked hard has conducted almost 170 hearings, of not passing the National Defense to develop this package to increase briefings, and meetings, to fully ex- Authorization Bill for Fiscal Year 2001. compensation and benefits. We believe plore, examine and deliberate matters With respect to personnel policy, the it will go a long way to recruit new of concern to the public on national se- committee included leglsiation in the servicemenbers and to provide the nec- curity policy and funding issues. This defense authorization bill for fiscal essary incentives to retain mid-career year, in particular, a sample of the year 2001 to continue to support initia- personnel who are critical to the force. issues addressed in our hearings in- tives to address critical recruiting and Mr. President, on many occasions I clude: healthcare for military per- retention shortfalls. In this regard, the have shared my concerns about the sonnel, their families and retirees; the committee increased compensation threats posed to our military personnel future of the U.S. strategic nuclear ar- benefits and focused on improving mili- and our citizens, both at home and senal; U.S. military involvement in the tary health care for our active duty abroad, by weapons of mass destruc- Balkans; Defense Department efforts to and retired personnel and their fami- tion: chemical, biological, radiological counter the threat of a terrorist at- lies. and cyber warfare. Whether these tack; security clearance procedures for Without this bill, there will be: weapons are used on the battlefield or defense personnel; immunizing our per- No 3.7 percent pay raise for military by a terrorist within the United States, sonnel against anthrax; and ensuring personnel; we, as a nation, must be prepared. Russia safely secures and disposes of No pharmacy benefit for medicare el- Without this bill, efforts by the com- its nuclear arsenal. igible military retirees; mittee to continue to ensure that the
VerDate Mar 15 2010 23:34 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\2000SENATE\S25MY0.REC S25MY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4446 CONGRESSIONAL RECORD — SENATE May 25, 2000 DOD is adequately funded and struc- ings or debate by the Senate. Although testify about her daughter’s intimate tured to deter and defeat the efforts of some of us from both sides of the aisle relationships, requiring a bookstore to those intent on using weapons of mass objected to the provision at the time, disclose all the books a person may destruction would not be implemented. our objections were ignored and the have purchased, and breaching the Efforts that would not go forward with- provision became law. It is having dev- longstanding understanding of the rela- out this bill include: establishing a sin- astating effects on federal criminal tionship of trust between the Secret gle point of contact for overall policy prosecutions and, as I describe in some Service and those it protects. I was ap- and budgeting oversight of the DOD ac- detail below, it is no exaggeration to palled to hear a federal prosecutor ex- tivities for combating terrorism; fully say that this provision is costing lives. cuse a flimsy prosecution by announc- deploying 32 WMD–CST (formerly In the last Congress, the omnibus ap- ing after the defendant’s acquittal that RAID) teams by the end of fiscal year propriations measure for FY 1999 in- just getting the indictment was a great 2001; the establishment of an Informa- cluded a provision originally sponsored deterrent. Trophy watches and tele- tion Security Scholarship Program to by former Representative Joseph vision talk show puffery should not be encourage the recruitment and reten- McDade that was opposed by most the trappings of prosecutors. tion of Department of Defense per- members of the Senate Judiciary Com- Yet, I opposed the McDade law and sonnel with computer and network se- mittee, both Democrats and Repub- continue to believe that this law is not curity skills; and the creation of an In- licans. Indeed, we sent a joint letter to the answer. I firmly support improve- stitute for Defense Computer Security the leadership of the Appropriations ments in the disciplinary process for and Information Protection to conduct Committee urging that this provision federal prosecutors but this important research and critical technology devel- be removed from any conference report task may be accomplished without hin- opment and to facilitate the exchange because, in our view, the McDade law dering legitimate law enforcement in- of information between the govern- ‘‘would seriously impair the effective- vestigative techniques and practices— ment and the private sector. ness of federal prosecutors in their ef- which is what the McDade law is doing. Mr. President, I would like to briefly forts to enforce federal criminal laws While subjecting federal attorneys to highlight some of the other major ini- and protect our communities.’’ state bar rules sounds like good policy tiatives in this bill that would be at Nevertheless, the McDade provision at first blush, the McDade law has risk without Senate floor consideration was enacted as part of that appropria- ceded to the vagaries of fifty state bar of the defense authorization bill: tions measure and went into effect on associations control of how federal Without this bill, multi-year, cost- April 19, 1999. This law, now codified at prosecutions are to be conducted. I am saving spending authority for the Brad- 28 U.S.C. § 530B, subjects federal pros- concerned that Federal prosecutors are ley Fighting Vehicle and UH–60 ecutors to the state bar rules, and dis- being hamstrung because the McDade ‘‘Blackhawk’’ helicopter would cease. cipline, of ‘‘each State where such at- law makes them answerable to mul- Without this bill, there would not be torney engages in that attorney’s du- tiple masters. a block buy for Virginia Class sub- ties.’’ There has been enormous tension The Department of Justice has been marines. Without the block buy, there over what ethical standards apply to surprisingly quiet, both before and would be fewer opportunities to save federal prosecutors and who has the au- after the McDade law went into effect, taxpayer dollars by buying compo- thority to set those standards. about seeking a legislative modifica- nents—in a cost-effective manner—for This debate over the ethical rules tion to address the most devastating the submarines. that apply to federal prosecutors was consequences of this new law for fed- All military construction projects re- resolved with the McDade law at a eral law enforcement. Unfortunately, quire both authorizations as well as ap- time of heightened public concern over we are fast approaching the end of this propriations. Without this bill, over 360 the high-profile investigations and Congress without making any progress military construction projects and 25 prosecutions conducted by independent on addressing the problems created by housing projects involving hundreds of counsels. Special prosecutors Kenneth the McDade law. critical family housing units would not Starr and Donald Smaltz were the I have asked the Department of Jus- be started. ‘‘Poster boys’’ for unaccountable fed- tice for an update on how the McDade The Military Housing Privatization eral prosecutors. By law, those special law is working, and whether any of my Initiative would expire in February prosecutors were subject to the ethical fears were warranted. The results are 2001. Without this bill, the program guidelines and policies of the Depart- in: This law has resulted in significant would not be extended for an additional ment of Justice. They defended their delays in important criminal prosecu- three years, as planned. The military controversial tactics by claiming to tions, chilled the use of federally-au- services would not be able to privatize have conducted their investigations thorized investigative techniques and thousands of housing units and correct and prosecutions in conformity with posed multiple hurdles for federal pros- a serious housing shortage within the Departmental policies. ecutors. Department of Defense. The actions of these special prosecu- The Justice Department’s November, Mr. President, it has been said that, tors provided all the necessary fodder 1999, response to my prior questions on ‘‘Example is the best General Order.’’ to fuel passage of the McDade law. For this issue stated that the McDade law The Senate needs to take charge, move example, one of the core complaints ‘‘has caused tremendous uncertainty,’’ out, consider and pass the National De- the Department had against the ‘‘delayed investigations,’’ ‘‘creat[ed] a fense Authorization Bill for Fiscal McDade law is that federal prosecutors rift between agents and prosecutors,’’ Year 2001. This legislation is important would be subject to restrictive state ‘‘prevented attorneys and agents from to the nation and to demonstrating to ethics rules regarding contacts with taking legitimate, traditionally ac- the men and women in uniform, their represented persons. A letter to the cepted investigative steps, to the det- families and those who have gone be- Washington Post from the former riment of pending cases,’’ and served as fore them, our current and continuing Chairman of the ABA ethics committee the basis of litigation ‘‘to interfere support and commitment to them on pointed out: with legitimate federal prosecutions.’’ behalf of a grateful nation. [Anti-contact rules are] designed to pro- Yet, these generalities do not fully tect individuals like Monica Lewinsky, who f demonstrate the significant adverse have hired counsel and are entitled to have impact this law is continuing to have CONTINUING PROBLEMS FOR FED- all contacts with law enforcement officials to slow down or bring to a standstill ERAL LAW ENFORCEMENT DUE go through their counsel. As Ms. Lewinsky learned, dealing directly with law enforce- federal investigations of serious crimi- TO MCDADE LAW ment officials can be intimidating and scary, nal wrongdoing. Let me describe some Mr. LEAHY. Mr. President, I rise to despite the fact that those inquisitors later recent examples. talk about a pressing criminal justice claimed it was okay for her to leave at any AIRLINE WHISTLE BLOWER problem. The problem stems from a time. In one recent case, an airline me- provision slipped into the omnibus ap- I have outlined before my concerns chanic whistleblower claimed that his propriations law during the last Con- about the tactics of these special pros- airline was falsely claiming to the FAA gress, without the benefit of any hear- ecutors, such as requiring a mother to that required maintenance procedures
VerDate Mar 15 2010 23:34 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\2000SENATE\S25MY0.REC S25MY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 25, 2000 CONGRESSIONAL RECORD — SENATE S4447 had been performed on the airline’s dividual known as ‘‘T,’’ who was then country dumped thousands of gallons planes when in fact they had not been in the custody of the state Department of fuel oil into the United States coast- done. The FBI executed a search war- of Corrections, had buried the little al waters near the major city. The spill rant for documents at the maintenance girl’s body in a deep freeze on T’s prop- killed wildlife and caused millions of facility and began simultaneous inter- erty near a small mid-western city. T dollars of damage to the coast. The views of the maintenance personnel to admitted to former inmates, to prison Coast Guard pursued the ship and determine the validity of the allega- nurses and to his grandmother that he boarded it in international waters. tions. The airline’s attorney imme- was involved in the case. When inter- While the Coast Guard was boarding diately interceded, claimed to rep- viewed by the police, he on one occa- the ship, the lawyers for the ship’s resent all airline personnel, and halted sion denied any involvement, but later owners were on the telephone to the the interviews. Because of the McDade admitted being present when the young ship’s captain and to the Coast Guard. law, the prosecutor was forced to tell girl was killed. They claimed to represent all crew the agents that they could not con- A federal prosecutor and two FBI members and prohibited further inter- tinue to interview the employees. agents attempted to meet with T at views. The attorneys also told the Cap- Rather than having several agents the county jail. The prosecutor ex- tain to direct the crew not to speak to out interviewing witnesses simulta- plained that the purpose of the meeting the Coast Guard. neously to avoid culpable witnesses was to obtain T’s cooperation; T stated Because of the state ethical rules and from trying to get their stories that he wanted to speak to his attor- the claim that those rules not only pre- ‘‘straight,’’ the prosecutor then had to ney, and was allowed to speak with his vent AUSA’s, but also federal inves- resort to an alternative strategy to ob- federal public defender from a prior tigative agents from speaking to cor- tain information from the employees. closed case. The federal public defender porate employees, the prosecutors di- The prosecutor subpoenaed the wit- informed T that he did not represent rected the Coast Guard not to seek fur- nesses to the grand jury. Unfortu- him, but T then spoke in confidence to ther interviews. The ship’s crew as nately, the risk of this strategy is that the federal defender, who informed the then spirited out of the foreign country it may play right into the hands of prosecutor that T had no information and were not ever available to testify those who are willing to cover up. With and did not wish to continue the con- before the grand jury. No eyewitness to the grand jury route, one witness at a version. the spill ever materialized. time testifies and is then debriefed im- Agents have located an individual CLEAN WATER ACT INVESTIGATION mediately after by an attorney, who in who believes that T would confide in A United States Attorney’s office is turn briefs all future witnesses about him and that he would be willing to as- conducting an ongoing grand jury in- what questions will be asked and what sist in attempting to find out from T vestigation into allegations that a answers have already been given. what had happened to the girl’s body. large corporation violated the Clean Indeed, the attorney for the airline This individual has agreed to a consen- Water Act. Certain former employees again claimed to represent everyone sually monitored meeting with T. of this corporation have indicated that who was subpoenaed to testify before Because of T’s prior representation they have relevant information and are the grand jury. The office advised the by the state and federal public defend- willing to speak with federal investiga- attorney that he had a conflict doing ers, the U.S. Attorney’s office con- tors about that information. so, and the attorney then obtained a tacted the state bar disciplinary coun- Nothwithstanding their desire to speak separate attorney for each witness. sel concerning whether it could con- to federal investigators, a state case The impact on this investigation was duct the consensual monitoring. A has interpreted the relevant state’s severe. Because the attorney for each staff attorney in the bar disciplinary ethics rule as prohibiting contact with witness insisted on a grant of immu- office stated that T was a represented former as well as current employees of nity, and because of scheduling con- person and that the prosecutors could a represented corporation. A federal flicts with the various attorneys, the not make the contact until the public case has interpreted the same state’s investigation was stalled for many defenders informed T that they no ethics rule as permitting contact with months. When the witnesses finally ap- longer represented him and the U.S. former employees. peared before the grand jury, they had Attorney’s Office gave T adequate op- The state’s disciplinary counsel has trouble remembering significant infor- portunity to retain other counsel. conveyed his view that only state court mation to the investigation. This advice was given by the State decisions construing that state’s ethics After about a year of investigation, Bar Disciplinary Counsel despite the rule are controlling and that federal one of the airline’s planes crashed, relevant U.S. Supreme Court and fed- case law cannot be relied upon to gov- with calamitous loss of life. eral appellate case law to the contrary. ern proceedings that are brought solely Immediately after the crash, the FBI See Griffith v. Kentucky, 479 U.S. 314, in federal court. received information that the plane 321 n. 6. (1987) (a conviction becomes As a consequence, federal prosecutors had problems on the first leg of its trip. final when ‘‘a judgment of conviction may be stymied by a State ethical rule The agents could not go out and inter- has been rendered, the availability of and State court interpretation of that view the airline’s employees because of appeal exhausted, and the time for a rule from gathering material evidence questions raised by the McDade law. petition for certiorari elapsed or a peti- of a federal crime from willing wit- Does the corporation have a right to be tion for certiorari finally denied’’); nesses. notified before interviews and to have United States v. Fitterer, 710 F.2d 1328 KICKBACKS AND CONTRACT FRAUD its counsel present? Are these people (8th Cir. 1983); United States v. Dobbs, In United States v. Talao, 1998 WL represented by the corporate attorney? 711 F.2d 84 (8th Cir. 1983) (contact with 1114043 (N.D. Cal.), vacated in part by Thus, those interviews that are most represented persons permitted in the 1998 WL 1114044 (N.D. Cal.), a company’s often successful—simultaneous inter- course of pre-indictment criminal in- bookkeeper was subpoenaed to testify views of numerous employees—could vestigations). before the grand jury. Her employers not be conducted simply because of The Chief Disciplinary Counsel for were the subjects of the criminal inves- fear that an ethical rule—not the law— the State Bar made it clear that he was tigation because they were believed to might result in proceedings against the not bound by judicial determinations, have failed to pay the prevailing wage prosecutor. including federal court decisions, other on federally funded contracts, falsified CHILD-MURDER INVESTIGATION than those made by the State Supreme payroll records, and demanded illegal A 12-year-old girl was abducted while Court in which he was located. The in- kickbacks. The bookkeeper came to riding her bicycle near her family vestigation is currently at a standstill. the U.S. Attorney’s Office the day be- home in a Midwestern city in 1989. An The prosecutor is considering giving T fore the scheduled grand jury appear- exhaustive investigation led by the FBI immunity for his testimony, as a last ance and asked to speak to the pros- turned up nothing. In 1996, an apparent resort. ecutor, but the prosecutor was not in. eyewitness confessed on his deathbed OIL SPILL The next day, when the bookkeeper to the abduction and stated that he had After leaving the port of a major arrived for her grand jury appearance, been told by an accomplice that an in- city, a ship on its way to a foreign she encountered the prosecutor in the
VerDate Mar 15 2010 23:34 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\2000SENATE\S25MY0.REC S25MY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4448 CONGRESSIONAL RECORD — SENATE May 25, 2000 hall outside the grand jury room. The counsel has interpreted the relevant without the involvement of govern- bookkeeper agreed to meet with the version of this rule to prohibit attor- ment attorneys (and the restrictions prosecutor and the case agent, and in a neys not only from authorizing or con- that attorneys’ involvement brings), ten minute conversation in a nearby ducting such consensual recordings but civil enforcement actions often are in- witness room, the bookkeeper told the also from supervising or overseeing un- vestigated directly by the government prosecutor that her employers (the dercover investigations themselves, attorneys themselves, as the resources subjects of the investigation) had since the very nature of the undercover of federal law enforcement authorities pressed her to lie before the grand jury, operation conduct involves deception. typically are not available for civil en- she was afraid of them, and she did not Thus, in Oregon, government attorneys forcement matters. want the company’s lawyer to be in the may risk violating the ethics rules WE NEED TO FIX THE MCDADE LAW same room as her or know what she when they supervise legitimate crimi- Due to my serious concerns about the had said in the grand jury, for fear that nal and civil law enforcement inves- adverse effects of the McDade law on the attorney would report everything tigations that use investigative meth- federal law enforcement efforts, I in- back to the employer. ods recognized by courts as lawful. troduced S. 855, the Professional Stand- During this interview, the corporate GRAND JURY INVESTIGATIONS ards for Government Attorneys Act, on attorney banged on the witness room In a series of existing grand jury in- April 21, 1999. The Justice Department door and demanded to be present dur- vestigations, an attorney for a corpora- states that ‘‘S. 855 is a good approach ing the interview; he also asserted the tion under investigation prevented that addresses the two most significant right to be present in the grand jury. interviews of corporate employees by problems caused by the McDade The prosecutor asked the bookkeeper federal agents because of the rule gov- Amendment—confusion about what whether she wished to speak to the at- erning contacts with represented per- rule applies and the issue of contacts torney. She said that she did not. The sons. The following examples took with represented parties.’’ (Justice De- grand jury later indicted the employers place after the McDade law was passed. partment Response, dated November for conspiracy, false statements, and il- a. In John Doe Corp. #1, as federal 17, 1999, to Written Questions of Sen- legal kickbacks. agents began to execute a search war- ator LEAHY). The district judge first ruled that the rant at a company, the attorney for the Since that time, I have conferred prosecutor violated the contacts with corporation announced over the loud- with the Chairman of the Judiciary represented persons rule because there speaker that he represented all of the Committee about crafting an alter- was a pre-existing Department of employees and that no interviews could native to the McDade law. This alter- Labor administrative proceeding and take place. native would adhere to a basic concern qui tam action (the government had b. In John Doe Corp. #2, agents of the of proponents of the McDade provision: not intervened) and, therefore, the cor- U.S. Customs Service executed a search the Department of Justice would not poration had a right to have its attor- warrant at a computer component have the authority it has long claimed ney present during any interview of manufacturer in a major U.S. city. to write its own ethics rules. The legis- any employee, regardless of the em- While executing the warrant at Com- lation would establish that the Depart- ployee’s wishes, the status of the cor- pany A, a lawyer called the prosecutor ment may not unilaterally exempt fed- porate managers, or the possibility and claimed to represent all employees eral trial lawyers from the rules of eth- that the attorney may have a conflict at Company A and its subsidiaries. ics adopted by the federal courts. Fed- of interest in representing the book- During the search the manager of Com- eral—not state—courts are the more keeper. The judge referred the AUSA pany B, a subsidiary of Company A, ap- appropriate body to establish rules of for disciplinary review by the State of proached the agents and asked to co- professional responsibility for federal California. operate, offering to tape conversations prosecutors, not only because federal Upon rehearing, the judge held that, with those managers above him who courts have traditional authority to es- though the ethical rule violation was had committed crimes. Because Com- tablish such rules for federal practi- intentional, he would withdraw the re- pany B was controlled by Company A, tioners generally, but because the De- ferral to the state bar. He held that he the prosecutor directed the agents not partment lacks the requisite objec- would instruct the jury to consider the to conduct any undercover meetings or tivity. prosecutor’s ethical violation in assess- interview the potential witness. The measure would reflect the tradi- ing the credibility of the bookkeeper. Virtually every investigation involv- tional understanding that when law- The government sought a writ of man- ing a corporation is now subject to in- yers handle cases before a federal damus and that was argued before the terference where none existed before. court, they should be subject to the Ninth Circuit Court of Appeals on WHISTLE BLOWER ACTIONS federal court’s rules of professional re- March 15, 2000. The prosecutor has also Increasingly, the government uses its sponsibility, and not to the possibly in- sought to appeal the district court’s civil enforcement powers under federal consistent rules of other jurisdictions. misconduct finding. statutes to crack down on corporations But incorporating this ordinary choice- MONITORED CONVERSATIONS that engage in health care fraud, de- of-law principle, the measure would A common tool of law enforcement fense contractor fraud, and other preserve the federal courts’ traditional authorities who are investigating alle- frauds that cost the government—and authority to oversee the professional gations of criminal and civil violations the taxpayers—substantial sums of conduct of federal trial lawyers, in- is to have either a law enforcement money. One method of pursuing such cluding federal prosecutors. It thus agent or a confidential informant fraud claims is through qui tam suits, would avoid the uncertainties pre- (under the direction of a law enforce- which often are initiated by corporate sented by the McDade provision, which ment agent) act in an undercover ca- employees seeking to ‘‘blow the whis- subjects federal prosecutors to state pacity. Often, during the course of tle’’ on offending companies. laws, rules of criminal procedure, and these undercover investigations, under- Many states’ ethics rules forbid gov- judicial decisions that differ from ex- cover agents and confidential inform- ernment attorneys from obtaining rel- isting federal law. ants engage in a monitored conversa- evant information from concerned The measure would also address the tion with individuals suspected of ille- whistle blowers and corporate ‘‘good most pressing contemporary question gal conduct. When engaging in such citizens’’ without the consent of the of government attorney ethics—name- monitored conversations, the law en- counsel that represents the corporation ly, the question of which rule should forcement agent or confidential in- whose conduct is under investigation. govern government attorneys’ commu- formant working for the government This prohibition, which affects crimi- nications with represented persons. It hides his true identity. nal investigations as well, presents a asks the Judicial Conference of the ABA Model Rule 8.4(c) provides that particularly acute problem in civil en- United States to submit to the Su- it is misconduct for a lawyer to engage forcement investigations. Unlike preme Court a proposed uniform na- in conduct involving dishonesty, fraud, criminal investigations, which some- tional rule to govern this area of pro- deceit or misrepresentation. In one ju- times can be conducted in the first in- fessional conduct, and to study the risdiction—Oregon—bar disciplinary stance by law enforcement officers, need for additional national rules to
VerDate Mar 15 2010 23:34 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\2000SENATE\S25MY0.REC S25MY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 25, 2000 CONGRESSIONAL RECORD — SENATE S4449 govern other areas in which the pro- The PRESIDING OFFICER. Without structure. The NLD has declined to liferation of local rules may interfere objection, it is so ordered. participate in the National Convention with effective federal law enforcement. COMPANY A since 1995, perceiving it to be nothing The Rules Enabling Act process is the Leslie C. Abbott, Jr., Wallace R. Carter, more than a tool of the ruling military ideal one for developing such rules, John D. Clifton, Andrew J. Coleman, Frank elite. both because the federal judiciary tra- P. Draper, Jr., Taylor N. Fellers, Charles W. SLORC reorganized itself again in ditionally is responsible for overseeing Fizer, Nick N. Gillaspie, Bedford T. Hoback, 1997, changing its name to the State the conduct of lawyers in federal court Raymond S. Hoback, Clifton G. Lee, Earl L. Peace and Development Council proceedings, and because this process Parker, Jack G. Powers, John F. Reynolds, (SPDC). But an oppressive regime by would best provide the Supreme Court Weldon A. Rosazza, John B. Schenk, Ray O. Stevens, Gordon H. White, Jr., John L. any other name remains an oppressive an opportunity fully to consider and Wilkes, Elmere P. Wright, Grant C. Yopp. regime. Burma continues to be ruled by objectively to weigh all relevant con- COMPANY C a non-elected military clique, this time siderations. headed by General Than Shwe. And, Joseph E. Parker, Jr. The problems posed to federal law en- even though Ne Win ostensibly relin- COMPANY F forcement investigations and prosecu- quished power after the 1988 pro-democ- tions by the current McDade law are John W. Dean. racy demonstrations, in reality, he real with real consequences for the f continues to wield informal, if declin- health and safety of Americans. I urge 10TH ANNIVERSARY OF THE FREE ing, influence. the Chairmen of the House and Senate AND FAIR ELECTIONS IN BURMA To this day, Burma continues to be Judiciary Committees, and my other ruled by fiat, denied both a valid con- colleagues, to work with me to resolve Mrs. FEINSTEIN. Mr. President, as an original co-sponsor of Senator MOY- stitution and a legislature representing those problems in a constructive and the people. fair manner. NIHAN’s resolution commemorating the 10th anniversary of the free and fair To solidify its hold on power and sup- f elections in Burma which were over- press Burma’s widespread grassroots REMEMBERING THOSE WHO DIED turned by a military junta, I rise today democracy movement, the military ON D-DAY to mark that event and to discuss the junta—whether it be named SLORC or Mr. ROBB. Mr. President, as we ap- repressive conditions that have domi- the SPDC—has engaged in a campaign proach the 56th Anniversary of D-Day, nated the lives of the Burmese people of systematic human rights abuses June 6th, 1944, we should pause to re- for the past 37 years and that continue throughout the 1990s. It has been aided flect on the valor and sacrifice of the to define the terms of their existence in this effort by the armed forces— men who died on the beaches of Nor- to this very day. whose ranks have swelled from 175,000 mandy. In the vanguard of the force For the past 12 years, a brutal au- to 400,000 soldiers—and the Directorate that landed on that June morning, was thoritarian regime has denied the Bur- of Defense Services Intelligence the 116th Infantry Regiment, 29th In- mese people the most basic human (DDSI), a military and security appa- fantry Division. In 1944 the 116th Infan- freedoms, including the rights of free ratus that pervades almost every as- try Regiment, as it is today, was a Na- speech, press, assembly, and the right pect of a Burmese citizen’s life. tional Guard unit mustering at the ar- to determine their own political des- For many in Burma, the prospect for mory in Bedford, Virginia. They drew tiny through free and competitive elec- life has become nasty, brutish, and their members from a town of only tions. short. Citizens continue to live a ten- 3,200 people and the rich country in In 1988, the government led by Gen- uous life, subject at any time and with- central Virginia nestled in the cool eral Ne Win—who overthrew the popu- out appeal to the arbitrary and too shadows of the Blue Ridge Mountains. larly elected government of Burma in often brutal dictates of a military re- On the morning of June 6th, 1944, 1962—brutally suppressed popular pro- gime. There continue to be numerous Company A led the 116th Infantry Regi- democracy demonstrations. In Sep- credible reports, particularly in areas ment and the 29th Infantry Division tember of that same year, the Govern- populated mostly by ethnic minority, ashore, landing on Omaha Beach in the ment, in a futile public relations gam- of extrajudicial killings and rape. Dis- face of withering enemy fire. Within bit to deflect international censure, re- appearances happen with sickening minutes, the company suffered ninety- organized itself into a junta of senior regularity. Security forces torture, six percent casualties, to include twen- military officers and renamed itself the beat, and otherwise abuse detainees. ty-one killed in action. Before night- State Law and Order Restoration Prison conditions are harsh and life fall, two more sons of Bedford from Council (SLORC). threatening. Arbitrary arrest and de- Companies C and F perished in the des- The SLORC seemed to bow to inter- tention for holding dissenting political perate fighting to gain a foothold on national opinion in 1990, when it per- views remains a fact of life. Since 1962, the blood-soaked beachhead. On D-Day, mitted a relatively free election for a thousands of people have been arrested, the town of Bedford, Virginia gave national parliament, announcing be- detained, and imprisoned for political more of her sons to the defense of free- fore the election that it would peace- reasons, or they have ‘‘disappeared’’. dom and the defeat of dictatorship, fully transfer power to the elected as- Reportedly, more than 1,300 political than any other community (per capita) sembly. prisoners languished in Burmese pris- in the nation. It is fitting that Bedford Burmese voters overwhelmingly sup- ons at the end of 1998. is home to the national D-Day Memo- ported anti-government parties, one of The Burmese judiciary is an SPDC rial. But we must remember that this which, the National League for Democ- tool. Security forces still systemati- memorial represents not just a day or racy (NLD)—the party of Aung-San cally monitor citizens’ movements and a battle—it is a marker that represents Suu-Kyi—won more than 60 percent of communications, search homes with- individual soldiers like the men of the the popular vote and 80 percent of the out warrants, relocate persons forcibly 116th Infantry Regiment—every one a parliamentary seats. without just compensation or due proc- father, son, or brother. Each sacrifice SLORC’s public promises were a fic- ess, use excessive force, and violate has a name, held dear in the hearts of tion. The military junta nullified the international humanitarian law in in- a patriotic Virginia town—Bedford. results of the elections and thwarted ternal conflicts against ethnic Mr. President, in memory of the men efforts by NLD representatives and insurgencies. from Bedford, Virginia who died on others elected in 1990 to convene the The SPDC severely restricts freedom June 6th, 1944, I ask unanimous con- rightfully elected parliament. of speech and of the press, and restricts sent that their names be printed in the Instead, SLORC convened a govern- academic freedom: since 1996, govern- RECORD at the end of my statement as ment-controlled body, the National ment fear of political dissent has a tribute to the town of Bedford, and Convention, with the goal of approving meant the closing of most Burmese in- every soldier, sailor, airman, and Ma- a constitution to ensure that the stitutions of higher learning. And even rine who has made the supreme sac- armed forces would have a dominant verbal criticism of the government is rifice in the service of our country. role in the nation’s future political an offense carrying a 20-year sentence.
VerDate Mar 15 2010 23:34 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\2000SENATE\S25MY0.REC S25MY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4450 CONGRESSIONAL RECORD — SENATE May 25, 2000 And while the SPDC claims it recog- money. I don’t know if the story is true Human Rights Committee resolution nizes the NLD as a legal entity, it re- or not. The point is that in Burma’s on Burma. The United States must fuses to recognize the legal political case, it easily could have been. In 1998– continue trying to develop a multilat- status of key NLD party leaders, par- 1999, the official exchange rate was 6 eral approach, particularly with the ticularly General-Secretary and 1991 Kyat to one dollar; the black market ASEAN nations, to bring additional Nobel Laureate Aung San Suu Kyi and rate was 341 Kyat to the dollar. This pressure to bear on the SLORC. her two co-chairs. The SPDC con- says it all. There is some indication that the strains their activities severely I could go on and on. But I don’t need sanctions are causing some hardships through security measures and threats. to. We all know that Burma’s economy for the SPDC. For example, last year The SPDC restricts freedom of reli- is a basket case. We all know that, for the SPDC let the International Com- gion. It exercises institutionalized con- the Burmese people, mere existence, mittee of the Red Cross back into trol over Buddhist clergy and promotes not life, is the norm. We all know that Burma under conditions the ICRC discrimination against non-Buddhist Burma cannot expect to begin the road found acceptable, including access to religions. It forbids the existence of do- to recovery, prosperity, and long term prisons and prisoners. Although there mestic human rights organizations and economic stability as long as the basic was no clear link to the impact of sanc- remains hostile to outside scrutiny of human rights and political will of the tions in getting the ICRC back in, some its human rights record. Violence and Burmese people are denied. analysts contend that the SPDC is societal discrimination against women The questions before us now are: heeding international pressure. This remain problems, as does severe child what tools do we have for stopping this may indicate that the SPDC could be neglect, the forced labor of children, government’s inhumanity toward its willing to make some positive changes, and lack of funding and facilities for own citizens and for giving hope to the even though it is still an open question education. Burmese people? Are the tools we are if they will change the ‘‘core behavior’’ In sum, as the latest biannual State now using the correct ones? that triggered the sanctions to begin Department report on: The debate over unilateral sanctions with. Conditions in Burma and U.S. Policy To- represents a fundamental question in The bottom line is that the current wards Burma notes, over the last six months the conduct of U.S. foreign policy: Are sanctions should not be lifted without the SPDC has made no progress toward U.S. interests advanced best by deep- some major concession by the SPDC. greater democratization, nor has it made any progress toward fundamental improve- ening relations or diminishing rela- To lift any sanctions without a conces- ment in the quality of life of the people of tions with a country that is not acting sion would send the wrong signal and Burma. The regime continues to repress the as we would like? give the SPDC the message that they National League for Democracy . . . and at- I do not endorse sanctions as a pan- could continue to stifle democracy. tack its leader, Aung San Suu Kyi, in the acea. Each case must be considered on We should make it clear that the state-controlled press. its own merits. United States stands on the side of de- Burma’s political repressiveness is In Burma, I believe the United States mocracy, human rights, and the rule of matched only by its poverty. Burma’s government had a responsibility to re- law in Burma. We should make it clear population is thought to be about 48 spond to a situation in which the that the United States stands on the million—we can only rely on estimates democratically-elected leaders had side of Aung San Suu Kyi and the Na- because government restrictions make been summarily thrown out of office, tional League of Democracy and that accurate counts impossible. The aver- assaulted, and imprisoned by renegade we support their efforts to return age per capita income was estimated to militarists. Burma and its government to the peo- be about $300 in 1998, about $800 if con- Consequently, in 1996, then-Senator ple. sidered on the basis of purchasing Cohen and I coauthored the current I am pleased to co-sponsor Senator power parity. sanctions legislation on Burma. The MOYNIHAN’s resolution which com- Things do not have to be this way. Cohen-Feinstein amendment required memorates the 10th anniversary of the Burma has rich agricultural, fishing, the President to ban new investment free and fair elections in Burma, and and timber resources. It has abundant by U.S. firms in Burma if he deter- calls on the SPDC to: guarantee basic mineral resources—gas, oil, and mined that the Government of Burma freedoms to the people of Burma; ac- gemstones. The world’s finest jade has physically harmed, rearrested for cept political dialogue with the Na- comes from Burma. But the economic political acts, or exiled Aung San Suu tional League for Democracy; comply deck is stacked against Burma. Kyi or committed large-scale repres- with UN human rights agreements; and Three decades of military rule and sion or violence against the Demo- reaffirms U.S. sanctions as appropriate economic mismanagement have cre- cratic opposition. to secure the restoration of democracy. ated widespread waste, loss, and suf- Shortly after Congress passed the I look forward to the day when the fering. Economic policy is suddenly re- Cohen-Feinstein Amendment, Presi- United States has cause to lift the versed for political reasons. Develop- dent Clinton implemented sanctions Cohen-Feinstein sanctions and wel- ment is killed by overt and covert against Burma. come Burma into the community of state involvement in economic activ- Unfortunately, since Cohen-Feinstein free nations. In the interim, I urge my ity, state monopolization of leading ex- went into effect on October 1, 1996 colleagues to support the Moynihan ports, a bloated bureaucracy, arbitrary there appears to be little improvement resolution. and opaque governance, institutional- in human rights conditions in Burma: f ized corruption, and poor human and The SPDC continues to implement its physical infrastructure. Smuggling is repressive policies. CONFIRMATION OF NICHOLAS G. rampant; the destruction of the envi- Nevertheless, until the SPDC shows a GARAUFIS, OF NEW YORK ronment goes on unabated. Decades of willingness to make progress towards Mr. MOYNIHAN. Mr. President, I rise disproportionately large military budg- democracy and improved human rights, to express great appreciation for the ets have meant scant spending on so- the Cohen-Feinstein sanctions must re- confirmation of Nicholas G. Garaufis to cial development and economic infra- main in place. be United States District Court Judge structure. The sanctions make us a leader on for the Eastern District of New York. I There is no price stability. The Bur- Burma and in forging a common inter- want to thank my colleague from New mese currency, the Kyat, is worthless. national position. I believe, for exam- York, Senator SCHUMER, and Senator There is a telling anecdote about this: ple, that the European Union would LEAHY, Chairman HATCH, Senator one year, Burma asked the U.K., then have a much softer line on Burma if LOTT, Senator DASCHLE, and all Sen- its primary foreign aid donor, to give it not for U.S. policy. The EU has no eco- ators for confirming the nomination of paper so that it could print more Kyat nomic sanctions in place, but has Judge Garaufis. Hailing from Bayside, because the Kyat was so devalued that taken some other measures, such as a New York, he is a graduate of both Co- Burma could not afford to buy the visa ban for members of the SPDC gov- lumbia College and Columbia School of paper needed to print it. Imagine, the ernment and support of the U.S. in in- Law and for the last five years has paper was worth more as paper than as troducing the annual United Nations served as Chief Counsel for the Federal
VerDate Mar 15 2010 23:34 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\2000SENATE\S25MY0.REC S25MY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 25, 2000 CONGRESSIONAL RECORD — SENATE S4451 Aviation Administration. He is su- In proclaiming the first National look forward to our continued work to- perbly qualified and I have every con- Missing Children Day in 1983, President gether. fidence he will make an excellent addi- Ronald Reagan noted, ‘‘Our children Ms. LANDRIEU. Mr. President, I rise tion to the Eastern District Court. are the Nation’s most valuable and to commemorate this very special day, f most vulnerable asset. They are our National Missing Children’s Day. Pro- link to the future, our hope for a better claimed by President Ronald Reagan in ARMED FORCES APPRECIATION life. Their protection and safety must 1983 and honored by every administra- DAY STATEMENT be one of our highest priorities.’’ Since tion since, May 25th is the day 6 year Ms. LANDRIEU. Mr. President, each that time, National Missing Children old Ethan Patz disappeared from a New year, on the third Saturday in May, the Day has been a reminder that we must York City street corner on his way to nation expresses appreciation and grat- strengthen our resolve to keep children school in 1979. His case remains un- itude to our military. In Louisiana, we safe. solved and is an annual reminder to the are proud of our men and women in I believe that the Federal Govern- nation to renew efforts to reunite miss- uniform and have a long-standing tra- ment can help state and local law en- ing children with their families and dition of honoring them every year. We forcement agencies reunite missing make child protection a national pri- are proud of the military in times of and runaway children with their fami- ority. As a mother of two beautiful war, and we are proud of the military lies. In particular, the Missing, Ex- children, I cannot imagine what I in times of peace. We know that with- ploited, and Runaway Children Protec- would do if my children were missing. out our fighting men and women ‘‘life, tion Act enacted by Congress last year All of us with children know that this liberty and the pursuit of happiness’’ is an example of an effective federal a parent’s greatest nightmare. Yet would be just hollow words. Since the and state partnership that reduces every 18 seconds a child disappears, and birth of our Nation, America’s Armed crime and prevents missing children so each day over three thousand par- Forces has served the United States cases. This law reauthorized the Na- ents go through the terror of losing with honor, courage, and distinction, tional Center for Missing and Exploited their child. both at home and abroad. America’s Children and the Runaway and Home- The Theme of this year’s National patriots have assumed a sacred duty, less Youth Program through fiscal year Missing Children’s Day is ‘‘Picture understanding that our history, our 2003 and provides local communities them Home.’’ This national public heritage, and our honor, require us to with the resources to find missing chil- awareness campaign is aimed at en- bear the burdens of sacrifice. We ac- dren and prevent child victimization. couraging the public at large to be knowledge and applaud their selfless In my home state, the Jacob aware of their important role in the re- service, courage, and dedication to Wetterling Foundation and Missing covery of these children. One in six duty. Children Minnesota have worked effec- children featured in the National Cen- Today, thousands of troops are de- tively to locate missing children and ter for Missing and Exploited Chil- ployed throughout the world, operating raise public awareness about ways to dren’s photo-distribution program is in every time zone, and in every cli- prevent child abduction and sexual ex- recovered as a direct result of someone mate defending our freedom. Our sail- ploitation. Additionally, the Minnesota in the public recognizing the child in ors and Marines are aboard ships and Association of Runaway Youth Serv- the picture and notifying the authori- submarines in the Adriatic. Our Air ices, comprising eighteen nonprofit ties. Unlike so many of our national Force and Navy pilots fly the perilous agencies in Minnesota, has been instru- tragedies, we can do something to help skies over Iraq. Our soldiers keep the mental in providing services to run- return a missing child to their fami- vigil and preserve the peace in the away and homeless youth and their lies. I urge the American public to real- former Yugoslavia. They do it to pro- families. Their efforts have been guided ly look closely at pictures of missing mote American values: democracy and by the Runaway and Homeless Youth children they see. The small gesture freedom from the oppression of dema- Program, which provides resources to can be the key to reuniting a mother gogues, tyrants and totalitarian gov- community-based organizations to pro- or father with their missing child. ernments. The peace and freedom so vide outreach, temporary shelter, and In closing, I would like to commend longed for by people throughout the counseling each year to thousands of those individuals who were honored world often starts over here, on Amer- Minnesota’s homeless young people. this morning by the National Center ican soil. When our Armed Forces go I am also working to secure federal for Missing and Exploited Children overseas, they take with them our na- funding to support the State of Min- (NCMEC), the Fraternal Order of Police tional values: a tradition of democracy nesota’s development of a statewide and the Office of Juvenile Justice and and a love of individual liberty. Our criminal justice information sharing Delinquency Prevention at the U.S. De- service members are truly freedom’s system that would allow police, judges, partment of Justice Fifth Annual Na- ambassadors. and other criminal justice profes- tional Missing and Exploited Children’s So on behalf of the state of Louisiana sionals to communicate quickly about Awards Ceremony. and a grateful nation, we thank you. the criminal histories of violent offend- Sergeant Investigator Awilda We thank you for all that you give to ers. My proposal will help to provide Cartagena, Texas Dept. of Public Safe- us every day of your lives. We thank local communities with the technology ty—For the recovery of Johnny Tello, those serving on active duty, those to identify criminals and protect our a family abduction victim from Dallas, standing by in the Reserves and Na- communities from sexual predators and Texas, after a six-year search. Special tional Guard, and we thank all family violent offenders. Agent K. Jill Hill, Federal Bureau of members for their patience and their As chairman of the Minnesota House Investigation, Little Rock, Arkansas— sacrifices. Thank you for your devotion Crime Prevention Committee, Rep- For the location and recovery of non- to duty, for your loyalty, for your resentative Rich Stanek recently led family abduction victim, three-year- courage and for your patriotic and pro- the effort to pass ‘‘Katie’s Law’’—legis- old Destiny Leann Richards, who was found love of country. lation that will provide state funding kidnapped from her home in Mabelvale, f for an integrated criminal justice sys- Arkansas, on June 11, 1999, and located tem. I greatly appreciate Representa- in a wooded area the next evening fol- NATIONAL MISSING CHILDREN tive Stanek’s dedication to improving lowing extensive ground searches. De- DAY the Minnesota criminal justice system tective Captain David W. Bailey, ac- Mr. GRAMS. Mr. President, I rise and the opportunity to work with him cepting for the Lancaster (Ohio) Police today to promote awareness of missing on this very important public safety Department—for the successful local children and honor those who work to initiative. location and recovery of three-year-old search and rescue the thousands of Mr. President, I again commend the Ashley Taggart, abducted in April 1999 children who disappear each year. As numerous volunteers, organizations, and found three days later in the home my colleagues may know, today is rec- businesses, state legislators, and gov- of a twice-convicted sexual predator. ognized as National Missing Children ernment agencies who all work on a Senior Resident Agent Scott Wilson, Day. daily basis to find missing children. I Federal Bureau of Investigation,
VerDate Mar 15 2010 23:34 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\2000SENATE\S25MY0.REC S25MY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4452 CONGRESSIONAL RECORD — SENATE May 25, 2000 Painesville, Ohio, Township Division— What truly disturbs me, Mr. Presi- It is for these reasons, that I plan to for the recovery of Nicole Nsour, an dent, is that General Ojdanic’s visit introduce an amendment to the foreign international child abduction victim, was not just for fun. He was there to operations appropriations bill that will whose non-custodial father abducted work—to reestablish the links between restrict material and economic assist- her and held her in Jordan for over two the Milosevic regime and the Kremlin. ance the United States provides to the months. Postal Inspector Paul Groza, While in Moscow, he held official talks Russian Federation. There is no reason Jr., U.S. Postal Inspection Service- with Defense Minister Sergeyev, Army why the United States should be pro- Northwest Portland, Oregon—for the Chief of Staff Anatoly Kvashnin, and viding Russia loan forgiveness and eco- investigation resulting in the convic- Foreign Minister Ivanov. nomic assistance when the Kremlin tion of Jonathon and Sarah Aragorn On May 16, four days after General continues to support a regime in Serbia for their construction of a Web Site to Ojdanic’s visit to Moscow, Russia an- whose forces directly threaten our procure children for sexual relations nounced that it has provided the Ser- troops and those of our allies trying to with themselves and their children. Of- bian regime of Slobodan Milosevic with bring peace to the Balkans. ficer James E. Lee, Lake Bluff, Illinois, $102 million of a $150 million loan. The This amendment does four things: Police Department—For the investiga- Russian government also announced First, it reduces assistance obligated tion and arrest of Donald C. Moore, a that it will facilitate the sale to Serbia to the Russian Federation by an local child mentor who was victimizing of $32 million worth of oil, despite the amount equal in value to the loans, fi- area youth entrusted to his care. De- fact that the international community nancial assistance, and energy sales tective Michael Schirling, Burlington, has imposed economic sanctions the Government of the Russian Federa- Vermont, Police Department—For the against the Milosevic regime. tion has provided and intends to pro- investigation and apprehension of a 19- I confess that I am impressed by the vide to the Milosevic regime. year-old fraternity president, summer audacity of Russian President Putin. Second, it ensures U.S. opposition to camp counselor and student at the Uni- Here he is, providing the Milosevic re- the extension of financial assistance to versity of Vermont at Burlington, for gime with over $150 million in eco- Russia from the International Mone- possession of child pornography and nomic support while seeking debt relief tary Fund, the World Bank and other child sexual abuse. from the international community and international financial institutions. Third, it suspends existing programs f loans from the International Monetary Fund. He is doing this while his coun- to Russia provided by the Export-Im- RUSSIA AS A RESPONSIBLE try seeks and receives food aid from port Bank and the Overseas Private In- PARTNER the United States. vestment Corporation. ∑ Mr. HELMS. Mr. President, one of What should we conclude from all Fourth, it ensures the United States will oppose proposals to provide Russia the myths dear to President Clinton’s this? heart these days is that the govern- First, President Putin seems com- further forgiveness, restructuring, and ment of Russia has been ‘‘a supportive fortable ignoring the requirement to rescheduling of its international debt. Mr. President, I sincerely believe and reliable partner in the effort to arrest and transfer indicted war crimi- that a partnership with Russia is pos- bring peace and stability to the Bal- nals to The Hague. I suppose we can sible and indeed, would serve the inter- kans.’’ That myth was shattered once just add this to the long list of inter- ests of both countries. A strategy of national obligations Mr. Putin sees fit again earlier this month when a war engagement, however, cannot and must to disregard. criminal indicted by the International not ignore reality. Partnership cannot Second, Russia does not share Criminal Tribunal for the Former occur when Russia blatantly supports a NATO’s goals and objectives in bring- Yugoslavia, ICTY, was hosted in Mos- regime that continues to threaten sta- ing peace and stability to the Balkans. cow—not by Russia’s criminal under- bility in the Balkans, whose calling If it did, its leaders would not be so world—but by the Kremlin itself. cards are ethnic cleansing and political General Dragolub Ojdanic, Minister brazenly and warmly supporting senior repression, and that continues to of Defense of the Federal Republic of officials of the Milosevic regime. Third, the Kremlin must regard threaten U.S. soldiers in the field. Yugoslavia, visited Moscow for nearly I will be pleased to treat Russia as a Western, and particularly, U.S. eco- a week earlier this month—from May responsible partner when it behaves as nomic assistance and aid to be uncon- 7–12, 2000. He was there as a guest of one.∑ the government of the Russian Federa- ditional. He has evidently concluded tion and enjoyed the privilege of at- that he can conduct his foreign policy f tending President Vladimir Putin’s in- with impunity and still count on the BIRTHDAY OF KATHERINE auguration ceremonies. West’s economic largesse. The fact that ‘‘KITTY’’ WILKA As Slobodan Milosevic’s military the hospitality and support provided to Mr. DASCHLE. Mr. President, Chief of Staff during the Kosovo war, these Serbian war criminals occurs just ‘‘Mother’s Day’’—that special day General Ojdanic was directly respon- one month before President Clinton’s when children the world over celebrate sible for the Serbian military’s ethnic visit to Moscow shows how little re- and honor their mothers—falls during cleansing campaign in Kosovo. For spect Putin has for the policies of the the month of May. Appropriately, the this, the General was indicted by the United States. month of May is also the month when ICTY for crimes against humanity and Mr. President, what concerns me one of the most selfless and dedicated violations of the laws and customs of most about the relationship between mothers I know celebrates her birth- war for alleged atrocities against Alba- the Kremlin and the Milosevic regime day. Today, I would like to share the nians in Kosovo. is the threat it poses to our men and story of that remarkable woman from Mr. President, the ICTY has issued women in uniform serving in the Bal- my home state of South Dakota. international warrants for General kans—and those of our allies. The po- I have known and admired Katherine Ojdanic’s arrest and extradition to The litical support the Kremlin provides ‘‘Kitty’’ Wilka for more than two dec- Hague. The Russian Federation, a per- Slobodan Milosevic directly jeopardizes ades. Today, as she celebrates her 70th manent member of the United Nations the safety and security of American birthday, she will be surrounded by nu- Security Council which established the and allied forces deployed in the Bal- merous family members and friends. ICTY, has an obligation to arrest Gen- kans. This outreach by Putin to the Kitty Wilka is the mother of 12, the eral Ojdanic and extradite him to The Milosevic regime only encourages that grandmother of 29 and, as of last week, Hague if and when they have the oppor- brutal dictator to continue his policies the great-grandmother of 3. But it is tunity. of destruction in the Balkans. not just the size of the Wilka family But what did President Putin and his While we are trying to force the that is noteworthy. It is also the qual- regime do when Ojdanic was in Mos- Milosevic regime to step down and to ity of their character and the diversity cow? Instead of arresting and sending turn power over to Serbia’s democratic of their accomplishments. him to The Hague, they provided a opposition, Russia is signaling to Kitty Wilka and her late husband, week of fine food and camaraderie and Milosevic that he can survive and even Bill, led by example and instilled admi- a privileged seat at the Putin inau- outlast the Alliance—and that Russia rable values in all their children. Wid- guration! will help him prevail. owed for over a decade, Kitty is the
VerDate Mar 15 2010 23:34 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\2000SENATE\S25MY0.REC S25MY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 25, 2000 CONGRESSIONAL RECORD — SENATE S4453 heart and soul of her extended family. (Five trillion, five hundred ninety- country. Hezbollah must be disarmed. She is a role model for her children and seven billion, nine hundred forty-three The Syrian military must be evicted. grandchildren. Her life example epito- million). The world is watching and the time is mizes both the love of family and com- Five years ago, May 24, 1995, the Fed- now. mitment to community. eral debt stood at $4,887,785,000,000 The citizens of northern Israel—in- Kitty has raised public servants, (Four trillion, eight hundred eighty- deed all Israelis—deserve to live within community and church leaders and seven billion, seven hundred eighty- secure borders in peace. If they cannot, business owners. After working for 18 five million). it is the solemn obligation of the years at McKennan Hospital in Sioux Ten years ago, May 24, 1990, the Fed- Israeli government to secure those bor- Falls, she continues to contribute to eral debt stood at $3,094,795,000,000 ders and to hunt down those who vio- her community, volunteering at St. (Three trillion, ninety-four billion, late it and eliminate them. For my Lambert’s Catholic Church and its seven hundred ninety-five million). part as a United States Senator, I in- school. Fifteen years ago, May 24, 1985, the tend to do all that I can to support I must confess that I have personally Federal debt stood at $1,751,794,000,000 Israel in that aim, and to ensure that benefitted from the Wilka family’s be- (One trillion, seven hundred fifty-one the means and the political, diplomatic lief in public service. Kitty’s son, Jeff, billion, seven hundred ninety-four mil- and material support are at hand for has volunteered in my Sioux Falls of- lion) which reflects a debt increase of the Israeli government to do just that. fice since my first election to the U.S. almost $4 trillion—$3,924,967,996,112.82 This month could be a turning point House of Representatives in 1978. (Three trillion, nine hundred twenty- for Lebanon, for Syria and for Israel. Born with cerebral palsy, Jeff grew four billion, nine hundred sixty-seven Or it could be the beginning of a new up with a positive attitude and a deter- million, nine hundred ninety-six thou- cycle of conflict. I pray that the Leba- mination to be involved in his commu- sand, one hundred twelve dollars and nese and the Syrians will be smart nity. He has been a loyal, dedicated eighty-two cents) during the past 15 enough to seize the opportunity for and valued member of my Sioux Falls years. real peace in the Middle East. staff for over two decades. In fact, Jeff f f has become a fixture of sorts, having LEBANON COMMEMORATING FREE the second longest running tenure on ELECTIONS IN CROATIA my staff. Mr. BROWNBACK. Mr. President, earlier this week, the Senate passed Mr. GORTON. Mr. President, today I With the help of his loving mother rise with my colleagues, Senators and close-knit family, Jeff has over- Concurrent Resolution 116, com- FEINGOLD, HUTCHINSON, ABRAHAM, and come many obstacles in his life, includ- mending Israel’s withdrawal from Leb- LIEBERMAN, to introduce a resolution anon. The resolution notes the original ing physical ailments that required congratulating the people of Croatia on reason Israel was forced to occupy a surgery and therapy, and a dependency their successful parliamentary and narrow security strip in southern Leb- on alcohol. He has been sober for 11 presidential elections, the peaceful anon—constant attacks on Israeli civil- years and is an ardent worker on behalf transition of power, and new initiatives ians from Lebanon-based terror groups. of many civic causes, including the for reform. In addition to congratu- Israel had no designs on Lebanese ter- Children’s Care Hospital and School, lating the people of Croatia, the resolu- ritory; the Jerusalem government was the March of Dimes and Easter Seals. tion solidifies U.S. support for their forced to do the job that the central He also has a deeply held faith in our progress and encourages Croatian par- electoral process, working in the polit- Lebanese authorities were unable or ticipation in the NATO Partnership for ical trenches for many years for a vari- unwilling to perform. Peace program. One day, I hope that Lebanon is in a sad situation. It is a ety of local, state and federal can- we will be expressing our support for nation torn by sectarian strife, occu- didates in whose philosophy he be- Croatia, and other nations with similar lieves. pied by tens of thousands of Syrian democratic inclination, in NATO itself. I am proud of what Jeff has accom- troops, and overrun with terrorists. In Mr. President, the Balkan nations plished and the significant challenges the final analysis, however, the govern- that are embracing democracy must be he has overcome. I think he would be ment of Lebanon must be called to ac- supported at every opportunity avail- the first to tell you that his successes count. For more than two decades, the able because the government could so have been based upon the solid Mid- international community has be- easily have taken the other path. The western values that Kitty and Bill moaned Lebanon’s fate without de- leaders of Croatia could have chosen to Wilka instilled in him and his siblings. manding responsible leadership. That repress popular involvement and other They taught their children to work era is now over. fundamental rights of democracy, but hard, to never give up and to do their There are Christians and Muslins in instead they have chosen the harder part to improve the communities in southern Lebanon whose fate hangs in but correct path of working through which they live. It is clear that Jeff the balance. They have been under the discourse, debate, and democracy. Be- has taken those lessons to heart. protection of Israel for more than two cause we have also been through these Kitty Wilka has much to be proud of decades. What will happen to them? trials as a nation, it is my hope that in her life. And I know that her loving Will they be subject to the whims of the American people will watch closely family is extremely proud of her. I yet another Lebanese militia, a the progress of the Croatian people and want to join her 12 children, 29 grand- Hezbollah state within a state? Will will support their path to freedom, sta- children and 3 great-grandchildren in Christians be forced to flee, as they bility, and peace. wishing Kitty the very best on her have from the West Bank and from so The most important benefit to come birthday. She deserves it. many other states? Or will the Leba- out of this election will hopefully be Happy 70th birthday, Kitty! nese central government and the Leba- the resolution of Croatia’s domestic f nese Army, as required under United difficulties. Through the successful Nations Security Council resolutions, election, the Croatian people have THE VERY BAD DEBT BOXSCORE take control of southern Lebanon and taken the reins of control. In addition Mr. HELMS. Mr. President, at the ensure safety and security for all? to the power instilled by this self-de- close of business yesterday, Wednes- Will the Lebanese government allow termination, the Croatian people are day, May 24, 2000, the Federal debt the United Nations and UNIFIL to do hopefully now spurred to take up the stood at $5,676,761,996,112.82 (Five tril- its job and deployment throughout the mission of reform that might further lion, six hundred seventy-six billion, South? Or will Lebanon remain a pawn improve their government. Among the seven hundred sixty-one million, nine in the hands of terrorists, a puppet stated goals of President Mesic are the hundred ninety-six thousand, one hun- state in the hands of Syria and Iran? reintroduction of Serbian refugees to dred twelve dollars and eighty-two This is the test. The President and the the homes they left behind, reform of cents). Congress have demanded that Lebanon the privatization system that has faced One year ago, May 24, 1999, the Fed- secure its southern border and re- serious corruption allegations, and sup- eral debt stood at $5,597,943,000,000 integrate southern Lebanese into the port for the International Criminal
VerDate Mar 15 2010 23:34 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\2000SENATE\S25MY0.REC S25MY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4454 CONGRESSIONAL RECORD — SENATE May 25, 2000 Tribunal for the Former Yugoslavia. its way to the Vietnam Memorial on Today, I am especially pleased to an- These improvements would certainly Memorial Day 1988, 2,400 motorcycles nounce that S. 484 passed the Senate go far to legitimize the new Adminis- banded together for the ride. Some last Wednesday, May 24th. Now we tration in the view of the international 5,000 Veterans, their wives, children, need to get it passed in the House of community but more importantly, in and other citizens of all backgrounds Representatives and enacted into law. the eyes of the Croatian people. Presi- gathered near the Vietnam Memorial Rolling Thunder was also helpful in dent Mesic’s continued efforts on these Wall to honor and remember our na- getting another important bill enacted fronts will show its people that their tion’s POW/MIAs. Since then, Rolling into law, the National POW-MIA Rec- new government takes seriously the Thunder has grown into an inter- ognition Act, legislation I sponsored in need for honesty and accountability. national event that garners national the 105th Congress. As the government wins the support attention and focuses it on remem- This law requires that the POW-MIA of its people, I am also encouraged by bering our POW/MIAs. In fact, Rolling flag be displayed on important national the efforts of the new Administration Thunder has become such a large pres- buildings—all across America—on six to get involved with the European com- ence that anyone who happens to be important days. These days include: munity. In such a volatile region, a na- anywhere near our nation’s Capital Memorial Day, Veterans Day, Inde- tion uniting the many groups will be cannot help but notice it. For example, pendence Day, Armed Forces Day, Flag the key to fostering a stable political last year’s Rolling Thunder run in- Day and National POW-MIA Recogni- and economic atmosphere. Part of the cluded over 250,000 motorcycles and tion Day. victory of democracy in Croatia has 400,000 participants. There were people Rolling Thunder captures the Amer- been the new spirit of regional har- at last year’s run from every state in ican people’s attention—and those mony that I hope will spread to its the nation, and many foreign countries elected to represent them—and then neighbors. Peace in the Balkan nations including Canada, England, Germany, brightly focuses our attention on re- will only come with honest attempts to France, Austria, Holland, South Korea, membrance of, and continuing duty to, live with difference, and Croatia will be Australia and New Zealand. Made up of our nation’s POWs and MIAs. a leader in the efforts for peace there. over 40 Chapters throughout the United Thank you, Mr. President. I yield the In addition to better conditions in States, Rolling Thunder is a volunteer, floor. the Balkans, democracy will encourage non-profit organization. I would like to thank the several or- f the involvement of other foreign na- ganizations whose support and efforts H.R. 4489 IMMIGRATION AND NATU- tions. Just two weeks ago, Croatian have helped make Rolling Thunder pos- RALIZATION SERVICE DATA President Stipe Mesic met with French sible here in Washington D.C. for the MANAGEMENT IMPROVEMENT President Jacques Chirac to discuss an past twelve years: the Virginia Police, ACT OF 2000 agreement on stabilization and associa- Virginia State Police, Maryland Po- tion, as well as the Croatian entrance Ms. COLLINS. Mr. President, I rise lice, D.C. Metropolitan Police, Park to the NATO Partnership for Peace today to express my strong support for Police, Park Services and the Pen- program. The resolution I am sup- H.R. 4489, the ‘‘Immigration and Natu- tagon. porting today suggests U.S. support for ralization Service Data Management I also want to take this opportunity Improvement Act of 2000.’’ Passage of the addition of Croatia in the partner- to highlight some legislation I spon- ship, and I am happy to inform my col- this legislation will repeal Section 110 sored and Rolling Thunder supports. of the Illegal Immigration Reform and leagues that the nations of NATO have Rolling Thunder’s input and support announced that Croatia will become a Immigrant Responsibility Act of 1996 has been invaluable to the legislative and prevent it from ever being imple- full member of the Partnership for process. mented. Peace program today. This is truly a The first bill I want to mention is S. Section 110 of the 1996 Immigration great accomplishment, and it affirms 484, the Bring Them Home Alive Act of law was intended to track individuals the commitment of all NATO allies to 1999. This legislation would grant asy- who overstay their legally permissible help Croatia in its chosen path. lum in the United States to foreign na- visit in the U.S. However, to accom- In addition to my appreciation for tionals from key countries who person- the democratic and international ally deliver a living American POW/ plish that well-intentioned goal, this progress of the Croatian people, I MIA from either the Vietnam War or law required all foreign travelers or would also like to take this oppor- the Korean War to the United States. U.S. permanent residents to be individ- tunity to thank the work of the Cro- A key section of this bill would help ually recorded at ports of entry. In atian American Association in bringing spread news of the Bring Them Home practical effect, the provisions would this subject to my attention and to the Alive Act around the world. This is bring traffic to a halt on the Canadian attention of the American people. The needed to help make sure that the key border for miles. Croatian American community has foreign nationals who need to hear Those of us who represent states worked tirelessly to create bonds of about this act, hear about it. The bill along the Canadian border are well- friendship between our two nations, calls on the International Broadcasting aware of the close bonds between the and I hope that as Croatia becomes Bureau to use its assets, including U.S. and Canada. The U.S.-Canadian more democratic and involved in WORLDNET Television and its Inter- border is the longest continuous open worldwide political affairs that we, as net sites, to spread the news. The bill border in the free world and Canadians Americans, will continue to support also calls on Voice of America, Radio come into our country freely and easily them. Free Europe and Radio Free Asia to under current U.S. policy. In Maine, Mr. President, I hope that this reso- participate. our ties with Canada are particularly lution will be an additional bond be- If this bill leads to even one long-held deep because many Mainers’ extended tween two nations that democratic te- POW/MIA being returned home to families live across the border in Can- nets have already joined. America alive this effort will be well ada. Our current border-crossing policy f worth it—10,000 times over. Even allows these family members to quick- though it has been decades since these ly and easily cross the border every ROLLING THUNDER’S 13TH two wars ended, they have not ended day in order to be with a husband, wife, ANNUAL RIDE FOR FREEDOM for any Americans who may have been a brother, a sister, cousin or even in- Mr. CAMPBELL. Mr. President, left behind and are still alive or their laws as the case may be. today I want to recognize the 13th An- families and friends. As long as there Canada is not only our friend and nual Rolling Thunder ‘‘Ride for Free- remains even the slightest possibility ally, but our largest trading partner— dom’’ and highlight the important role that there may be surviving POWs in it is important to maintain and foster Rolling Thunder plays in making sure these regions, we owe it to our Sol- our relationship with our neighbor to that our nation’s POW/MIAs are hon- diers, Sailors, Airmen and Marines to the North by promoting U.S.-Canadian ored and never forgotten. do everything possible to bring them friendship and trade. The ill-thought The first time that Rolling Thunder’s home alive. This is the least we can do out provisions passed as part of the 1996 Ride for Freedom roared and rumbled after all they have sacrificed. immigration law would grossly delay
VerDate Mar 15 2010 23:34 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\2000SENATE\S25MY0.REC S25MY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 25, 2000 CONGRESSIONAL RECORD — SENATE S4455 all those crossing the Northern border tion projects, improves the quality of extend a warm welcome to His Excel- from Canada, and injure the Northern life for the men and women who are lency, Mugur Isarescu, the Prime Min- economy as critical trade and travel serving our country in the armed ister of Romania. Prime Minister routes are slowed. In my State of forces, and sustains the readiness of Isarescu’s visit is very well-timed. Maine, this new border policy would our armed forces. These areas are tra- United States’ policy in the Balkans is have the most immediate impact on ditionally underfunded, and this bill at a decisive point. We took an ex- border communities such as Calais, provides the necessary funds to help tremely important vote in the Senate Houlton, Madawaska, Fort Kent, and make up for this shortfall. For these last week that served as a litmus test reasons, I did not support the Daschle Jackman. Businesses in these commu- for our commitment to the region. I amendment when it came before me on nities rely on Canadians to cross the am relieved at the results. Ultimately, border each and every day in order to a procedural vote on May 16, 2000. the United States did not sent the buy their goods and services. In addi- Subsequent to the procedural vote on wrong signal to Serbia about our inten- tion, the impact on critical Maine the Daschle amendment on May 16, tions. However, the amendment by the trade, including lumber and tourism, 2000, Senators LOTT and DASCHLE would extend beyond these commu- reached an agreement to have two up Senior Senators from Virginia and nities and reverberate across my State. or down votes—one on the aforemen- West Virginia, gave the Senate the op- The bill we consider today, H.R. 4489, tioned Daschle amendment and an- portunity to reevaluate our role in the the Immigration and Naturalization other on an amendment to be offered Balkans. The debate of that amend- Service Data Management Improve- by Senator LOTT. Under the agreement, ment highlighted the need to establish ment Act of 2000, repeals Section 110 of debate on the amendments was limited a more coherent rationale for our lead- the Immigration law. In its place, the by a time agreement. ership in the region. Once this leadership agreement was bill directs the Immigration and Natu- Mr. President, that is why the Prime reached, it became apparent that the ralization Service to amass data al- Minister’s visit is so opportune. The ready collected at entrance and depar- Daschle amendment would no longer indefinitely delay the Military Con- United States has rarely had an ally ture points in an electronically search- that has suffered so much for the re- able manner. The legislation explicitly struction Appropriations Bill. There- fore, my previous objections to this ward of serving a just cause. However, states no new documentary require- that is precisely what Romania has ments or data collection can be di- amendment were no longer relevant. The Daschle amendment is a ‘‘Sense done. Romania enjoys good relations rected as a result of the passage of this of the Senate’’ amendment. After stat- with all of its neighbors, but the his- bill, ensuring that INS new database ing a number of findings, the amend- torical links with Yugoslavia were par- will rely on already available data. ment states, among other things, that Those of us who represent the north- ticularly strong. Yugoslavia, under it is the Sense of the Senate that ‘‘Con- ern regions of our country have been Tito, was a role-model for how Roma- gress should immediately pass a con- working for over four years now to re- nia could find a middle path between ference report to accompany’’ the Ju- peal Section 110. With the support of the superpowers and allow western in- venile Justice Bill that includes the Senate colleagues, the deadline for im- fluence without provoking the Soviets. Senate passed gun-related provisions. As you might expect, they shared plementation of the entry/exit control During the Senate’s debate of the Ju- system for land and sea points of entry strong commercial and economic ties. venile Justice Bill in May of 1999, I sup- Furthermore, the Danube, the critical has been postponed until March 31, ported the Lautenberg amendment, and life-line for intra-European trade, runs 2001. But until now, we have been un- other amendments to close the gun through both countries. able to break the impasse that left Sec- show loophole in the Brady Act. I also tion 110 in place. I salute all the efforts supported an amendment to require li- Because of Romania’s stalwart sup- which have yielded this ground break- censed firearm dealers to provide a se- port of the NATO mission in Kosovo, ing agreement today, particularly the cure gun storage or safety device when we have compelled them to forgo these hard work of Senator ABRAHAM who a handgun is sold, delivered or trans- ties. It has come at great economic has worked tirelessly on this issue. I ferred. Unfortunately, the Juvenile cost, and I believe that is incumbent look forward to passage of H.R. 4489, Justice Bill has been locked in a House upon the United States, and all of and a final end to the threat to the and Senate Conference Committee. NATO to recognize this sacrifice. How- economy posed by Section 110 of the I remain firm in my stance on these ever, beyond calling attention to the 1996 Immigration law. issues. I certainly hope that House and steadfastness of Romania and other Thank you, Mr. President. I yield the Senate conferees can reach an agree- floor. Partnership for Peace nations in our ment in conference on the Juvenile Kosovo mission, the Prime Minister’s f Justice Bill. And, I will continue to visit also represents a true oppor- DASCHLE AMENDMENT NO. 3148 support the common-sense gun provi- tunity. Romania has had to cope with sions that passed the Senate during the Mr. WARNER. Mr. President, on May instability and shifting power-strug- Juvenile Justice debate. I believe the 16, 2000, the United States Senate took gles throughout its history. We are for- Senate passed gun-related amendments a procedural vote on Senator tunate to have an ally who can provide to the Juvenile Justice Bill will help DASCHLE’s amendment to S. 2521, the wise counsel as we navigate our way keep guns out of the hands of convicted Military Construction Appropriations felons and increase public safety with- through this region. Furthermore, Ro- Bill. Senator DASCHLE lost this proce- out infringing on the rights of law- mania’s help comes from a faultless dural vote by a vote of 42–54. abiding citizens. Therefore, when it be- motivation. Romania would like to be I did not support the Daschle amend- came clear that the Daschle amend- embraced by the institutions of the ment at that time because it was a pro- ment would not indefinitely delay con- West. They earnestly desire to partici- cedural amendment to an unrelated sideration of the Military Construction pate in NATO and the European Union. bill. This unrelated Daschle amend- Appropriations Bill, I supported this Rather than play a game of horse-trad- ment kept the Senate away all day amendment and voted for it on May 17, ing, Romania has tried living up to the from the important business of the 2000. ideals of NATO membership before en- Military Construction Appropriations tering the alliance. Bill. In addition, it appeared that the f Daschle amendment might indefinitely ADDITIONAL STATEMENTS Mr. President, I would again like to delay consideration of this important welcome the Prime Minister, thank the bill. As Chairman of the Senate Armed Romanian people for their sacrifice in Services Committee, I have a responsi- SENATOR LANDRIEU WELCOMES the Kosovo conflict, and wish the Ro- bility to secure passage of the impor- HIS EXCELLENCY, MUGUR manian government well as it seeks to tant Military Construction Appropria- ISARESCU further the excellent working-relation- tions Bill. This bill provides critically ∑ Ms. LANDRIEU. Mr. President, I ship that we have established since the needed funding for military construc- would like to take this opportunity to end of Communism.∑
VerDate Mar 15 2010 23:34 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\2000SENATE\S25MY0.REC S25MY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4456 CONGRESSIONAL RECORD — SENATE May 25, 2000 CONGRATULATING CENTRAL Trustee for the Hotel Employees and medical care. Helen Porter Nursing FALLS HIGH SCHOOL Restaurant Employees International Home provides skilled and inter- ∑ Mr. L. CHAFEE. Mr. President, on Union Welfare/Pension Funds. mediate care to residents in a home- May 6th, twenty-five outstanding stu- As Chairman of the Colorado River like environment where privacy is hon- dents from Central Falls High School Commission of Nevada, Richard is Ne- ored and individuality respected. in Rhode Island visited Washington to vada’s ambassador on the Colorado The devoted and professional staff of compete in the national finals of the River. With shrewdness and finesse, he both institutions provide the full range ‘‘We The People . . . The Citizen And has developed positive relations with of health care from outpatient services The Constitution’’ program. This is the officials of the Colorado River basin and rehabilitation, to long-term care third time that the Central Falls High states. His political skill has firmly re- and Wellness programs. Additionally, School team has won the statewide established Nevada as a player on the Porter Hospital and Helen Porter Nurs- competition, and I would like to com- important issues of the Colorado River ing Home have contributed signifi- mend their achievement. community. He also made the criti- cantly to the economic vitality of the The ‘‘We The People . . . The Citizen cally needed expansion of Southern Ne- region as major employers and active And the Constitution’’ program focuses vada water facilities a reality when he members of the Addison County busi- on teaching our nation’s students brokered a financial plan with the busi- ness community. about the history, philosophy, and ness, developer, and gaming commu- In a rural state such as Vermont, we meaning of the Constitution and the nities. count our successes one community at Bill of Rights, as well as increasing Over the years, Richard Bunker has a time. We hold our institutions dear civic participation. The national finals also been recognized by a variety of and we thank the men and women who competition simulates a congressional distinguished organizations. In 1993, he devote their lives to improving the hearing in which students testify as received the prestigious Nevadan of the health status of our state. constitutional experts before a panel of Year award from the University of Ne- Porter Hospital and Helen Porter judges. vada, Las Vegas. The Anti-Defamation Nursing Home have displayed a stead- I am very proud of Francisco Araujo, League honored Richard with the Dis- fast commitment to improving the Sean Brislin, Andrzej Budzyna, Delia tinguished Community Service Award quality of life for the people of Addison Buffington, Eloisa Dellagiovanna, Ra- in 1996. In June 1999, he was presented County. The citizens of Vermont are chel Dittell, Renee Dittell, Matthew with the Lifetime Achievement Award tremendously grateful for that com- Doucett, Ricky Ferreira, Hipolito by the Nevada Gaming Attorneys and mitment, and I join them in sharing Fontes, Michelle Fontes, Sonia Gaitan, the Clark County Bar Association. gratitude. Thank you.∑ Jennifer Golenia, Joshua Lapan, Celia For those of us who have had the f Marques, Edward Pare, Kassandra pleasure to work closely with Richard, TRIBUTE TO NAVY REAR ADMIRAL Reveron, Helen Reyes, Kathleen Roach, as I have, the above awards pale in JOHN D. HUTSON, USN Amy Rodrigues, Anthony Rodrigues, comparison to his true grit. He is ∑ Mr. LEVIN. Mr. President, I rise Jennifer Savard, Cassie Tripp, Monica knowledgeable of the system of govern- today to recognize and pay tribute to Vicente, and Leslie Viera for making it ment and totally aware of the magic of Rear Admiral John D. Hutson, USN, to the national finals. I applaud this our system of free enterprise. For the the Judge Advocate General of the terrific group of young men and women growth and development of southern Navy. Admiral Hutson will retire from for their hard work and perseverance. Nevada, no one for the past twenty-five the Navy on August 1, 2000, having Also, Mr. President, I want to con- years has played a more key role than completed a distinguished 27-year ca- gratulate Jeffry Schanck, a fine teach- Richard Bunker. On a more personal note, Richard has reer of service to our Nation. er who deserves so much credit for Admiral Hutson was born in North guiding the Central Falls High School played an important part in my polit- ical endeavors. He has been an advisor, Muskegon, Michigan, and is a graduate team to the national finals. of Michigan State University and the Mr. President, it is encouraging to counselor, and sounding board. Above University of Minnesota Law School. see young Rhode Islanders partici- all else, he is a god listener, for this He also earned a Master of Laws degree pating in the ‘‘We The People . . . The Richard, I am grateful. in labor law from Georgetown Univer- Citizen And the Constitution’’ pro- I extend to you my congratulations sity Law Center. gram. They have learned that the Con- and the appreciation of all Nevadans for your good work on their behalf.∑ During his military career, Admiral stitution is not just a piece of paper, Hutson excelled at all facets of his cho- f but a living document that all Ameri- sen professions of law and naval serv- cans should cherish. It gives me great TRIBUTE TO PORTER HOSPITAL ice. He served as a trial and defense hope for the future of Rhode Island and AND THE HELEN PORTER NURS- ∑ counsel at the Law Center, Corpus our nation. ING HOME Christi, Texas, faithfully preserving f ∑ Mr. JEFFORDS. Mr. President, it is military justice at its very founda- IN HONOR OF MR. RICHARD a great honor for me to represent the tions. As a staff judge advocate, he pro- BUNKER people of the state of Vermont. On this vided legal counsel to Commanding Of- ∑ Mr. REID. Mr. President, I rise today occasion, I rise to pay tribute to two ficers at Naval Air Station, Point to honor a distinguished Nevadan, a health care institutions in Vermont Mugu, California, and Portsmouth good man, and a good friend, Mr. Rich- that add so much to their communities Naval Shipyard, Kittery, Maine. He ard Bunker. Richard will be receiving and make ‘‘the Green Mountain State’’ served as an instructor and later as the the National Jewish Medical and Re- such a wonderful place to live. Commanding Officer of Naval Justice search Center’s Humanitarian Award This year Porter Hospital is cele- School, Newport, Rhode Island, playing on June 3, 2000. The Humanitarian brating its 75th anniversary and Helen a critical role in preparing and men- Award recognizes individuals who have Porter Nursing Home is celebrating its toring future generations of judge ad- made significant civic and charitable 30th anniversary of providing quality vocates. contributions, and whose concern is health care to the people of Addison As the Executive Officer of the Naval not personal, but for the greater com- County, Vermont. Together these two Legal Service Office, Newport, Rhode munity. There is no one more deserv- institutions have played a vital role in Island, and later the Commanding Offi- ing of this honor than Richard Bunker. delivering a continuum of care to thou- cer, Naval Legal Service Office, Europe Richard’s legacy of service to the sands of people. They have dem- and Southwest Asia, Naples, Italy, Ad- state of Nevada is long and remark- onstrated their commitment to serving miral Hutson proved to be an inspiring able. He has served as Assistant City as catalysts in the development of leader. He guided young judge advo- Manager of Las Vegas and Clark Coun- health services for the people of this cates in the understanding, apprecia- ty Manager, before being appointed region. tion and dedication of their roles as Chairman of the prestigious State Porter Hospital has been caring for both judge advocates and naval offi- Gaming Control Board. He is currently its community since 1925 and is a full cers, exemplifying the Navy’s core val- a member of the Colorado River Com- service, community hospital, providing ues of honor, courage, and commit- mission and a member of the Board of emergency services and comprehensive ment.
VerDate Mar 15 2010 23:34 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\2000SENATE\S25MY0.REC S25MY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 25, 2000 CONGRESSIONAL RECORD — SENATE S4457 During his career Admiral Hutson The National Science Bowl is a rig- and the people they serve. The United also provided counsel and support to orous academic competition among States Postal Service received a Merit senior leaders while serving as the teams of high school students. This Award (which is only given every 5 Staff Judge Advocate and Executive year is the 10th anniversary of the pro- years) for achieving a high level of de- Assistant to the Commander, Naval In- gram, which has brought more than sign quality for its Celebrate the Cen- vestigative Command and as Executive 60,000 high school mathematics and tury Express. The Postal Service is Assistant to the Judge Advocate Gen- science students from across the coun- among 30 winners out of more than 300 eral of the Navy. try together in competition since its entries and is the only recipient to re- I am sure many of my colleagues re- inception in 1991. The program is de- ceive an award for any type of vehicle. member and appreciate Admiral signed to encourage students and their The Transportation Marketing & Hutson’s service as a legislative coun- teachers to achieve educational excel- Communications Association’s Trans- sel and later as the Director of Legisla- lence in science and math. Competing portation Communicators Award pro- tion in the Navy’s Office of Legislative teams are quizzed on topics in biology, gram, also known as the ‘‘Tranny’’ Affairs. During these assignments, he chemistry, physics, astronomy, earth Awards, recognizes excellence in com- directly contributed to clear and thor- science, computer science, and mathe- munications programs in the transpor- ough communication with Congress on matics. tation and logistics industries. The the interests of the Navy in a broad Congratulations, Manual High, on program recognizes individual practi- range of legislative matters. your win and thank you for continuing tioners who apply solid communica- Admiral Hutson’s dedication to serv- Louisville’s and the State of Ken- tions principles and creativity to effec- ice and superior performance in all as- tucky’s tradition of excellence in edu- tively promote the goals of their orga- signments appropriately culminated in cation.∑ nizations. The United States Postal his appointment as the 36th Judge Ad- f Service received an Award of Excel- vocate General of the Navy. In this lence in the category of ‘‘best practices COMMENDING THE UNITED role, he provided invaluable legal serv- in special events’’ and was one of 18 STATES POSTAL SERVICE ‘‘CEL- ice to both the Secretary of the Navy winners out of more than 150 entries.∑ EBRATE THE CENTURY EX- and the Chief of Naval Operations, and PRESS’’ f the Judge Advocate General’s Corps. He fulfilled these duties with great dis- ∑ Mr. CLELAND. Mr. President, I rise NATIONAL LAW ENFORCEMENT tinction, leaving the Judge Advocate today to commend the United States MEMORIAL DAY—THANK YOU General’s Corps strong and well-pre- Postal Service for receiving two distin- ISN’T ENOUGH pared for the challenges of the 21st cen- guished awards for its Celebrate the ∑ Mr. CARPO. Mr. President, I rise to tury. Century Express Educational Train discuss an innovative program in my It is fitting that following his retire- Tour. I would like to thank Mr. Gary home State of Idaho that honors our ment Admiral Hutson will become the A. Thuro, Jr., Manager, Promotions, Nation’s law enforcement officers. Dean of the Franklin Pierce Law Cen- and Mr. Ernest Cascino, Jr., Project As you know, May 15, 2000, was Na- ter in Concord, New Hampshire, where Manager, for bringing the awards to tional Law Enforcement Memorial he will continue to lead and mentor fu- my attention. The United States Post- Day. This important day was estab- ture servants of the law. al Service deserves special recognition lished to commemorate the brave men Mr. President, the Nation, the United for receiving the Department of Trans- and women of law enforcement who States Navy, and the Judge Advocate portation’s Design for Transportation lost their lives in the line of duty. Law General’s Corps have been made better National Award of Merit and the enforcement personnel risk their lives through the talent and dedication of Transportation Marketing & Commu- every day to protect and serve this Na- Rear Admiral John D. Hutson. I know nications Association’s 2000 Award of tion. According to statistics released all of my colleagues join me in wishing Excellence. by the U.S. Department of Justice, the him and his wife, Paula, fair winds and Both awards were presented in rec- incidents of violent crime are steadily following seas.∑ ognition of the United States Postal declining. Their is no doubt that this is f Service’s Celebrate the Century Ex- a direct result of the hard-work and press Train which is a specially out- dedication of law enforcement officers TRIBUTE TO MANUAL HIGH fitted four-car Amtrak train and trav- across the Nation. SCHOOL eling postal history exhibition that This year, I was pleased to be able to ∑ Mr. MCCONNELL. Mr. President, I serves as the ‘‘iron ambassador’’ of the join the Idaho Education Association rise today to congratulate students at Celebrate the Century commemorative in sponsoring a state-wide poster con- my alma mater, duPont Manual High stamp and education program. The test in conjunction with National Law School, for their victory in the U.S. train is a rolling history museum, pre- Enforcement Memorial Day. Using the Department of Energy’s National senting the story of how the mails and theme ‘‘Thank You Isn’t Enough,’’ cre- Science Bowl. rails helped develop our country and, ative and talented public school stu- I am proud to share with my col- highlighting some of the most signifi- dents from communities throughout leagues that a team of five students cant people, places and events of the Idaho submitted posters honoring the from duPont Manual High School in 20th century. service and sacrifices of law enforce- Louisville, Kentucky, are the cham- Over its 18-month tour from March ment. The winning posters, chosen pions of the 2000 National Science 1999 to fall 2000, the Celebrate the Cen- from four different grade ranges, were Bowl. These young scholars worked tury Express will visit dozens of com- announced on May 15. The winning en- diligently to reach the competition and munities across the nation, from the tries, which I will have the honor of through their academic excellence and biggest cities to the smallest towns. In displaying in my office here in Wash- teamwork, prevailed at the end of a 1999, the train traveled over nearly ington, D.C., were submitted by the fol- tough, four-day challenge held in 13,000 miles of track, visiting 36 cities lowing Idaho public school students: Chevy Chase, Maryland. in 18 states and being viewed by more Kindergarten through Second Grade: First, and most importantly, I recog- than 150,000 people, including thou- Jenefer Kramer from Westside Elemen- nize the students on this year’s Manual sands of schoolchildren. The train is tary in Idaho Falls. High School team and commend them expected to make at least 36 stops this Third through Fifty Grade: Mirella for their hard work and determination: year before concluding its two-year run Toncheva from Washington Elemen- Mariah Cummins, Marty Mudd, Mat- in November 2000. tary in Pocatello. thew Reece, Gabe Wood, and Yan Xuan. The Design for Transportation Na- Sixth through Eighth Grade: Jenni I also applaud and thank their teach- tional Awards 2000 honor those facili- Henscheid from Sandcreek Middle er, Skip Zwanzig, who taught these ties and activities that exemplify the School in Idaho Falls. students and provided the leadership highest standards of design and have Ninth through Twelfth Grade: Cassey which brought them to this year’s com- made an outstanding contribution to Newbold from Alameda Junior High petition. the nation’s transportation systems School in Pocatello.
VerDate Mar 15 2010 23:34 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\2000SENATE\S25MY0.REC S25MY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4458 CONGRESSIONAL RECORD — SENATE May 25, 2000 I congratulate these winners and all is made to address claims or encum- been displaced within Kosovo by mid- the students who submitted entries. brances, including the claims of the April. Thanks also go to the Idaho Education other successor states of the former On April 30, 1999, I issued Executive Association for being a partner in this Yugoslavia. This sanctions relief, in Order 13121, ‘‘Blocking Property of the important event. It provided an excel- conformity with United Nations Secu- Governments of the Federal Republic lent opportunity to honor Idaho’s law rity Council Resolution 1022 of Novem- of Yugoslavia (Serbia and Montenegro), enforcement community and educate ber 22, 1995 (hereinafter the ‘‘Resolu- the Republic of Serbia, and the Repub- our students on the importance of law tion’’), was an essential factor moti- lic of Montenegro, and Prohibiting enforcement services. I look forward to vating Serbia and Montenegro’s accept- Trade Transactions Involving the Fed- sponsoring this contest again in the fu- ance of the General Framework Agree- eral Republic of Yugoslavia (Serbia and ture.∑ ment for Peace in Bosnia and Montenegro) in Response to the Situa- tion in Kosovo.’’ Executive Order 13121 f Herzegovina initialed by the parties in Dayton on November 21, 1995, and revises and supplements Executive MESSAGES FROM THE PRESIDENT signed in Paris on December 14, 1995 Order 13088 to expand the blocking re- Messages from the President of the (hereinafter the ‘‘Peace Agreement’’). gime by revoking an exemption for cer- United States were communicated to The sanctions imposed on the Federal tain financial transactions provided in the Senate by Mr. Williams, one of his Republic of Yugoslavia (Serbia and Executive Order 13088; to impose a gen- secretaries. Montenegro) were accordingly sus- eral ban on all U.S. exports and reex- ports to and imports from the Federal EXECUTIVE MESSAGES REFERRED pended prospectively, effective Janu- ary 16, 1996. Sanctions imposed on the Republic of Yugoslavia (Serbia and As in executive session the Presiding Montenegro) (the ‘‘FRY (S&M)’’) or the Officer laid before the Senate messages Bosnian Serb forces and authorities and on the territory that they control Governments of the FRY (S&M), the from the President of the United Republic of Serbia, or the Republic of States submitting sundry nominations within Bosnia and Herzegovina were subsequently suspended prospectively, Montenegro; and to prohibit any trans- which were referred to the appropriate action or dealing by a U.S. person re- committees. effective May 10, 1996, also in con- formity with the Peace Agreement and lated to trade with or to the FRY (The nominations received today are (S&M) or the Governments of the FRY the Resolution. printed at the end of the Senate pro- (S&M), the Republic of Serbia, or the ceedings.) Sanctions against both the Federal Republic of Yugoslavia (Serbia and Republic of Montenegro. In addition, f Montenegro) and the Bosnian Serbs Executive Order 13121 directs that spe- cial consideration be given to Monte- REPORT ON THE CONTINUATION were subsequently terminated by negro and the humanitarian needs of United Nations Security Council Reso- OF EMERGENCY WITH RESPECT refugees from Kosovo and other civil- lution 1074 of October 1, 1996. This ter- TO THE FEDERAL REPUBLIC OF ians within the FRY (S&M) in the im- mination, however, did not end the re- YUGOSLAVIA (SERBIA AND MON- plementation of the Order. Finally, Ex- TENEGRO), THE BOSNIAN SERBS, quirement of the Resolution that ecutive Order 13121 also supplements AND KOSOVO—MESSAGE FROM blocked those funds and assets that are Executive Order 13088 to direct that the THE PRESIDENT—PM 110 subject to claims and encumbrances commercial sales of agricultural com- The PRESIDING OFFICER laid be- until unblocked in accordance with ap- modities and products, medicine, and fore the Senate the following message plicable law. medical equipment for civilian end-use Until the status of all remaining from the President of the United in the FRY (S&M) be authorized sub- blocked property is resolved, the Peace States, together with an accompanying ject to appropriate safeguards to pre- Agreement implemented, and the report; which was referred to the Com- vent diversion to military, para- terms of the Resolution met, this situ- mittee on Banking, Housing, and military, or political use by the Gov- ation continues to pose a continuing Urban Affairs. ernments of the FRY (S&M), the Re- unusual and extraordinary threat to public of Serbia, or the Republic of To the Congress of the United States: the national security, foreign policy in- Montenegro. Section 202(d) of the National Emer- terests, and the economy of the United This situation continues to pose a gencies Act (50 U.S.C. 1622(d)) provides States. For these reasons, I have deter- continuing unusual and extraordinary for the automatic termination of a na- mined that it is necessary to maintain threat to the national security, foreign tional emergency unless, prior to the in force these emergency authorities policy interests, and the economy of anniversary date of its declaration, the beyond May 30, 2000. the United States. For these reasons, I President publishes in the Federal Reg- On June 9, 1998, I issued Executive have determined that it is necessary to ister and transmits to the Congress a Order 13088, ‘‘Blocking Property of the maintain in force these emergency au- notice stating that the emergency is to Governments of the Federal Republic thorities beyond June 9, 2000. continue in effect beyond the anniver- of Yugoslavia (Serbia and Montenegro), WILLIAM J. CLINTON. sary date. In accordance with this pro- the Republic of Serbia, and the Repub- THE WHITE HOUSE, May 25, 2000. vision, I have sent the enclosed notice lic of Montenegro, and Prohibiting New f to the Federal Register for publication, Investment in the Republic of Serbia in stating that the emergency declared Response to the Situation in Kosovo.’’ REPORT ON THE NATIONAL EMER- with respect to the Federal Republic of Despite months of preparatory con- GENCIES WITH RESPECT TO THE Yugoslavia (Serbia and Montenegro), sultations and negotiations, represent- FEDERAL REPUBLIC OF YUGO- as expanded to address the actions and atives of the Federal Republic of Yugo- SLAVIA (SERBIA AND MONTE- policies of the Bosnian Serb forces and slavia (Serbia and Montenegro) in NEGRO) AND KOSOVO—MESSAGE the authorities in the territory that March 1999, completely blocked agree- FROM THE PRESIDENT—PM 111 they control within Bosnia and ment on an internationally backed pro- The PRESIDING OFFICER laid be- Herzegovina, is to continue in effect posal for a political solution to the fore the Senate the following message beyond May 30, 2000, and the emer- Kosovo crisis. Yugoslav forces rein- from the President of the United gency declared with respect to the situ- forced positions in the province during States, together with an accompanying ation in Kosovo is to continue in effect the March negotiation and, as negotia- report; which was referred to the Com- beyond June 9, 2000. tions failed, intensified the ethnic mittee on Banking, Housing, and On December 27, 1995, I issued Presi- cleansing of Albanians from Kosovo. Urban Affairs dential Determination 96–7, directing Yugoslav security and paramilitary To the Congress of the United States: the Secretary of the Treasury, inter forces thereby created a humanitarian As required by section 401(c) of the alia, to suspend the application of crisis in which approximately half of National Emergencies Act, 50 U.S.C. sanctions imposed on the Federal Re- Kosovo’s population of 2 million had 1641(c), and section 204(c) of the Inter- public of Yugoslavia (Serbia and Mon- been displaced from the province and national Emergency Economic Powers tenegro) and to continue to block prop- an unknown but apparently large por- Act (IEEPA), 50 U.S.C. 1703(c), I trans- erty previously blocked until provision tion of the remaining population had mit herewith a 6-month periodic report
VerDate Mar 15 2010 23:34 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 E:\2000SENATE\S25MY0.REC S25MY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 25, 2000 CONGRESSIONAL RECORD — SENATE S4459 on the national emergency with re- Mr. Hayes, one of its reading clerks, enforcement against traffickers, and through spect to the Yugoslavia (Serbia and announced that the House has passed protection and assistance to victims of traf- Montenegro) emergency declared in the following bill, in which it requests ficking. Executive Order 12808 on May 30, 1992, the concurrence of the Senate: f and with respect to the Kosovo emer- H.R. 3916. An act to amend the Internal EXECUTIVE AND OTHER gency declared in Executive Order 13088 Revenue Code of 1986 to repeal the excise tax COMMUNICATIONS on June 9, 1998. on telephone and other communication serv- The following communications were WILLIAM J. CLINTON. ices. THE WHITE HOUSE, May 25, 2000. The message also announced that the laid before the Senate, together with accompanying papers, reports, and doc- f House has passed the following concur- uments, which were referred as indi- MESSAGE FROM THE HOUSE rent resolution, in which it requests the concurrence of the Senate: cated: At 12:47 p.m., a message from the EC–9114. A communication from the Jus- H. Con. Res. 331. Concurrent resolution tice Management Division, Department of House of Representatives, delivered by commending Israel’s redeployment from Justice, transmitting, pursuant to law, the Ms. Niland, one of its reading clerks, southern Lebanon. announced that pursuant to section 301 report of a rule entitled ‘‘Worksite Enforce- f of Public Law 104–1, the Chair an- ment Activity Record and Index (LYNX); Im- MEASURE REFERRED migration and Naturalization Service (INS)’’ nounces on behalf of the Speaker and (Privacy Act System of Records JUSTICE/ Minority Leader of the House of Rep- The following bill was read the first INS–025), received May 22, 2000; to the Com- resentatives and the Majority and Mi- and second times by unanimous con- mittee on the Judiciary. nority Leaders of the United States sent, and referred as indicated: EC–9115. A communication from the Jus- tice Management Division, Department of Senate their joint appointment of the H.R. 3916. An act to amend the Internal Justice, transmitting, pursuant to law, the following individuals to a 5-year term Revenue Code of 1986 to repeal the excise tax report of a rule entitled ‘‘Attorney/Rep- to the Board of Directors of the Office on telephone and other communication serv- resentative Complaint/Petition Files; Immi- of Compliance to fill the existing va- ices; to the Committee on Finance. gration and Naturalization Service (INS)’’ cancies thereon: Ms. Barbara L. f (Privacy Act System of Records JUSTICE/ Camens of Washington, DC, and Ms. MEASURES PLACED ON THE INS–022), received May 22, 2000; to the Com- Roberta L. Holzwarth of Rockford, Illi- mittee on the Judiciary. nois. CALENDAR EC–9116. A communication from the Regu- The message also announced that the The following bills were read the first lations Unit, Internal Revenue Service, De- House has agreed to the following con- and second times and placed on the cal- partment of the Treasury, transmitting, pur- current resolution, in which it requests endar: suant to law, the report of a rule entitled the concurrence of the Senate: ‘‘Weighted Average Interest Rate Update’’ H.R. 4444. An act to authorize extension of (Notice 2000–27), received May 23, 2000; to the H. Con. Res. 336. Concurrent resolution nondiscriminatory treatment normal trade Committee on Finance. providing for a conditional adjournment of relations treatment) to the Peoples Republic EC–9117. A communication from the De- the House of Representatives and a condi- of China, and to establish a framework for partment of the Treasury, transmitting, pur- tional recess or adjournment of the Senate. relations between the United States and the suant to law, the report of a rule entitled The message further announced that People’s Republic of China. ‘‘Freedom of Information Act; Disclosure of the House has passed the following bill, H.R. 3660. an act to amend title 18, United Records’’ (RIN1505–AA76), received May 19, States Code, to ban partial-birth abortions. in which it requests the concurrence of 2000; to the Committee on Finance. the Senate: The following bills were read the sec- EC–9118. A communication from the Sec- retary of Energy, transmitting the ‘‘Pro- H.R. 4444. A bill to authorize extension of ond time and placed on the calendar: gram Update 1999’’ for the Clean Coal Tech- nondiscriminatory treatment (normal trade H.R. 1291. An act to prohibit the imposition nology Demonstration Program; to the Com- relations treatment) to the People’s Repub- of access charges on Internet service pro- mittee on Energy and Natural Resources. lic of China, and to establish a framework vider. for relations between the United States and H.R. 3591. An act to provide for the award f of a gold medal on behalf of the Congress to the People’s Republic of China. REPORTS OF COMMITTEES The message also announced that the former President Ronald Reagan and his wife House agrees to the report of the com- Nancy Reagan in recognition of their service The following reports of committees to the Nation. were submitted: mittee of conference on the disagreeing H.R. 4051. An act to establish a grant pro- By Mr. ROTH, from the Committee on Fi- votes of the two Houses on the amend- gram that provides incentives for States to nance, without amendment: ment of the Senate to the bill (H.R. enact mandatory minimum sentences for S. 2277: A bill to terminate the application certain firearms offenses, and for other pur- 2559) to amend the Federal Crop Insur- of title IV of the Trade Act of 1974 with re- poses. ance Act to strengthen the safety net spect to the People’s Republic of China H.R. 4251. An act to amend the North for agricultural producers by providing (Rept. No. 106–305). Korea Threat Reduction Act of 1999 to en- greater access to more affordable risk By Mr. HATCH, from the Committee on hance congressional oversight of nuclear management tools and improved pro- the Judiciary, with an amendment in the na- transfers to North Korea, and for other pur- ture of a substitute: tection from production and income poses. loss, to improve the efficiency and in- S. 1854: A bill to reform the Hart-Scott-Ro- The following concurrent resolution tegrity of the Federal crop insurance dino Antitrust Improvements Act of 1976. was read and placed on the calendar: program, and for other purposes. f H. Con. Res. 331. Concurrent resolution INTRODUCTION OF BILLS AND At 2:05 p.m., a message from the commending Israel’s redeployment from JOINT RESOLUTIONS House of Representatives, delivered by southern Lebanon. Ms. Niland, one of its reading clerks, f The following bills and joint resolu- tions were introduced, read the first announced that the House insists upon MEASURES READ THE FIRST TIME its amendment to the bill (S. 1692) to and second times by unanimous con- amend title 18, United States Code, to The following bills were read the first sent, and referred as indicated: ban partial-birth abortion, and asks a time: By Mr. FEINGOLD (for himself and Mr. conference with the Senate on the dis- S. 2645. To provide for the application of JEFFORDS): agreeing votes of the two Houses there- certain measures to the People’s Republic of S. 2630. A bill to prohibit products that China in response to the illegal sale, trans- contain dry ultra-filtered milk products or on; and that Mr. HYDE, Mr. CANADY of fer, or misuse of certain controlled goods, casein from being labeled as domestic nat- Florida, Mr. GOODLATTE, Mr. CONYERS, services, or technology, and for other pur- ural cheese, and for other purposes; to the and Mr. WATT of North Carolina, be the poses. Committee on Agriculture, Nutrition, and managers of the conference on the part H.R. 3244. To combat trafficking of per- Forestry. of the House. sons, especially into the sex trade, slavery, By Mr. SCHUMER (for himself and Mr. and slavery-like conditions in the United MOYNIHAN): At 4:33 p.m., a message from the States and countries around the world S. 2631. A bill to authorize a project for the House of Representatives, delivered by through prevention, through prosecution and renovation of the Department of Veterans
VerDate Mar 15 2010 23:34 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00061 Fmt 4624 Sfmt 0634 E:\2000SENATE\S25MY0.REC S25MY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4460 CONGRESSIONAL RECORD — SENATE May 25, 2000 Affairs medical center in Bronx, New York; S. 2644. A bill to amend title XVIII of the By Mr. COVERDELL: to the Committee on Veterans’ Affairs. Social Security Act to expand medicare cov- S. 2661. A bill to suspend temporarily the By Mr. DEWINE (for himself, Mr. erage of certain self-injected biologicals; to duty on machines, and their parts, for use in VOINOVICH, Mr. LAUTENBERG, and Mr. the Committee on Finance. the manufacture of digital versatile discs TORRICELLI): By Mr. THOMPSON: (DVDs); to the Committee on Finance. S. 2632. A bill to authorize the President to S. 2645. A bill to provide for the application By Mr. COVERDELL: present gold medals on behalf of the Con- of certain measures to the People’s Republic S. 2662. A bill to suspend temporarily the gress to astronauts Neil A. Armstrong, of China in response to the illegal sale, duty on machines, and their parts, for use in Edwin E. ‘‘Buzz’’ Aldrin, Jr., and Michael transfer, or misuse of certain controlled the manufacture of digital versatile discs Collins, the crew of Apollo 11; to the Com- goods, services, or technology, and for other (DVDs); to the Committee on Finance. mittee on Banking, Housing, and Urban Af- purposes; read the first time. By Mr. COVERDELL: fairs. By Mr. COVERDELL: S. 2663. A bill to suspend temporarily the By Mrs. BOXER: S. 2646. A bill to suspend temporarily the duty on machines, and their parts, for use in S. 2633. A bill to restore Federal recogni- duty on machines, and their parts, for use in the manufacture of digital versatile discs tion to the Indians of the Graton Rancheria the manufacture of digital versatile discs (DVDs); to the Committee on Finance. of California; to the Committee on Indian (DVDs); to the Committee on Finance. By Mr. COVERDELL: Affairs. By Mr. COVERDELL: S. 2664. A bill to suspend temporarily the S. 2647. A bill to suspend temporarily the By Mr. BOND: duty on machines used in the manufacture of duty on machines, and their parts, for use in S. 2634. A bill to amend the Comprehensive digital versatile discs; to the Committee on Environmental Response, Compensation, and the manufacture of digital versatile discs Finance. Liability Act of 1980 to provide liability re- (DVDs); to the Committee on Finance. By Mr. KYL (for himself and Mr. lief to small businesses; to the Committee on By Mr. COVERDELL: DOMENICI): Environment and Public Works. S. 2648. A bill to amend the Harmonized S. 2665. A bill to establish a streamlined By Mr. FRIST (for himself, Mr. HAR- Tariff Schedule of the United States to pro- process to enable the Navajo Nation to lease KIN, Mr. JEFFORDS, Mrs. MURRAY, Mr. vide duty-free treatment for, and clarify the trust lands without having to obtain the ap- BINGAMAN, Ms. MIKULSKI, and Mr. classification of, machines and components proval of the Secretary of the Interior of in- REED): used in the manufacture of digital versatile S. 2635. A bill to reduce health care costs discs (DVDs); to the Committee on Finance. dividual leases, except leases for exploration, and promote improved health by providing By Mr. COVERDELL: development, or extraction of any mineral supplemental grants for additional preven- S. 2649. A bill to suspend temporarily the resources; to the Committee on Indian Af- tive health services for women; to the Com- duty on machines, and their parts, for use in fairs. mittee on Health, Education, Labor, and the manufacture of digital versatile discs By Mr. REID: Pensions. (DVDs); to the Committee on Finance. S. 2666. A bill to secure the Federal voting By Mr. DEWINE: By Mr. COVERDELL: rights of persons who have fully served their S. 2636. A bill to amend title 38, United S. 2650. A bill to suspend temporarily the sentences, including parole and probation, States Code, to provide pay parity for den- duty on machines, and their parts, for use in and for other purposes; to the Committee on tists with physicians employed by the Vet- the manufacture of digital versatile discs the Judiciary. erans Health Administration, and for other (DVDs); to the Committee on Finance. By Mr. WARNER (for himself, Mr. KEN- purposes; to the Committee on Veterans’ Af- By Mr. COVERDELL: NEDY, Mr. SARBANES, Mr. JEFFORDS, fairs. S. 2651. A bill to suspend temporarily the Mr. ROBB, and Mr. LEAHY): By Mr. BAUCUS (for himself and Mr. duty on machines, and their parts, for use in S. 2667. A bill to designate the Washington BURNS): the manufacture of digital versatile discs Opera in Washington, D.C., as the National S. 2637. A bill to require a land conveyance, (DVDs); to the Committee on Finance. Opera; to the Committee on Governmental Miles City Veterans Administration Medical By Mr. COVERDELL: Affairs. Complex, Miles City, Montana; to the Com- S. 2652. A bill to suspend temporarily the By Mr. GRAHAM (for himself and Mr. mittee on Veterans’ Affairs. duty on machines, and their parts, for use in SMITH of Oregon): By Mr. COCHRAN (for himself and Mr. the manufacture of digital versatile discs S. 2668. A bill to amend the Immigration LOTT): (DVDs); to the Committee on Finance. and Nationality Act to improve procedures S. 2638. A bill to adjust the boundaries of By Mr. COVERDELL: for the adjustment of status of aliens, to re- the Gulf Islands National Seashore to in- S. 2653. A bill to suspend temporarily the duce the backlog of family-sponsored aliens, clude Cat Island, Mississippi; to the Com- duty on machines, and their parts, for use in and for other purposes; to the Committee on mittee on Energy and Natural Resources. the manufacture of digital versatile discs the Judiciary. By Mr. DOMENICI (for himself, Mr. (DVDs); to the Committee on Finance. KENNEDY, and Mr. WELLSTONE): By Mr. COVERDELL: f S. 2639. A bill to amend the Public Health S. 2654. A bill to suspend temporarily the Service Act to provide programs for the duty on machines, and their parts, for use in SUBMISSION OF CONCURRENT AND treatment of mental illness; to the Com- the manufacture of digital versatile discs SENATE RESOLUTIONS mittee on Health, Education, Labor, and (DVDs); to the Committee on Finance. Pensions. By Mr. COVERDELL : S. 2655. A bill to The following concurrent resolutions By Mrs. BOXER: suspend temporarily the duty on ma- and Senate resolutions were read, and S. 2640. A bill to amend title 38, United chines, and their parts, for use in the referred (or acted upon), as indicated: States Code, to permit Department of Vet- manufacture of digital versatile discs By Mr. MCCAIN: erans Affairs pharmacies to dispense medica- (DVDs); to the Committee on Fi- S. Res. 314. A resolution expressing the tions to veterans for prescriptions written by nance. sense of the Senate concerning the violence, private practitioners, and for other purposes; By Mr. COVERDELL: to the Committee on Veterans’ Affairs. S. 2656. A bill to suspend temporarily the breakdown of rule of law, and troubled per- By Mr. CLELAND (for himself and Mr. duty on machines, and their parts, for use in election period in the Republic of Zimbabwe; to the Committee on Foreign Relations. COVERDELL): the manufacture of digital versatile discs S. 2641. A bill to authorize the President to (DVDs); to the Committee on Finance. By Mr. HELMS (for himself, Mr. BIDEN, present a gold medal on behalf of Congress to By Mr. COVERDELL: Mr. FRIST, and Mr. FEINGOLD): former President Jimmy Carter and his wife S. 2657. A bill to suspend temporarily the S. Res. 315. A resolution expressing the Rosalynn Carter in recognition of their serv- duty on machines, and their parts, for use in sense of the Senate regarding the crimes and ice to the Nation; to the Committee on the manufacture of digital versatile discs abuses committed against the people of Si- Banking, Housing, and Urban Affairs. (DVDs); to the Committee on Finance. erra Leone by the Revolutionary United By Mr. HATCH: By Mr. COVERDELL: Front, and for other purposes; considered S. 2642. A bill to amend the Internal Rev- S. 2658. A bill to suspend temporarily the and agreed to. enue Code of 1986 to provide major tax sim- duty on machines, and their parts, for use in By Mr. SESSIONS (for himself and Mr. plification; to the Committee on Finance. the manufacture of digital versatile discs SHELBY): By Mr. STEVENS (for himself and Mr. (DVDs); to the Committee on Finance. S. Res. 316. A resolution honoring Senior INOUYE): By Mr. COVERDELL: Judge Daniel H. Thomas of the United States S. 2643. A bill to amend the Foreign Assist- S. 2659. A bill to suspend temporarily the District Court for the Southern District of ance Act of 1961 to provide increased foreign duty on machines, and their parts, for use in Alabama; considered and agreed to. assistance for tuberculosis prevention, treat- the manufacture of digital versatile discs By Mr. HELMS (for himself, Ms. MI- ment, and control; to the Committee on For- (DVDs); to the Committee on Finance. KULSKI, Mr. ROTH, and Mr. BIDEN): eign Relations. By Mr. COVERDELL: S. Con. Res. 118. A concurrent resolution By Mr. GORTON (for himself, Mrs. S. 2660. A bill to suspend temporarily the commemorating the 60th anniversary of the MURRAY, Mr. SANTORUM, Ms. MIKUL- duty on machines, and their parts, for use in execution of Polish captives by Soviet au- SKI, Mr. STEVENS, Mr. COCHRAN, and the manufacture of digital versatile discs thorities in April and May 1940; to the Com- Mr. L. CHAFEE): (DVDs); to the Committee on Finance. mittee on Foreign Relations.
VerDate Mar 15 2010 23:34 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00062 Fmt 4624 Sfmt 0634 E:\2000SENATE\S25MY0.REC S25MY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 25, 2000 CONGRESSIONAL RECORD — SENATE S4461 STATEMENT ON INTRODUCED This one-year increase amounts to stricted importation of these ingredi- BILLS AND JOINT RESOLUTIONS the largest expansion since 1982! I am ents into the United States. Because By Mr. FEINGOLD (for himself proud to say that my home state of there are no tariffs and quotas on these and Mr. JEFFORDS): Wisconsin, America’s dairyland, was ingredients, these heavily subsidized S. 2630. A bill to prohibit products one of the main engines behind this products will displace natural domestic that contain dry ultra-filtered milk growth. After all, when consumers see dairy ingredients. products or casein from being labeled the label ‘‘Wisconsin Cheese,’’ they These unnatural domestic dairy prod- as domestic natural cheese, and for know that it is synonymous with qual- ucts will enter our domestic cheese other purposes; to the Committee on ity. market and may further depress dairy Agriculture, Nutrition, and Forestry. Over the past two decades consumers prices paid to American dairy pro- ducers. THE QUALITY CHEESE ACT OF 2000 have increased their cheese consump- Low dairy prices result in increased Mr. FEINGOLD. Mr. President, along tion due to their understanding, and costs to the dairy price support pro- with Senator JEFFORDS, I am pleased taste for the quality natural cheese gram. So, at the same time that U.S. to introduce the Quality Cheese Act of produced by America’s dairy industry. dairy farmers are receiving lower 2000. This legislation will protect the Recent proposals to change to our prices, the U.S. taxpayer will be paying consumer, save taxpayer dollars and natural cheese standard could decrease more for the dairy price support pro- provide support to America’s dairy consumption of natural cheese. These gram. farmers, who have taken a beating in declines could result from concerns about the origin of casein and other Mr. President, this change does not the marketplace in recent years. benefit the dairy farmer, consumer or When Wisconsin consumers have the forms of dry UF milk. The vast majority of dry ultra fil- taxpayer. Who then is it good for? choice, they will choose natural Wis- The obvious answer is nobody. consin cheese, but the Food and Drug tered milk originates from countries with State Trading Enterprises. Many America’s farmers have invested a Administration (FDA) and the U.S. De- tremendous amount of time and effort partment of Agriculture (USDA) may of these countries subsidize their dairy exports through these trading mecha- create the best cheese industry in the change current law, and consumers world. They should not be penalized for won’t know whether cheese is really all nisms, and have quality standards that are well below those of the United their efforts. natural or not. This legislation takes a two pronged States. If the federal government creates a approach to address these concerns. loophole for imitation cheese ingredi- While it is difficult to obtain specific numbers about the amount of dry UF First, it prohibits dry ultra-filtered ents to be used in U.S. cheese vats, milk from being included in America’s cheese bearing the labels ‘‘domestic’’ milk produced in foreign countries, I have heard disturbing stories about the natural cheese standard. and ‘‘natural’’ will no longer be truly Second, it requires the Food and conditions under which the casein and accurate. Drug administration to conduct a milk proteins are sometimes produced. If USDA and FDA allow a change in study into the impact of allowing wet For the most part, dry UF milk is federal rules, imitation milk proteins ultra-filtered milk into the natural not produced in the US. In fact, it is, known as milk protein concentrate or cheese standard. casein, could be used to make cheese in for the most part, produced in coun- Let me be clear, currently, neither of place of the wholesome natural milk tries where sanitary standards are well these products are allowed in Amer- produced by cows in Wisconsin or other below those of the United States. ica’s natural cheese standard. Under These products are sold on the inter- part of the U.S. current regulations, wet ultra-filtered national market, and under the pro- Mr. President, I am deeply concerned milk may only be used in natural posed rule they could be labeled as nat- by recent efforts to change America’s cheese products if—and only if—both ural cheese. This cheap, low quality natural cheese standard. This effort to the wet UF milk and the cheese are dry UF milk tends to leave cheese allow milk protein concentrate and ca- produced at the same plant. sein into natural cheese products flies greasy and increases separation prob- I have heard a number of concerns in the face of logic and could create a lems. from dairy farmers, but the most im- loophole for unlimited amounts of sub- The addition of this kind of milk will mediate concern is the importation of standard imported milk proteins to certainly leave the wholesome reputa- milk protein concentrate and casein. enter U.S. cheese vats. tion of ‘‘natural cheese’’ significantly This legislation is the first step in ad- My legislation will close this loop- tarnished in the eyes of the consumer. dressing their concerns, and ensuring hole and ensure that consumers can be This change would seriously com- that any future changes incorporate confident that they are buying natural promise decades of work by America’s the concerns of America’s dairy farm- cheese when they see the natural label. dairy farmers to build up domestic ers. Our dairy farmers have invested cheese consumption levels. It is simply Congress must shut the door on any heavily in processes that make the best not fair to America’s farmers! backdoor efforts to stack the deck quality cheese ingredients, and I am Mr. President, consumers have a against America’s dairy farmers. And concerned about recent efforts to right to know if the cheese they buy is we must pass my legislation that pre- change the law that would penalize unnatural. And by allowing unnatural vents a loophole that would allow them for those efforts by allowing dry UF milk into cheese, we are deny- changes that hurt the consumer, tax- lower quality ingredients to flood the ing consumers the entire picture. payer and dairy farmer. U.S. market. The Feingold-Jeffords legislation will Thank you Mr. President. I yield the Over the past decade, cheese con- paint the entire picture for the con- floor. sumption has risen at a strong pace sumer, and allow them enough infor- due to promotional and marketing ef- mation to select cheese made from By Mr. SCHUMER (for himself forts and investments by dairy farmers truly natural ingredients. and Mr. MOYNIHAN): across the country. Year after year, per Allowing dry Ultra-Filtered milk S. 2631. A bill to authorize a project capita cheese consumption has risen at into cheeses will have a significant ad- for the renovation of the Department a steady rate. verse impact on dairy producers of Veterans Affairs medical center in Back in the 1980’s, when I served in throughout the United States. Some Bronx, New York; to the Committee on the Wisconsin State Senate, cheese estimate that the annual effect of the Veterans’ Affairs. consumption topped 20 pounds per per- change on the dairy farm sector of the BRONX VA MEDICAL CENTER’S RESEARCH son. During the 1990s consumption in- economy could be more than $100 mil- FACILITY LEGISLATION creased by over 25 percent, and passed lion. ∑ Mr. SCHUMER. Mr. President, I rise 25 pounds per person. Last year we saw The proposed change to our natural today with Senator DANIEL PATRICK an even more dramatic increase when cheese standard would also harm the MOYNIHAN to introduce legislation that per capita cheese consumption rose an American taxpayer. would authorize renovations to the amazing 1.5 pounds to reach 29.8 If we allow dry UF milk to be used in Bronx VA Medical Center’s research fa- pounds. cheese we will effectively permit unre- cility.
VerDate Mar 15 2010 23:34 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00063 Fmt 4624 Sfmt 0634 E:\2000SENATE\S25MY0.REC S25MY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4462 CONGRESSIONAL RECORD — SENATE May 25, 2000 This facility, when renovations are (b) LIMITATION.—The project authorized in On July 20, 1969, Armstrong and completed, will serve as a center of section 1 may only be carried out using— Aldrin began their descent to the lunar excellence for VA research on (1) funds appropriated for fiscal year 2001 surface. The Eagle landed with less pursuant to the authorization of appropria- neurodegenerative diseases that are tions in subsection (a); than 45 seconds worth of fuel and the more prevalent in our veterans popu- (2) funds appropriated for the Construc- buzz of several warning alarms. It was lation than in any other group of tion, Major Projects, account for a fiscal shortly after that landing when Neil Americans. Specifically, the research year before fiscal year 2001 that remain Armstrong emerged from the craft and would focus on Alzheimer’s and Par- available for obligation; and set foot on the moon’s surface. Never kinson’s Disease, Multiple Sclerosis, (3) funds appropriated for the Construc- before in the history of mankind had a Amyotrophic Lateral Sclerosis (ALS) tion, Major Projects, account for fiscal year human being set foot on another celes- and brain and spinal cord injury. 2001 for a category of activity not specific to tial body. The crew of Apollo 11 em- a project.∑ Major neurodegenerative diseases bodied the spirit of discovery that is so like Alzheimer’s and Parkinson’s tend By Mr. DEWINE (for himself, Mr. prevalent in our space program. It is to occur later in life and are progres- VOINOVICH, Mr. LAUTENBERG, this same spirit that we need to com- sive lifelong afflictions. Some 20 mil- and Mr. TORRICELLI): municate to our next generation. lion Americans have been diagnosed S. 2632. A bill to authorize the Presi- Neil Armstrong, the commander of with one of these diseases and the costs dent to present gold medals on behalf Apollo 11, was born on August 5, 1930, in of their treatment have reached over of the Congress to astronauts Neil A. my home state of Ohio. He developed $100 billion annually. US Census Bu- Armstrong, Edwin E. ‘‘Buzz’’ Aldrin, an interest in flying at an early age. In reau statistics indicate that because of Jr., and Michael Collins, the crew of fact, he obtained his student pilot’s li- our aging population, the incidence of Apollo 11; to the Committee on Bank- cense before he got his driver’s license. neurodegenerative diseases and the as- ing Housing, and Urban Affairs. After high school, he received a schol- sociated human and economic costs CONGRESSIONAL GOLD MEDALS TO THE CREW OF arship from the U.S. Navy and studied will increase four-fold by 2040. Vet- THE APOLLO 11 aeronautical engineering. He later be- erans, an aging population are dis- Mr. DEWINE. Mr. President, today I came an aviator in the Navy and was proportionately affected. Traumatic am introducing legislation, along with chosen for the space program with the brain and spinal cord injury are also my colleagues, Senators VOINOVICH, second group of astronauts in 1962. He highly represented in the veterans pop- LAUTENBERG, and TORRICELLI, to au- made seven flights in the X–15 pro- ulation. Over 200,000 individuals in the thorize the President to present gold gram, reaching an altitude of 207,500 US are living with spinal cord injury medals on behalf of Congress to astro- today, and another 2 million suffer nauts Neil A. Armstrong, Edwin feet. He was the command pilot for traumatic brain injury annually. ‘‘Buzz’’ Aldrin, and Michael Collins— Gemini 8 and Apollo 11. After Apollo 11, The bill I introduce today would au- the heroic crew of the Apollo 11. he was Deputy Associate Adminis- thorize $12.3 million for renovations to For thousands of years, man has trator for Aeronautics at NASA from an aging facility on the campus of the gazed at the moon with awe, dreaming July 1970 until August 1971, when he Bronx VAMC. Department of Veterans of the day when that celestial body left to become Professor of Aero- Affairs researchers there, are in des- would no longer be out of man’s grasp. nautical Engineering at the University perate need of modern, state-of-the-art On July 20, 1969, thanks to the crew of of Cincinnati. He served on the Na- laboratories to continue efforts to un- the Apollo 11, the heavens became part tional Commission on Space from 1985 derstand, treat and develop new meth- of man’s world. to 1986 and on the Presidential Com- The mission to the moon was a long ods of care for all Americans afflicted mission on the Space Shuttle Chal- and treacherous endeavor. It started lenger Accident in 1986. with these horrible diseases. This legis- with President Kennedy’s vision to put lation represents an important step in a man on the moon before the end of Edwin ‘‘Buzz’’ Aldrin was born in ensuring that the quality of care pro- the decade and concluded with a simple New Jersey on January 20, 1930. He at- vided to veterans in New York and step and the immortal words: ‘‘One tended the U.S. Military Academy at across the country reflects our highest small step for man and one giant leap West Point, and later entered the U.S. esteem for those who answered their for mankind.’’ We owe a great deal of Air Force, where he received pilot country’s call. We owe our veterans no gratitude to the men and women of training. He was chosen with the third less than the best medical care any- America’s space program. And, I be- group of astronauts in 1963. He was a where—and the research and treat- lieve that presenting Congressional pilot on Gemini 12, where he was one of ments that come from this renovated gold medals to the crew of Apollo 11 is the key figures working to improve in- facility will help ensure that happens. I a fitting tribute to them and the mis- space docking and was the lunar mod- urge my colleagues to join me in sup- sion. ule pilot for Apollo 11. After leaving porting and enacting this critical legis- The primary objective of Apollo 11 NASA in 1971, he became Commandant lation. was simple and straightforward: ‘‘Per- of the Aerospace Research Pilot’s Mr. President, I ask unanimous con- form a manned lunar landing and re- School at Edwards Air Force Base in sent that the text of the bill be printed turn.’’ The mission, though, was any- California. He retired from the Air in the RECORD. thing but simple. The historic journey Force in 1972 and became a consultant There being no objection, the bill was began with the Eagle’s fiery lift-off at for the Comprehensive Care Corpora- ordered to be printed in the RECORD, as Cape Kennedy at 9:32 a.m. on July 19, tion, Newport Beach, California. He has follows: 1969. The world watched as astronauts authored two books, ‘‘Return to Earth’’ S. 2631 Armstrong, Aldrin, and Collins blasted and ‘‘Men From Earth.’’ toward outer space. While the millions Be it enacted by the Senate and House of Rep- Michael Collins was born on October resentatives of the United States of America in who witnessed the event were excited Congress assembled, and exhilarated, I do not think any of 30, 1930, in Rome, Italy and later moved to Washington, DC. Upon finishing SECTION 1. AUTHORIZATION OF MAJOR MEDICAL us truly appreciated the complexity FACILITY PROJECT, DEPARTMENT and magnitude of the crew’s respon- high school, he attended the U.S. Mili- OF VETERANS AFFAIRS. sibilities. One mistakenly pulled lever, tary Academy at West Point. Prior to The Secretary of Veterans Affairs may one power failure could have rendered joining NASA, he was a test pilot at carry out a major medical facility project Apollo 11 a disaster. When asked to re- the Air Force Flight Center, Edwards for the renovation of the Department of Vet- call his thoughts on the mission’s out- Air Force Base. He was chosen in the erans Affairs medical center in Bronx, New third group of astronauts in 1963. He York, in an amount not to exceed $12,300,000. come, Astronaut Michael Collins said: ‘‘I am far from certain that we will be served as a pilot for Gemini 10, where he SEC. 2. AUTHORIZATION OF APPROPRIATIONS. able to fly the mission as planned. I set a world altitude record; became the (a) IN GENERAL.—There are authorized to be appropriated to the Secretary of Veterans think we will escape with our skins, or nation’s third spacewalker; and served Affairs for fiscal year 2001 for the Construc- at least I will escape with mine, but I as the command module pilot for Apol- tion, Major Projects, account $12,300,000 for wouldn’t give better than even odds on lo 11. He left NASA in 1970 and was ap- the project authorized in section 1. a successful landing and return.’’ pointed Assistant Secretary of State
VerDate Mar 15 2010 23:34 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00064 Fmt 4624 Sfmt 0634 E:\2000SENATE\S25MY0.REC S25MY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 25, 2000 CONGRESSIONAL RECORD — SENATE S4463 for Public Affairs. He became Director Graton Rancheria, it will restore all in Quincy, Illinois—160 small business of the National Air and Space Museum federal rights and privileges to the owners were asked to pay the EPA at the Smithsonian Institution in April tribal members including health, edu- more than $3 million for garbage le- 1971 and was promoted to Under Sec- cation, and housing services. It will gally hauled to a dump more than 20 retary of the Smithsonian in April 1978. also permit the Graton Rancheria to years ago. The situation in Quincy is He retired from the Air Force with the maintain an existing cemetery and just one example of the very real, ongo- rank of Major General. He has written place of worship. Finally, this bill is ing Superfund legal threat to small numerous articles and two books, unique in that it contains a clause business owners across the nation. ‘‘Carrying the Fire and Liftoff,’’ as well whereby the tribe permanently waives as a children’s book, ‘‘Flying to the any right to casino-style gambling on Mr. President, we all know that Moon and Other Strange Places.’’ their land. Superfund was created to clean up the Mr. President, presenting Congres- Mr. President, the tribes of the nation’s most-hazardous waste sites. sional Gold Medals to the crew of the Graton Rancheria are an integral and Superfund was not created to have Apollo 11 is as much about the future as important part of the Bay Area’s cul- small business owners sued for simply it is about the past. These medals will tural heritage and history. It was throwing out their trash! These small be a reminder of the great accomplish- wrong to terminate their status in 1966, business owners are faced with so many ment of Apollo 11 and her crew. More- and it is only right to restore their for- challenges already, that the thousands over, the presentation of the medals mal recognition now. of dollars in penalties and lawsuits will help inspire future generations of leave them with no choice but to mort- Americans to continue striving to ac- By. Mr. BOND: gage their businesses, their employees complish tasks that may seem out of S. 2634. A bill to amend the Com- and their future to pay for the bills of reach, like putting a man on the moon. prehensive Environmental Response, a broken government program. I am convinced that somewhere in our Compensation, and Liability Act of schools today are the next Neil Arm- 1980 to provide liability relief to small How many times will we tell our- strong, Buzz Aldrin, and Michael Col- businesses; to the Committee on Envi- selves that this unacceptable situation lins. Before long, our children will be ronmental and Public Works. must be fixed before we act? Small talking about where they were when SMALL BUSINESS RELIEF ACT OF 2000 business owners literally cannot afford the first man or woman set foot on Mr. BOND. Mr. President, it is a to wait around while we delay action Mars. Let’s honor the immense pleasure for me to introduce the Small on the common-sense fixes required to achievement of the crew of Apollo 11. I Business Relief Act of 2000. This bill protect them and our environment. urge my colleagues to support pre- will provide a lifeline for the thousands In recognition of our small busi- senting Congressional Gold Medals to of small business owners threatened by nesses around the country and Small Neil Armstrong, Edwin E. ‘‘Buzz’’ lawsuits and litigation under the bro- Business Week, I introduce this bill Aldrin, Jr., and Michael Collins. ken Superfund liability system. and look forward to leading the fight This bill is simple. All this bill does By Mrs. BOXER: to ensure timely adoption of this long- is relieve innocent small business own- S. 2633. A bill to restore Federal rec- overdue legislation. ognition to the Indians of the Graton ers from superfund liability unless it is demonstrated that the small business Rancheria of California; to the Com- By Mr. FRIST (for himself, Mr. is guilty of gross negligence or did con- mittee on Indian Affairs. HARKIN, Mr. JEFFORDS, Mrs. tribute significantly to the toxic waste GRATON RANCHERIA RESTORATION ACT MURRAY, Mr. BINGAMAN, Ms. at the superfund site. Mrs. BOXER. Mr. President. I am de- My bill will not let polluters off the MIKULSKI, and Mr. REED): lighted today to introduce legislation hook. This common-sense proposal will S. 2635. A bill to reduce health care to restore federal recognition to the make the Superfund program a little costs and promote improved health by Graton Rancheria, which is composed more reasonable and workable. With providing supplemental grants for addi- of Coastal Miwok and Southern Pomo this legislation, we can begin to pro- tional preventive health services for tribal members. This bill is identical to legislation that has been introduced in vide some relief to small business own- women; to the Committee on Health, the House of Representatives by Con- ers who are held hostage by potential Education, Labor, and Pensions. Superfund liability. gresswoman LYNN WOOLSEY. It is my For years now, members from both THE WISEWOMAN EXPANSION ACT OF 2000 great pleasure to carry this legislation ∑ in the Senate and to correct an injus- sides of the aisle have said that the Mr. FRIST. Mr. President, many of tice committed against these original Superfund program is broken, it us associate cardiovascular disease inhabitants of the region some 34 years doesn’t work, it must be reformed. Un- with men, but the American Heart As- ago. fortunately we haven’t gotten past the sociation estimates that nearly one in The Coastal Miwok and Southern rhetoric to fix the problem. Instead of two women will die of heart disease or Pomo Indians flourished in Marin and making changes that will produce re- stroke. Unfortunately, most women do southern Sonoma counties for many sults that are better for the taxpayers, not realize that they are at such high hundreds of years. At the time of Euro- better for the environment, and more risk for cardiovascular disease because pean settlement, there were as many as efficient for everyone involved—gov- of its historically male stereotype. In 5,000 of these tribal members. By the ernment agencies, federal bureaucrats, fact, cardiovascular diseases kill near- end of the 19th Century, however, dis- and Congress has protected this trou- ly 50,000 more women each year than ease and enforced labor had killed off bled and inefficient program from men. Even more alarming is a recent most of them. And the federal govern- meaningful reform. survey reported by the Society for ment formally terminated the tribe’s As Washington has played politics Women’s Health Research which re- identity in 1966 under the California with the Superfund program, innocent vealed that not all physicians know Rancheria Act, after concluding, incor- Main Street small business owners that cardiovascular diseases are the rectly, that virtually all of the mem- across the nation, the engine of our leading cause of death among Amer- bers were deceased. economy, continue to be unfairly ican women. The descendants of 12 Graton pulled into Superfund’s legal quagmire. Rancheria survivors now number over Even the EPA has stated its support Each year nearly half a million 300, and they refer to themselves as the for protecting restaurant owners, women lose their lives as a result of ‘‘Federated Indians of Graton mom-and-pop convenience store opera- heart disease and stroke. Since 1984, Rancheria’’—after the town in south- tors, and other small business owners fortunately, men have experienced a ern Sonoma County where an acre- who have legally disposed of their decline in deaths due to cardiovascular sized piece of their original reservation trash and cannot afford the tab that diseases, while, unfortunately, women is still owned by a Miwok descendant. comes with Superfund legal bills. have not. Tragically, many of these This legislation not only restores Let’s put a human face on this: last deaths could have been prevented. Had dignity and a sense of identity to the year, just across the Missouri border— these women known they were at risk
VerDate Mar 15 2010 23:34 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00065 Fmt 4624 Sfmt 0634 E:\2000SENATE\S25MY0.REC S25MY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4464 CONGRESSIONAL RECORD — SENATE May 25, 2000 for cardiovascular disease, they could screenings for breast and cervical can- more economically insecure. Safety net pro- have taken preventive measures by not cers. The women who benefit from this grams often are the difference between life smoking, lowering their cholesterol or program are generally too young for and death. The WISEWOMAN Expansion Act is building on a foundation that has provided blood pressure, or by eating more nu- Medicare, unable to qualify for Med- positive feedback and will allow additional tritiously, and perhaps prevented be- icaid or other state programs, and states to provide prevention services to coming a victim of heart disease or would otherwise fall through the those women in need. We applaud the flexi- stroke. For many women, prevention is cracks in our health system. bility of the legislation. With the passage of truly the only cure, since it has been Our bill provides for the expansion of time, as new technologies develop, as disease reported that as many as two-thirds of the WISEWOMAN (Well-Integrated burdens shift, and a lifestyle change, the pro- women who die from heart attacks Screening and Evaluation for Women gram can address women’s most critical health needs. have no warning symptoms of any in Massachusetts, Arizona, and North We thank you for your commitment to im- kind. Carolina) demonstration project, which proving the nation’s health through preven- Cardiovascular diseases kill more is run by the CDC in conjunction with tion. By focusing on the health of women, American females each year than the the NBCCEDP, to additional states. you ultimately will be improving the health next 14 causes of death combined, in- The WISEWOMAN program capitalizes of the nation’s families. cluding all forms of cancers. Over half on the highly successful infrastructure Sincerely, PHYLLIS GREENBERGER, of all cardiovascular deaths each year of the NBCCEDP to offer ‘‘one-stop are women, and in 1997 alone heart dis- Executive Director. shopping’’ screening and preventive ROBERTA BIEGEL, eases claimed the lives of 502,938 services for uninsured and low-income Director of Govern- women. My home state of Tennessee women. In addition to these very im- ment Relations. has the second highest death rate from portant breast and cervical cancer heart disease, stroke, and other cardio- screenings, WISEWOMAN screens for THE SUSAN G. KOMEN vascular diseases in the nation and the cardiovascular disease risk factors and BREAST CANCER FOUNDATION, 13th highest ranking state in women’s provides health counseling and life- Dallas, TX, May 19, 2000. heart deaths. In 1997, 10,884 Tennessee Hon. WILLIAM FRIST, style interventions to help women re- U.S. Senate, Russell Senate Building, Wash- women died from these two cardio- duce behavioral risk factors. The pro- ington, DC. vascular diseases alone. According to gram addresses risk factors such as ele- Hon. TOM HARKIN, the CDC, women in the rural South are vated cholesterol, high blood pressure, U.S. Senate, Hart Senate Building, Washington, more likely to die of heart disease than obesity and smoking and provides im- DC. those in other parts of the country. An portant additional intervention and DEAR SENATORS FRIST AND HARKIN: On be- even more disturbing disparity is that educational services to women who half of the Susan G. Komen Breast Cancer the age adjusted death from coronary Foundation, I would like to express our sup- would not otherwise have access to car- port for The WISEWOMAN Expansion Act of heart disease for African-American diovascular disease screening or pre- 2000. Your leadership has made the expansion women is nearly 72 percent higher than vention. This bill also adds flexibility effort a reality and we intend to activate our that of white women. to the program language that would Komen affiliates grassroots to help gather Fortunately, some preventive meas- allow screenings and other preventive more Senatorial support. We understand ures, such as physical activity and bet- measures for diseases in addition to that the expansion would allow flexibility for the WISEWOMAN program to grow and ter nutrition, can be taken by women cardiovascular diseases, such as to reduce their risk for cardiovascular adapt with the needs of the individual states osteoporosis, as more preventive tech- and will ensure full collaboration of the diseases, as well as other preventable nology is developed. WISEWOMAN program with the National diseases, such as osteoporosis. Mr. President, I would like to thank Breast and Cervical Cancer Early Detection Osteoporosis, affecting one out of every Judy Womack and Dr. Joy Cox of the Program (NBCCEDP) on which it is two over 50, is also a preventable dis- Tennessee Department of Health for piggybacked. ease that American women are facing. their counsel and assistance on this Further, our discussions with your staff have reiterated the importance of being cer- Furthermore, osteoporosis is a health legislation and for their efforts in help- threat for roughly 28 million Ameri- tain that the programs are funded separately ing Tennesseans. and that the WISEWOMAN expansion is ac- cans, 80 percent of whom are women. This bipartisan bill is supported by complished as a complement to the existing In an effort to continue to draw at- the Susan G. Komen Breast Cancer NBCCEDP effort. tention and greater awareness to Foundation, the Society for Women’s We applaud your efforts to provide greater health issues among American women, Health Research, the American Cancer screening coverage for women as a means of particularly cardiovascular diseases, I detecting problems sooner and strongly be- Society, the National Osteoporosis lieve that this program will save many lives am very pleased to introduce today the Foundation, and the American Heart ‘‘WISEWOMAN Expansion Act of 2000,’’ as it expands nationwide. Association. Mr. President, I ask unan- The mission of the Susan G. Komen Breast with Senator HARKIN. Our goal in ex- imous consent to place the following Cancer Foundation is to eradicate breast panding this program is to reduce the letters of support in the RECORD. cancer as a life-threatening disease by ad- risk of cardiovascular diseases, and There being no objection, the letters vancing research, education, screening and other preventable diseases, and to in- were ordered to be printed in the treatment. The Komen Foundation is com- crease access to screening and other prised of 115 affiliates in 45 states and the RECORD, as follows: District of Columbia, with over 40,000 volun- preventive measures for low-income SOCIETY FOR and underinsured women. In addition teers and 4 international affiliates. Komen WOMEN’S HEALTH RESEARCH, has raised well over $200 million in further- to making cardiovascular diseases Washington, DC, May 24, 2000. ance of its mission. But we cannot do it screening accessible to underserved Hon. BILL FRIST, alone. It takes dedicated Members of Con- women, this program will also educate Chair, Subcommittee on Public Health, Com- gress like you. them about their risk for cardio- mittee on Health, Education, Labor, and Again, thank you for your efforts to ad- vascular diseases and how to make life- Pensions, Dirksen Senate Office Building, vance WISEWOMAN as a separate program Washington, DC. style changes thus giving them the and we look forward to working with you to DEAR SENATORS FRIST AND HARKINS: On be- make this legislation a reality for all. power to prevent these diseases. half of the Society for Women’s Health Re- With best regards, The National Breast and Cervical search, we express our appreciation for your DIANE L. BALMA, Cancer Early Detection Program leadership on the introduction of the Senior Counsel and (NBCCEDP), run by the Centers for ‘‘WISEWOMAN Expansion Act of 2000.’’ In Director of Public Policy. Disease Control and Prevention (CDC), addition to a strong national research pro- is an example of a successful program gram, disease prevention is vital to our na- NATIONAL OSTEOPOROSIS FOUNDATION, that has provided critical services to tion’s health. Chronic diseases, such as heart Washington, DC, May 24, 2000. help prevent major diseases affecting disease, cancer, diabetes, and ostoeoporosis Hon. TOM HARKIN, are among the most prevalent, costly and American women. The NBCCEDP has Hon. BILL FRIST, preventable of all health problems. U.S. Senate, done an outstanding job of bringing in As you know, women tend to live longer Washington, DC. low-income underinsured women and but not necessarily better than men. They DEAR SENATORS HARKIN AND FRIST: On be- providing them with preventive have more chronic health conditions and are half of the National Osteoporosis Foundation
VerDate Mar 15 2010 23:34 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00066 Fmt 4624 Sfmt 0634 E:\2000SENATE\S25MY0.REC S25MY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 25, 2000 CONGRESSIONAL RECORD — SENATE S4465 (NOF), I commend you on the introduction of brother of two sisters lost to breast Mr. President, this bipartisan legisla- the bipartisan WISEWOMEN Expansion Act cancer and the father of two daughters, tion has the support of the National of 2000 that supports your effort to provide I know first hand the importance of Osteoporosis Foundation, the Amer- additional preventive health services, includ- making women’s health initiatives a ican Cancer Society and the Komen ing osteoporosis screening, to low-income and uninsured women. top priority. The first step to fighting Foundation, among others. I urge my As you know, osteoporosis is a major a chronic disease like cancer, heart dis- colleagues to join us in supporting this health threat for more than 28 million Amer- ease or osteoporosis is early detection. critical legislation.∑ icans, 80 percent of whom are women. In the All woman deserve to benefit from the United States today, 10 million individuals early detection and prevention made By Mr. DEWINE: already have the disease and 18 million more possible by the latest advances in med- S. 2636. A bill to amend title 38, have low bone mass, placing them at in- icine. This bill ensures a place for United States Code, to provide pay par- creased risk for osteoporosis. Also, one out ity for dentists with physicians em- lower-income woman at the health care of every two women over 50 will have an ployed by the Veterans Health Admin- osteoporosis-related fracture in their life- table. Mr. President, the majority of Amer- istration, and for other purposes; to time. It is estimated that the direct hospital the Committee on Veterans’ Affairs. and nursing home costs of osteoporosis are icans associate cardiovascular disease THE DEPARTMENT OF VETERANS AFFAIRS over $13.8 billion annually, with much of with men, but the American Heart As- DENTISTS APPRECIATION ACT that attributed to the more than 1.5 million sociation estimates that nearly one in ∑ Mr. DEWINE. Mr. President, as my osteoporosis-related fractures that occur an- two women will die of heart disease or colleagues know, there has been a nually. stroke. In fact, cardiovascular diseases The health care services included in the great deal of attention given to the kills nearly 50,000 more women each WISEWOMEN program have provided posi- sizeable problems both in recruiting year than men. In my own state of tive results for many women who have par- and in retaining the men and women in Iowa, cardiovascular disease accounts ticipated and ultimately cost-savings for the our military services. In response, Con- states that have participated. Expansion of for 44 percent of all dealths in Iowa. gress last year passed a 4.8 percent teh WISEWOMEN model to additional states Close to 7,000 women die annually in across the board pay raise, reformed and for additional preventive services, such Iowa from cardiovascular disease. Each as screening for osteoporosis, should enhance the pay scales, and corrected a retire- year, nearly half a million women lose ment system for our soliders, sailors, positive results for both the women and their lives as a result of heart disease states participating in the program. airmen, and marines in the service of The National Osteoporosis Foundation is and stroke. Sadly, with appropriate our country. This year, Congress is most appreciative of your efforts to promote screening and interventions, many of considering ways to reform and im- improved bone health and endorses the these deaths could have been pre- prove the strength of our military WISEWOMEN Expansion Act of 2000. vented. health care system. Sincerely, Osteoporosis is also a preventable Mr. President, these measures are SANDRA C. RAYMOND, disease and affects 1 out of every 2 Executive Director.∑ the least we can do to recognize the women over the age of 50. Fortunately, men and women of our military serv- ∑ Mr. HARKIN. Mr. President, I am some of the preventive measures ices for the important part they play in pleased to join Senator FRIST today to women can take to reduce their risk maintaining our nation’s security and introduce the ‘‘WISEWOMAN Expan- for cardiovascular diseases, such as our influence around the globe. sion Act.’’ This bill will help thousands eating more nutritious foods and exer- But, Mr. President, there are other of women have access to basic preven- cising, can also reduce their risk for members of our civilian workforce that tive health care they may otherwise osteoporosis. also face recruiting and retention prob- not receive. The legislation builds on a Mr. President, our bill would do the lems, and deserve congressional atten- successful demonstration program and following: tion. Last year, Congressman STEVE expands screening services and preven- Expand the current WISEWOMAN LATOURETTE and I introduced the De- tive care for uninsured and low-income demonstration project to additional partment of Veterans Affairs (VA) women across the nation. states; Nurse Appreciation Act, which is de- Beginning in 1990, I worked as Chair- Add flexibility to program language signed to correct a provision in the law man of the Labor, Health and Human that would allow screenings and other that has been used in recent years to Services and Education Appropriations preventive measures for diseases in ad- deny VA nurses the annual cost of liv- Subcommittee to provide the funding dition to cardiovascular diseases; ing pay adjustments given to federal for the National Breast and Cervical Allow flexibility for the employees. In some cases, the law was Cancer Early Detection Program WISEWOMAN program to grow and used to cut the pay of some VA nurses. (NBCCEDP), run through the Centers adapt with the changing needs of indi- The law needs to be changed. for Disease Control and Prevention. In vidual states and our better under- Today, I am introducing legislation Iowa alone, the program has success- standing of new preventive strategies; to address another field of critical im- fully served 8694 women through 618 and portance to the VA—dental care, which provider-based breast and cervical can- Ensures continued full collaboration is also facing serious personnel reten- cer screening sites. of the WISEWOMAN program with the tion problems. Over the past five years, Today, the Centers for Disease Con- NBCCEDP; the Department of Veterans Affairs has trol and Prevention currently run the Authorizes the CDC to make com- experienced a decline from 830 full-time WISEWOMAN (Well-Integrated Screen- petitive grants to states to carry out dentists to only 630, and the numbers ing and Evaluation for Women in Mas- additional preventive health services are still declining. In addition, the sachusetts, Arizona and North Caro- to the breast and cervical cancer turnover rate during the past 2 years lina) program through the NBCCEDP screenings at NBCCEDP programs, have been more than 11 percent. An in- as a demonstration project. The pro- such as: screenings for blood pressure, creasing number of young and mid-ca- gram has successfully built upon the cholesterol, and osteoporosis; health reer dentists are leaving the VA. There framework of the NBCCEDP to target education and counseling; lifestyle are fewer highly qualified applicants other chronic diseases among women, interventions to change behavioral risk applying to fill vacant positions, and including heart disease, the leading factors such as smoking, lack of exer- most vacancies take several months to cause of death among women, and cise, poor nutrition, and sedentary life- fill. An additional concern is the aging osteoporosis. The programs address style; and appropriate referrals for of the current VA dental workforce. risk factors such as elevated choles- medical treatment and follow-up serv- Within 2 years, almost 50 percent of all terol, high blood pressure, obesity and ices. VA dentist will be eligible for regular smoking and provide important addi- In order to be eligible for this pro- or early-out retirement. tional intervention services. gram, states are required to already The legislation I am introducing This demonstration project has been participate in the NBCCEDP and to today would attempt to address these successful. It is now time to expand the agree to operate their WISEWOMAN challenges and ensure the availability program to additional states, and even- program in collaboration with the of quality dental health care for our tually make it nationwide. As the NBCCEDP. veterans.
VerDate Mar 15 2010 23:34 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00067 Fmt 4624 Sfmt 0634 E:\2000SENATE\S25MY0.REC S25MY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4466 CONGRESSIONAL RECORD — SENATE May 25, 2000
One of the major reasons for the de- Rate unique to Montana but we are willing cline in the numbers of VA dentists is ‘‘Length of Service to address the issue and take the first Minimum Maximum the availability of higher paying jobs step towards a more efficient Veterans in the civilian sector. The type of work 12 years or more ...... 12,000 25,000’’; Administration. We need to dedicate done at the VA is more challenging the limited resources of this agency to than that of the average hometown (3) in paragraph (3)(A), by striking the essential task of maintaining our dentist. VA dentists frequently provide ‘‘$20,000’’ and inserting ‘‘$40,000’’; commitment to America’s veterans (4) in paragraph (4)(A), by amending the with adequate health care rather than their services to homeless veterans table to read as follows: whose dental needs are much more de- to excessive administration and main- manding. Rate tenance costs. An additional reason is that even ‘‘Position At the same time, what is a liability with the ‘‘special pay’’ and the ‘‘re- Minimum Maximum for the VA will be an asset to a com- sponsibility pay’’ that is available Service Chief (or in a comparable position munity that has an inadequate tax as determined by the Secretary) ...... $4,500 $15,000 base to support the development of in- under current law, VA dentists’ sala- Chief of Staff or in an Executive Grade ...... 14,500 25,000 ries still are not competitive with fel- Director Grade ...... 0 25,000’’; frastructure that will have a signifi- low non-VA dentists. In addition, all cant and long-lasting impact on jobs full-tme VA physicians receive a ‘‘spe- (5) in paragraph (4)(B), by amending the creation, educational opportunity, and cial pay’’ incentive of $9,000 annually, table to read as follows: will ultimately enhance the tax base as while VA dentists receive only $3,500. ‘‘Position Rate well. The ‘‘responsibility pay’’ depends on Deputy Service Director ...... $20,000 The concept that is inherent in this Service Director ...... 25,000 bill is a win-win situation for all the the additional responsibilities the phy- Deputy Assistant Under Sec- sician or dentist is performing. affected parties and I encourage posi- retary for Health ...... 27,500 tive consideration by my colleagues. The reason for the difference is that Assistant Under Secretary for when current law was passed nearly a Health (or in a comparable By Mr. DOMENICI (for himself, decade ago, there was a shortfall of position as determined by the Mr. KENNEDY, and Mr. physicians, and a ready supply of den- Secretary) ...... 30,000’’; WELLSTONE): tists. (6) in paragraph (6), by striking ‘‘$5,000’’ S. 2639. A bill to amend the Public The legislation I am introducing and inserting ‘‘$17,000’’; and (7) in paragraph (7)(A), by striking ‘‘$5,000’’ Health Service Act to provide pro- today, would correct this disparity and grams for the treatment of mental ill- bring ‘‘special pay’’ for dentists to and inserting ‘‘$15,000’’. (b) EFFECTIVE DATE.—The amendments ness; to the Committee on Health, Edu- $9,000 annually and would increase the made by this section shall apply to any con- cation, Labor, and Pensions. ‘‘responsibility pay’’ for dentists in tract entered into under chapter 74 of title THE MENTAL HEALTH EARLY INTERVENTION, management positions, so that they 38, United States Code, after the date of the TREATMENT, AND PREVENTION ACT OF 2000 would be in the same responsibility pay enactment of this Act.∑ ∑ Mr. DOMENICI. Mr. President, I rise range as physicians. This bill is similar today to introduce the Mental Health to legislation introduced by Congress- By Mr. BAUCUS (for himself and Early Intervention, Treatment, and man BOB FILNER of California Mr. BURNS): Prevention Act of 2000 with my friend S. 2637. A bill to require a land con- The National Association of VA Phy- Senator KENNEDY. sicians and Dentists have offered their veyance, Miles City Veterans Adminis- Today we do not even question full support for this initiative and so tration Medical Complex, Miles City, whether mental illness is treatable. has the American Dental Association. Montana; to the Committee on Vet- But, today we recoil in shock and dis- As a matter of fact, a very dear long- erans’ Affairs. belief at the consequences of individ- time friend of my family, Doctor MILES CITY VETERANS ADMINISTRATION MED- uals not being diagnosed or following Dwight Pemberton, a friend of my par- ICAL COMPLEX LAND CONVEYANCE LEGISLA- their treatment plans. The results are TION ents and gransparents, was the one who tragedies we could have prevented. brought this issue to my attention and Mr. BURNS. Mr. President, I rise to Just look at the tragic incidents at encouraged me to introduce this legis- express my support for legislation in- the Baptist Church in Dallas/Fort lation. I thank him for his support and troduced today by my colleague, Sen- Worth, the Jewish Day Care Center in advocacy for this legislation, and look ator BAUCUS, that will transfer owner- Los Angeles, and the United States forward to working toward a positive ship of the Miles City, Montana Vet- Capitol to see the common link: a se- solution to this problem. erans Hospital from the Veterans Ad- vere mental illness. Or the fact that I urge my colleagues to support this ministration to Custer County, Mon- there are 30,000 suicides every year, in- bill for the continued reliable dental tana. Indeed, I am co-sponsor of this cluding 2,000 children and adolescents. coverage for our veterans. bill for the reason that within the Vet- It was not too long ago that our na- Mr. President, I ask unanimous con- erans Administration there are unused tion decided we did not want to keep sent that the text of the Department of properties that have become liabilities people chained in institutions. Simply Veterans Affairs Dentists Appreciation that detract from the mission of the put, it was inhumane to simply lock Act be printed in the RECORD. VA, which is to take care of our vet- these individuals up without even S. 2636 eran population. At the same time, using science to consider other alter- Be it enacted by the Senate and House of Rep- these resources could be assets to the natives. In fact, one of the first awards resentatives of the United States of America in communities where they exist. I received as a Senator was a Freedom Congress assembled, This is exactly the situation we have Bell made from these very chains. SECTION 1. SHORT TITLE. in Miles City, Montana. Maintaining a Make no mistake, our nation still This Act may be cited as the ‘‘Department facility that is no longer needed costs has these same individuals with mental of Veterans Affairs Dentists Appreciation the VA approximately $500,000 that illness, we just do not have a very good Act’’. would otherwise be dedicated to im- way to deal with these individuals. SEC. 2. PAY PARITY FOR DENTISTS. proving access and quality of care for Many of these individuals formerly (a) IN GENERAL.—Section 7435(b) of title 38, Montana’s veterans. At the same time, locked up are now our neighbors taking United States Code, is amended— the community of Miles City has need (1) in paragraph (1), by striking ‘‘$3,500’’ the proper medication to control their and inserting ‘‘$9,000’’; of additional space for use by the com- illness. (2) in paragraph (2)(A), by amending the munity college and other entities de- However, our nation simply does not table to read as follows: signed to enhance the quality of life have an understanding of what happens and economic development opportuni- when individuals stop taking their Rate ties for all the people of southeast medications. ‘‘Length of Service Minimum Maximum Montana. I believe the American people are This legislation represents a creative ready for a direct assault on their con- 2 years but less than 4 years ...... $4,000 $6,000 solution that serves the best interest of 4 years but less than 8 years ...... 6,000 12,000 sciences about a comprehensive ap- 8 years but less than 12 years ...... 12,000 18,000 all involved. The situation is not proach to prevent the tragic incidents
VerDate Mar 15 2010 23:34 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00068 Fmt 4624 Sfmt 0634 E:\2000SENATE\S25MY0.REC S25MY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 25, 2000 CONGRESSIONAL RECORD — SENATE S4467 mentioned. Many people just do not I really believe we have a historic op- SEC. 3. AMENDMENT TO THE PUBLIC HEALTH take notice because America is known portunity to become preventers of seri- SERVICE ACT. for her freedom, but sadly many of ous, serious acts of violence before Title V of the Public Health Service Act (42 U.S.C. 290aa et seq.) is amended by adding these highly publicized incidents of they happen. Thank you very much and at the end the following: mass violence all too often involve an I look forward to working with Senator ‘‘PART G—PROGRAMS FOR TREATMENT individual with a mental illness. KENNEDY and my colleagues on this OF MENTAL ILLNESS When these incidents occur, my wife legislative initiative. ‘‘SEC. 581. ANTI-STIGMA AND SUICIDE PREVEN- and I watch with horror on television Mr. President, I ask unanimous con- TION CAMPAIGN. and we often turn to each other and sent that a copy of the bill and a sum- ‘‘(a) IN GENERAL.—The Secretary shall say that person was a schizophrenic or mary of the bill be printed in the carry out a national anti-stigma and suicide that individual was a manic depressive. RECORD. prevention campaign to reduce the stigma often associated with mental illness. Sadly, society often does not want to There being no objection, the mate- ‘‘(b) USE OF FUNDS.—The Secretary shall take the extra step to help these indi- rial was ordered to be printed in the viduals because they are either scared use funds authorized for the campaign de- RECORD, as follows: or simply do not know how to help. Un- scribed in subsection (a)— S. 2639 ‘‘(1) to make public service announcements fortunately, there is no place that a to reduce any stigma associated with mental community can take these individuals Be it enacted by the Senate and House of Rep- illness; for help. The police can do very little resentatives of the United States of America in ‘‘(2) to provide education regarding mental and likewise for hospitals. Congress assembled, illness, including education regarding the bi- I believe we must come together as a SECTION 1. SHORT TITLE. ology of mental illness, the effectiveness of nation to find a community based solu- This Act may be cited as the ‘‘Mental treatment, and the resources that are avail- tion so when someone sees an indi- Health Early Intervention, Treatment, and able for individuals afflicted with a mental vidual in obvious need of help they will Prevention Act of 2000’’. illness and for families of such individuals; know exactly what to do. ‘‘(3) to provide science-based education re- SEC. 2. FINDINGS. garding suicide and suicide prevention, in- Some of you may have seen the re- Congress makes the following findings: cluding education regarding recognition of cent 4 part series of articles in the New (1) Almost 3 percent of the adult popu- the symptoms that indicate that thoughts of York Times reviewing the cases of 100 lation or 5 million individuals in the United suicide are being considered; rampage killers. Most notably the re- States suffer from a severe and persistent ‘‘(4) to provide education for parents re- view found that 48 killers had some mental illness. garding youth suicide and prevention; kind of formal diagnosis for a mental (2) Twenty-five to 40 percent of the individ- ‘‘(5) to purchase media time and space; illness, often schizophrenia. uals who suffer from a mental illness in the ‘‘(6) to pay for out-of-pocket advertising Twenty-five of the killers had re- United States will come into contact with production costs; the criminal justice system each year. ceived a diagnosis of mental illness be- ‘‘(7) to test and evaluate advertising and (3) Sixteen percent of all individuals incar- educational materials for effectiveness; and fore committing their crimes. Four- cerated in State and local jails suffer from a ‘‘(8) to carry out other activities that the teen of 24 individuals prescribed psy- mental illness. Secretary determines will reduce the stigma chiatric drugs had stopped taking their (4) Suicide is currently a national public associated with mental illness. medication prior to committing their health crisis, with approximately 30,000 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.— crimes. Americans committing suicide every year, There is authorized to be appropriated to In particular I would point to a cou- including 2,000 children and adolescents. carry out this section— ple of passages from the series: ‘‘They (5) The stigma associated with mental dis- ‘‘(1) $50,000,000 to carry out paragraphs (1), give lots of warning and even tell peo- orders often discourages individuals from (2), (4), (5), (6), and (7) of subsection (b) for seeking treatment, decreases such individ- fiscal year 2001, and such sums as may be ple explicitly what they plan to do.’’ uals’ access to housing and employment, and necessary for fiscal years 2002 through 2005; . . . ‘‘a closer look shows that these interferes with such individuals’ full partici- and cases may have more to do with soci- pation in society. ‘‘(2) $25,000,000 to carry out paragraph (3) of ety’s lack of knowledge of mental (6) In industrialized countries, mental ill- subsection (b) for fiscal year 2001, and such health issues . . . In case after case, ness constitutes 4 of the 10 leading causes of sums as may be necessary for fiscal years family members, teachers and mental disability for individuals who are 5 years of 2002 through 2005. health professionals missed or dis- age or older. Such illnesses are, in the order ‘‘SEC. 582. MENTAL ILLNESS AWARENESS TRAIN- missed signs of deterioration.’’ of prevalence, depression, schizophrenia, bi- ING GRANTS FOR TEACHERS AND polar disorder, and obsessive compulsive dis- EMERGENCY SERVICES PERSONNEL. It is for these reasons that I am so order. ‘‘(a) PROGRAM AUTHORIZED.—The Secretary pleased that Senator KENNEDY has (7) Presently, nearly 7,500,000 children and shall award grants to States, political sub- joined me to introduce this comprehen- adolescents, or 12 percent of such population, divisions of States, Indian tribes, and tribal sive piece of legislation. The legisla- suffer from 1 or more types of mental dis- organizations to train teachers and other tion attempts to prevent these inci- orders. relevant school personnel to recognize symp- dents and the other tragic results of (8) Of the almost 850,000 individuals who toms of childhood and adolescent mental dis- mental illness before they happen. are homeless in the United States, approxi- orders, to refer family members to the appro- The bill we are introducing today mately 1⁄3 or about 300,000 of such individuals priate mental health services if necessary, to will provide for: A mental Illness Anti- suffer from a serious mental illness. train emergency services personnel to iden- (9) The majority of individuals with a men- tify and appropriately respond to persons Stigma and Suicide Prevention Cam- tal illness can now be successfully treated. with a mental illness, and to provide edu- paign; Emergency Mental Health Cen- (10) The primary care setting provides an cation to such teachers and personnel re- ters to serve as the central receiving important opportunity for the recognition of garding resources that are available in the point in communities for families, mental disorders, especially in children, ado- community for individuals with a mental ill- friends, emergency medical personnel, lescents, and seniors. ness. and law enforcement to take an indi- (11) The first Surgeon General’s Report on ‘‘(b) EMERGENCY SERVICES PERSONNEL.—In vidual in need of emergency mental Mental Health, released in December 1999, this section, the term ‘emergency services health services; Mental Health Aware- describes a vision for the future that in- personnel’ includes paramedics, firefighters, cludes 8 areas, being— and emergency medical technicians. ness Training for Teachers and Medical (A) continuing to build the science base; ‘‘(c) DISTRIBUTION OF AWARDS.—The Sec- Personnel to identify and respond to (B) overcoming stigma; retary shall ensure that such grants awarded individuals with a mental illness; Men- (C) improving public awareness of effective under subsection (a) are equitably distrib- tal Health Courts that will maintain treatment; uted among the geographical regions of the separate dockets and handle only cases (D) ensuring the supply of mental health United States and between urban and rural involving individuals with a mental ill- services and providers; populations. ness; A Blue Ribbon Panel to make rec- (E) ensuring delivery of state-of-the-art ‘‘(d) APPLICATION.—A State, political sub- ommendations on issues relating to treatments; division of a State, Indian tribe, or tribal or- (F) tailoring treatment to age, gender, ganization that desires a grant under this mental illness with a focus on the diag- race, and culture; section shall submit an application to the nosis and treatment of mental illness; (G) facilitating entry into treatment; and Secretary at such time, in such manner, and and Increased Funding for Innovative (H) reducing financial barriers to treat- containing such information as the Sec- Treatment and Research. ment. retary may require, including a plan for the
VerDate Mar 15 2010 23:34 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00069 Fmt 4624 Sfmt 0634 E:\2000SENATE\S25MY0.REC S25MY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4468 CONGRESSIONAL RECORD — SENATE May 25, 2000 rigorous evaluation of activities that are ‘‘(iv) provide any treatment that is nec- gram following the conclusion of Federal carried out with funds received under a grant essary for an individual with a mental illness support; and under this section. or a referral for such individual to another ‘‘(E) describe methodology and outcome ‘‘(e) USE OF FUNDS.—A State, political sub- facility where such treatment may be re- measures that will be used in evaluating the division of a State, Indian tribe, or tribal or- ceived; and program. ganization receiving a grant under sub- ‘‘(B) may establish and train a mobile cri- ‘‘(d) USE OF FUNDS.—A State, political sub- section (a) shall use funds from such grant sis intervention team to respond to mental division of a State, Indian tribe, or tribal or- to— health emergencies within the community. ganization that receives a grant under sub- ‘‘(1) train teachers and other relevant ‘‘(f) EVALUATION.—A State, political sub- section (a) may use funds received under school personnel to recognize symptoms of division of a State, Indian tribe, or tribal or- such grant to— childhood and adolescent mental disorders ganization that receives a grant under sub- ‘‘(1) integrate the diversion program into and appropriately respond; section (a) shall prepare and submit an eval- the existing system of care; ‘‘(2) train emergency services personnel to uation to the Secretary at such time, in such ‘‘(2) create or expand community-based identify and appropriately respond to per- manner, and containing such information as mental health and co-occurring mental ill- sons with a mental illness; and the Secretary may reasonably require, in- ness and substance abuse services to accom- ‘‘(3) provide education to such teachers and cluding an evaluation of activities carried modate the diversion program; personnel regarding resources that are avail- out with funds received under this section ‘‘(3) train professionals involved in the sys- able in the community for individuals with a and a process and outcomes evaluation. tem of care, and law enforcement officers, mental illness. ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.— attorneys, and judges; and ‘‘(f) EVALUATION.—A State, political sub- There is authorized to be appropriated to ‘‘(4) provide community outreach and cri- division of a State, Indian tribe, or tribal or- carry out this section, $50,000,000 for fiscal sis intervention. ganization that receives a grant under this year 2001 and such sums as may be necessary ‘‘(e) FEDERAL SHARE.— section shall prepare and submit an evalua- for each of the fiscal years 2002 through 2005. ‘‘(1) IN GENERAL.—The Secretary shall pay tion to the Secretary at such time, in such ‘‘SEC. 584. GRANTS FOR JAIL DIVERSION PRO- to a State, political subdivision of a State, manner, and containing such information as GRAMS. Indian tribe, or tribal organization receiving the Secretary may reasonably require, in- ‘‘(a) PROGRAM AUTHORIZED.—The Secretary a grant under subsection (a) the Federal cluding an evaluation of activities carried shall make up to 125 grants to States, polit- share of the cost of activities described in ical subdivisions of States, Indian tribes, and out with funds received under the grant the application. tribal organizations, acting directly or under this section and a process and outcome ‘‘(2) FEDERAL SHARE.—The Federal share of through agreements with other public or evaluation. a grant made under this section shall not ex- nonprofit entities, to develop and implement ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.— ceed 75 percent of the total cost of the pro- programs to divert individuals with a mental There is authorized to be appropriated to gram carried out by the State, political sub- carry out this section, $50,000,000 for fiscal illness from the criminal justice system to division of a State, Indian tribe, or tribal or- year 2001 and such sums as may be necessary community-based services. ganization. Such share shall be used for new for each of fiscal years 2002 through 2005. ‘‘(b) ADMINISTRATION.— ‘‘(1) CONSULTATION.—The Secretary shall expenses of the program carried out by such ‘‘SEC. 583. GRANTS FOR EMERGENCY MENTAL State, political subdivision of a State, Indian HEALTH CENTERS. consult with the Attorney General and any tribe, or tribal organization. ‘‘(a) PROGRAM AUTHORIZED.—The Secretary other appropriate officials in carrying out shall award grants to States, political sub- this section. ‘‘(3) NON-FEDERAL SHARE.—The non-Fed- divisions of States, Indian tribes, and tribal ‘‘(2) REGULATORY AUTHORITY.—The Sec- eral share of payments made under this sec- organizations to support the designation of retary shall issue regulations and guidelines tion may be made in cash or in kind fairly hospitals and health centers as Emergency necessary to carry out this section, includ- evaluated, including planned equipment or Mental Health Centers. ing methodologies and outcome measures for services. The Secretary may waive the re- ‘‘(b) HEALTH CENTER.—In this section, the evaluating programs carried out by States, quirement of matching contributions. term ‘health center’ has the meaning given political subdivisions of States, Indian ‘‘(f) GEOGRAPHIC DISTRIBUTION.—The Sec- such term in section 330, and includes com- tribes, and tribal organizations receiving retary shall ensure that such grants awarded munity health centers and community men- grants under subsection (a). under subsection (a) are equitably distrib- tal health centers. ‘‘(c) APPLICATIONS.— uted among the geographical regions of the ‘‘(c) DISTRIBUTION OF AWARDS.—The Sec- ‘‘(1) IN GENERAL.—To receive a grant under United States and between urban and rural retary shall ensure that such grants awarded subsection (a), the chief executive of a State, populations. under subsection (a) are equitably distrib- chief executive of a subdivision of a State, ‘‘(g) TRAINING AND TECHNICAL ASSIST- uted among the geographical regions of the Indian tribe or tribal organization shall pre- ANCE.—Training and technical assistance United States, between urban and rural pop- pare and submit an application to the Sec- may be provided by the Secretary to assist a ulations, and between different settings of retary at such time, in such manner, and State, political subdivision of a State, Indian care including health centers, mental health containing such information as the Sec- tribe, or tribal organization receiving a centers, hospitals, and other psychiatric retary shall reasonably require. grant under subsection (a) in establishing and operating a diversion program. units or facilities. ‘‘(2) CONTENT.—Such application shall— ‘‘(h) EVALUATIONS.—The programs de- ‘‘(d) APPLICATION.—A State, political sub- ‘‘(A) contain an assurance that— scribed in subsection (a) shall be evaluated division of a State, Indian tribe, or tribal or- ‘‘(i) community-based mental health serv- not less than 1 time in every 12-month period ganization that desires a grant under sub- ices will be available for the individuals who using the methodology and outcome meas- section (a) shall submit an application to the are diverted from the criminal justice sys- Secretary at such time, in such manner, and ures identified in the grant application. tem, and that such services are based on the ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.— containing such information as the Sec- best known practices, reflect current re- There are authorized to be appropriated to retary may require, including a plan for the search findings, include case management, carry out this section $10,000,000 for fiscal rigorous evaluation of activities carried out assertive community treatment, medication year 2001, and such sums as may be necessary with funds received under this section. management and access, integrated mental for fiscal years 2002 through 2005. ‘‘(e) USE OF FUNDS.— health and co-occurring substance abuse ‘‘SEC. 585. SUICIDE PREVENTION ACROSS THE ‘‘(1) IN GENERAL.—A State, political sub- treatment, and psychiatric rehabilitation, division of a State, Indian tribe, or tribal or- LIFE SPECTRUM. and will be coordinated with social services, ‘‘(a) IN GENERAL.—The Secretary shall ganization receiving a grant under sub- including life skills training, housing place- award grants, cooperative agreements, or section (a) shall use funds from such grant to ment, vocational training, education job contracts to States, political subdivisions of establish or designate hospitals and health placement, and health care; States, Indian tribes, tribal organizations, centers as Emergency Mental Health Cen- ‘‘(ii) there has been relevant interagency and private nonprofit organizations to estab- ters. collaboration between the appropriate crimi- lish programs to reduce suicide deaths in the MERGENCY MENTAL HEALTH CENTERS.— ‘‘(2) E nal justice, mental health, and substance United States. Such Emergency Mental Health Centers de- abuse systems; and ‘‘(b) DURATION.—With respect to a grant, scribed in paragraph (1)— ‘‘(iii) the Federal support provided will be contract, or cooperative agreement awarded ‘‘(A) shall— used to supplement, and not supplant, State, under subsection (a), the period during which ‘‘(i) serve as a central receiving point in local, Indian tribe, or tribal organization payments under such award may be made to the community for individuals who may be sources of funding that would otherwise be the recipient may not exceed 5 years. in need of emergency mental health services; available; ‘‘(c) SPECIAL POPULATIONS.—In awarding ‘‘(ii) purchase, if needed, any equipment ‘‘(B) demonstrate that the diversion pro- grants, contracts, and cooperative agree- necessary to evaluate, diagnose and stabilize gram will be integrated with an existing sys- ments under subsection (a), the Secretary an individual with a mental illness; tem of care for those with mental illness; shall ensure that a portion of such awards ‘‘(iii) provide training, if needed, to the ‘‘(C) explain the applicant’s inability to are made in a manner that will focus on the medical personnel staffing the Emergency fund the program adequately without Fed- needs of populations who experience high or Mental Health Center to evaluate, diagnose, eral assistance; rapidly rising rates of suicide. stabilize, and treat an individual with a men- ‘‘(D) specify plans for obtaining necessary ‘‘(d) COLLABORATION.—In carrying out sub- tal illness; and support and continuing the proposed pro- section (a), the Secretary shall ensure that
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activities under this section are coordinated carry out this section $75,000,000 for fiscal ‘‘(1) IN GENERAL.—The Secretary shall with activities carried out by the relevant year 2001, and such sums as may be necessary award grants, contracts, or cooperative institutes at the National Institutes of for fiscal years 2002 through 2005. agreements to States, political subdivisions Health, the Health Resources and Services ‘‘SEC. 586. MENTAL ILLNESS OUTREACH SCREEN- of States, Indian tribes, tribal organizations, Administration, the Centers for Disease Con- ING PROGRAMS. and private nonprofit organizations for the trol and Prevention, the Administration on ‘‘(a) IN GENERAL.—The Secretary shall purpose of expanding community-based men- Children and Families, and the Administra- award grants, cooperative agreements, or tal health services to meet emerging or ur- tion on Aging. contracts to States, political subdivisions of gent mental health service needs in local ‘‘(e) REQUIREMENTS.—A State, political States, Indian tribes, tribal organizations, communities. subdivision of a State, Indian tribe, tribal or- and private nonprofit organizations to con- ‘‘(2) PRIORITY.—The Secretary shall give ganization, or private nonprofit organization duct outreach screening programs to identify priority in making awards under paragraph desiring a grant, contract, or cooperative children, adolescents, and adults with a men- (1) to States, political subdivisions of States, tal illness or a mental illness and co-occur- agreement under subsection (a) shall dem- Indian tribes, tribal organizations, and pri- ring substance abuse disorder and to provide onstrate that the program such entity pro- vate nonprofit organizations that— referrals for such children, adolescents, and poses will— ‘‘(A) have an integrated system of care or adults. ‘‘(1) provide for the timely assessment and are committed to developing such system of treatment of individuals at risk for suicide; ‘‘(b) DURATION.—The Secretary shall award care; ‘‘(2) use evidence-based strategies; grants, cooperative agreements, or contracts ‘‘(B) have a significant need for mental ‘‘(3) be based on best practices that are under subsection (a) for a period of not more health services as shown by a needs assess- adapted to the local community; than 5 years. ment and a lack of funds for providing the ‘‘(4) integrate its program into the existing ‘‘(c) APPLICATION.—A State, political sub- needed services; and health care system in the community, in- division of a State, Indian tribe, tribal orga- nization, or private nonprofit organization ‘‘(C) will work with— cluding primary health care, mental health desiring a grant, cooperative agreement, or ‘‘(i) adults who have a history of repeated services, and substance abuse services; contract under subsection (a) shall prepare psychiatric hospitalizations, have a history ‘‘(5) be integrated into other systems in and submit an application to the Secretary of interactions with law enforcement or the the community that address the needs of in- at such time, in such manner, and con- criminal justice system, or are homeless; or dividuals, including the educational system, taining such information as the Secretary ‘‘(ii) children or adolescents who are at juvenile justice system, prisons, welfare and may require, including— child protection systems, and community risk for suicide, parental relinquishment of ‘‘(1) a plan for the rigorous evaluation of custody, encounters with the juvenile justice youth support organizations; activities funded under the grant, including ‘‘(6) use primary prevention methods to system, behavior dangerous to themselves or a process and outcomes evaluation; and others, or being homeless. educate and raise awareness in the local ‘‘(2) provide or ensure adequate provision community by disseminating information ‘‘(3) USE OF FUNDS.—A State, political sub- of mental health and substance abuse serv- division of a State, Indian tribe, tribal orga- about suicide prevention; ices, either through provision of direct serv- ‘‘(7) include services for the families and nization, or private nonprofit organization ices or referral. receiving a grant, contract, or cooperative friends of individuals who completed suicide; ‘‘(d) USE OF FUNDS.—A State, political sub- ‘‘(8) provide linguistically appropriate and agreement under paragraph (1) may use the division of a State, Indian tribe, tribal orga- funds received under such grant, contract, or culturally competent services; nization, or private nonprofit organization ‘‘(9) provide a plan for the evaluation of cooperative agreement to— receiving a grant, cooperative agreement, or ‘‘(A) develop an integrated system of care outcomes and activities at the local level contract under subsection (a) shall use funds for the provision of services for children with and agree to participate in a National eval- received under such grant— a serious emotional disturbance or adults uation; ‘‘(1) to provide screening and referrals for with a serious mental illness; ‘‘(10) provide or ensure adequate provision children, adolescents, and adults with a men- ‘‘(B) expand community-based mental of mental health and substance abuse serv- tal illness, especially for underserved popu- health services, which may include assertive ices, either through provision of direct serv- lations and groups historically less likely to community treatment, intensive case man- ices or referral; and seek mental health and substance abuse agement, psychiatric rehabilitation, peer ‘‘(11) ensure that staff used in the program services; support services, comprehensive wraparound are trained in suicide prevention and that ‘‘(2) to ensure that appropriate referrals professionals involved in the system of care are provided for children, adolescents, and services, and day treatment programs; are given training in identifying persons at adults in need of mental health services or in ‘‘(C) ensure continuity of care for children, risk of suicide. need of integrated services relating to a co- adolescents, and adults discharged from the ‘‘(f) APPLICATION.—A State, political sub- occurring mental illness and substance abuse hospital and returning to the community; division of a State, Indian tribe, tribal orga- disorder; and nization, or private nonprofit organization ‘‘(3) to utilize evidence-based and cost-ef- ‘‘(D) provide outreach to children, adoles- receiving a grant, cooperative agreement, or fective screening tools; and cents, and adults in the community in need contract under subsection (a) shall prepare ‘‘(4) to utilize existing, or to develop if nec- of mental health services, including individ- and submit an application to the Secretary essary, linguistically appropriate and cul- uals who are homeless. at such time, in such manner, and con- turally competent screening tools. ‘‘(b) GRANTS FOR THE INTEGRATED TREAT- taining such information as the Secretary ‘‘(e) DISTRIBUTION OF AWARDS.—The Sec- MENT OF SERIOUS MENTAL ILLNESS AND CO-OC- may reasonably require. Such application retary shall ensure that such grants, cooper- shall include a plan for the rigorous evalua- CURRING SUBSTANCE ABUSE.— ative agreements, and contracts awarded ‘‘(1) IN GENERAL.—The Secretary shall tion of activities funded under the grant, co- under subsection (a) are equitably distrib- operative agreement, or contract, including award grants, contracts, or cooperative uted among the geographical regions of the agreements to States, political subdivisions a process and outcomes evaluation. United States and between urban and rural ‘‘(g) DISTRIBUTION OF AWARDS.—In award- of States, Indian tribes, tribal organizations, populations. and private nonprofit organizations for the ing grants, contracts, and cooperative agree- ‘‘(f) EVALUATION.—A State, political sub- development or expansion of programs to ments under subsection (a), the Secretary division of a State, Indian tribe, tribal orga- provide integrated treatment services for in- shall ensure that such awards are equitably nization, or private nonprofit organization dividuals with a serious mental illness and a distributed among the geographical regions that receives a grant, cooperative agree- of the United States and between urban and ment, or contract under subsection (a) shall co-occurring substance abuse disorder. rural populations. prepare and submit to the Secretary an eval- ‘‘(2) PRIORITY.—In awarding grants, con- ‘‘(h) EVALUATION.—A State, political sub- uation at the end of the program period re- tracts, and cooperative agreements under division of a State, Indian tribe, tribal orga- garding activities funded under the grant. paragraph (1), the Secretary shall give pri- nization, or private nonprofit organization ‘‘(g) PUBLIC INFORMATION.—The Secretary ority to applicants that emphasize the provi- receiving a grant, cooperative agreement, or shall ensure that the evaluations submitted sion of services for individuals with a serious contract under subsection (a) shall prepare under subsection (f) are available and dis- mental illness and a co-occurring substance and submit to the Secretary at the end of seminated to State, county and local govern- abuse disorder who— the program period, an evaluation of all ac- mental agencies, and to private providers of ‘‘(A) have a history of interactions with tivities funded under this section. mental health and substance abuse services. law enforcement or the criminal justice sys- ‘‘(i) DISSEMINATION AND EDUCATION.—The ‘‘(h) AUTHORIZATION OF APPROPRIATION.— tem; Secretary shall ensure that findings derived There is authorized to be appropriated to ‘‘(B) have recently been released from in- from activities carried out under this section carry out this section, $15,000,000 for fiscal carceration; are disseminated to State, county, and local year 2001, and such sums as may be necessary ‘‘(C) have a history of unsuccessful treat- governmental agencies and nonprofit organi- for fiscal years 2002 through 2005. ment in either an inpatient or outpatient zations active in promoting suicide preven- ‘‘SEC. 587. GRANTS FOR MENTAL ILLNESS TREAT- setting; tion and family support activities. MENT SERVICES. ‘‘(D) have never followed through with out- ‘‘(j) AUTHORIZATION OF APPROPRIATION.— ‘‘(a) GRANTS FOR THE EXPANSION OF MEN- patient services despite repeated referrals; or There are authorized to be appropriated to TAL HEALTH SERVICES.— ‘‘(E) are homeless.
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‘‘(3) USE OF FUNDS.—A State, political sub- oping knowledge with regard to evidence- Mental Health, shall develop and implement division of a State, Indian tribe, tribal orga- based practices for treating psychiatric dis- a program to increase the supply of basic re- nization, or private nonprofit organization orders resulting from witnessing or experi- searchers and clinical researchers in the that receives a grant, contract, or coopera- encing a traumatic event. mental health field. Such program may in- tive agreement under paragraph (1) shall use ‘‘(b) PRIORITIES.—In awarding grants, con- clude loan forgiveness, scholarships, and fel- funds received under such grant— tracts, or cooperative agreements under sub- lowships with both stipends and funds for ‘‘(A) to provide fully integrated services section (a) related to the development of laboratory investigation. Such program, in rather than serial or parallel services; knowledge on evidence-based practices for part, shall be designed to attract both female ‘‘(B) to employ staff that are cross-trained treating disorders associated with psycho- and under-represented minority psychia- in the diagnosis and treatment of both seri- logical trauma, the Secretary shall give pri- trists and psychologists into laboratory re- ous mental illness and substance abuse; ority to entities proposing programs that search in the neuroscience of mental health ‘‘(C) to provide integrated mental health work with children, adolescents, adults, and and mental illness. and substance abuse services at the same lo- families who are survivors and witnesses of ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.— cation; domestic, school, and community violence There are authorized to be appropriated to ‘‘(D) to provide services that are linguis- and terrorism. carry out this section such sums as may be necessary. tically appropriate and culturally com- ‘‘(c) GEOGRAPHICAL DISTRIBUTION.—The petent; Secretary shall ensure that grants, con- ‘‘SEC. 592. IMPROVING OUTCOMES FOR CHIL- tracts, or cooperative agreements under sub- DREN AND ADOLESCENTS THROUGH ‘‘(E) to provide at least 10 programs for in- SERVICES INTEGRATION BETWEEN tegrated treatment of both mental illness section (a) with respect to centers of excel- lence are distributed equitably among the CHILD WELFARE AND MENTAL and substance abuse at sites that previously HEALTH SERVICES. regions of the country and among urban and provided only mental health services or only ‘‘(a) IN GENERAL.—The Secretary shall rural areas. substance abuse services; and award grants, contracts or cooperative ‘‘(d) APPLICATION.—A public or nonprofit ‘‘(F) to provide services in coordination agreements to States, political subdivisions private entity desiring a grant, contract, or of States, Indian tribes, and tribal organiza- with other existing public and private com- cooperative agreement under subsection (a) tions to provide integrated child welfare and munity programs. shall prepare and submit an application to mental health services for children and ado- ‘‘(4) CONDITION.—The Secretary shall en- the Secretary at such time, in such manner, lescents under 19 years of age in the child sure that a State, political subdivision of a and containing such information as the Sec- welfare system or at risk for becoming part State, Indian tribe, tribal organization, or retary may reasonably require. of the system, and parents or caregivers with private nonprofit organization that receives ‘‘(e) EVALUATION.—The Secretary, as part a mental illness or a mental illness and a co- a grant, contract, or cooperative agreement of the application process, shall require that occurring substance abuse disorder. under paragraph (1) maintains the level of ef- each applicant for a grant, contract, or coop- ‘‘(b) DURATION.—With respect to a grant, fort necessary to sustain existing mental erative agreement under subsection (a) sub- health and substance abuse programs for contract or cooperative agreement awarded mit a plan for the rigorous evaluation of the under this section, the period during which other populations served by mental health activities funded under the grant, contract, systems in the community. payments under such award are made to the or agreement, including both process and recipient may not exceed 5 years. ‘‘(5) DISTRIBUTION OF AWARDS.—The Sec- outcomes evaluation, and the submission of ‘‘(c) APPLICATION.— retary shall ensure that grants, contracts, or an evaluation at the end of the project pe- ‘‘(1) IN GENERAL.—To be eligible to receive cooperative agreements awarded under para- riod. an award under subsection (a), a State, polit- graph (1) are equitably distributed among ‘‘(f) DURATION OF AWARDS.—With respect to ical subdivision of a State, Indian tribe, or the geographical regions of the United a grant, contract or cooperative agreement tribal organization shall submit an applica- States and between urban and rural popu- awarded under subsection (a), the period dur- tion to the Secretary at such time, in such lations. ing which payments under such an award manner, and accompanied by such informa- ‘‘(c) DURATION.—The Secretary shall award will be made to the recipient may not exceed tion as the Secretary may reasonably re- grants, contract, or cooperative agreements 5 years. Such grants, contracts, or agree- quire. under subsections (a) and (b) for a period of ments may be renewed. ‘‘(2) CONTENT.—An application submitted not more than 5 years. ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(d) APPLICATION.—A State, political sub- There is authorized to be appropriated to under paragraph (1) shall— division of a State, Indian tribe, tribal orga- carry out this section, $50,000,000 for fiscal ‘‘(A) describe the program to be funded nization, or private nonprofit organization year 2001, and such sums as may be necessary under the grant, contract or cooperative that desires a grant, contract, or cooperative for each of the fiscal years 2002 through 2005. agreement; ‘‘(B) explain how such program reflects agreement under subsection (a) or (b) shall ‘‘SEC. 589. MENTAL ILLNESS TREATMENT COM- prepare and submit an application to the PLIANCE INITIATIVE. best practices in the provision of child wel- Secretary at such time, in such manner, and ‘‘(a) IN GENERAL.—The Secretary, acting fare and mental health services; and containing such information as the Sec- through the Director of the National Insti- ‘‘(C) provide assurances that— retary may require. Such application shall tute of Mental Health, shall establish a re- ‘‘(i) persons providing services under the include a plan for the rigorous evaluation of search program to determine factors contrib- grant, contract or cooperative agreement are activities funded with an award under such uting to noncompliance with outpatient adequately trained to provide such services; subsections, including a process and out- treatment plans, and to design innovative, and comes evaluation. community-based programs that use non- ‘‘(ii) the services will be provided in ac- ‘‘(e) EVALUATION.—A State, political sub- coercive methods to enhance compliance. cordance with subsection (d). division of a State, Indian tribe, tribal orga- ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(d) USE OF FUNDS.—A State, political sub- nization, or private nonprofit organization There are authorized to be appropriated to division of a State, Indian tribe, or tribal or- that receives a grant, contract, or coopera- carry out this section such sums as may be ganization that receives a grant, contract, or tive agreement under subsections (a)(1) and necessary. cooperative agreement under subsection (a) shall use amounts made available through (b)(1) shall prepare and submit a plan for the ‘‘SEC. 590. CENTERS OF EXCELLENCE FOR rigorous evaluation of the program funded TRANSLATIONAL RESEARCH. such grant, contract or cooperative agree- ment to— under such grant, contract, or agreement, in- ‘‘(a) IN GENERAL.—The Director of the Na- cluding both process and outcomes evalua- tional Institute of Mental Health shall estab- ‘‘(1) provide family-centered, comprehen- tion, and the submission of an evaluation at lish Centers for Excellence in Translational sive, and coordinated child welfare and men- the end of the project period. Research to speed knowledge from basic sci- tal health services, including prevention, ‘‘(f) AUTHORIZATION OF APPROPRIATION.— entific findings to clinical application. early intervention and treatment services There is authorized to be appropriated to ‘‘(b) PURPOSE.—Such centers shall— for children and adolescents, and for their carry out this section— ‘‘(1) engage in basic and clinical research parents or caregivers; ‘‘(1) $50,000,000 for subsection (a) for fiscal and training of clinicians in the neuro- ‘‘(2) ensure a single point of access for such year 2001, and such sums as may be necessary science of mental health; and coordinated services; for fiscal years 2002 through 2005; and ‘‘(2) develop model curricula for the teach- ‘‘(3) provide integrated mental health and ‘‘(2) $50,000,000 for subsection (b) for fiscal ing of basic neuroscience to medical stu- substance abuse treatment for children, ado- year 2001, and such sums as may be necessary dents, residents, and post doctoral fellows in lescents, and parents or caregivers with a for fiscal years 2002 through 2005. clinical psychiatry and psychology. mental illness and a co-occurring substance ‘‘SEC. 588. CENTERS OF EXCELLENCE FOR POST ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.— abuse disorder; TRAUMATIC STRESS AND RELATED There are authorized to be appropriated to ‘‘(4) provide training for the child welfare, DISORDERS. carry out this section such sums as may be mental health and substance abuse profes- ‘‘(a) IN GENERAL.—The Secretary shall necessary. sionals who will participate in the program award grants, contracts, or cooperative ‘‘SEC. 591. INCENTIVES TO INCREASE THE SUP- carried out under this section; agreements to public and nonprofit private PLY OF BASIC AND CLINICAL MEN- ‘‘(5) provide technical assistance to child entities for the purpose of establishing na- TAL HEALTH RESEARCHERS. welfare and mental health agencies; tional and regional centers of excellence on ‘‘(a) IN GENERAL.—The Secretary, acting ‘‘(6) develop cooperative efforts with other psychological trauma response and for devel- through the Director of National Institute of service entities in the community, including
VerDate Mar 15 2010 23:34 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00072 Fmt 4624 Sfmt 0634 E:\2000SENATE\S25MY0.REC S25MY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 25, 2000 CONGRESSIONAL RECORD — SENATE S4471 education, social services, juvenile justice, ‘‘(B) a testing component to ensure that ‘‘SEC. 595. COMMISSION. and primary health care agencies; residents demonstrate a proficiency in such ‘‘(a) COMMISSION.—There is established a ‘‘(7) coordinate services with services pro- core competencies; and Commission that shall study issues regard- vided under the medicaid program and the ‘‘(C) model curricula regarding neuro- ing the diagnosis, treatment, rehabilitation, State Children’s Health Insurance Program science and behavior to enhance the under- and hospitalization of individuals with a under titles XIX and XXI of the Social Secu- standing of mental illness. mental illness, make recommendations re- rity Act; ‘‘(g) EVALUATION.—An institution with a garding the findings of such research, and de- ‘‘(8) provide linguistically appropriate and residency training program that receives a velop model State legislation based on the culturally competent services; and grant under subsection (a) shall prepare and results of such research if appropriate. ‘‘(9) evaluate the effectiveness and cost-ef- submit to the Secretary an evaluation of the ficiency of the integrated services that activities carried out with funds received ‘‘(b) DUTIES.—The Commission established measure the level of coordination, outcome under this section, including a process and under subsection (a) shall— measures for parents or caregivers with a outcomes evaluation. ‘‘(1) study issues regarding the screening, mental illness or a mental illness and a co- ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.— diagnosis, and treatment of individuals with occurring substance abuse disorder, and out- There is authorized to be appropriated to a mental illness in both an outpatient and come measures for children. carry out this section, $10,000,000 for fiscal inpatient setting; ‘‘(e) DISTRIBUTION OF AWARDS.—The Sec- year 2001 and such sums as may be necessary ‘‘(2) study the effectiveness and results of retary shall ensure that grants, contracts, for each of fiscal years 2002 through 2005. outpatient and inpatient involuntary treat- and cooperative agreements awarded under ‘‘SEC. 594. TRAINING AND CONTINUING EDU- ment of individuals with a mental illness, re- subsection (a) are equitably distributed CATION GRANTS FOR PRIMARY view existing laws governing outpatient in- among the geographical regions of the HEALTH CARE PROVIDERS. voluntary treatment of individuals with a United States and between urban and rural ‘‘(a) IN GENERAL.—The Secretary shall mental illness, and if appropriate, propose populations. award grants to academic health centers, model State legislation to regulate such in- ‘‘(f) EVALUATION.—The Secretary shall community hospitals, and out-patient clin- voluntary treatment; evaluate each program carried out by a ics, including community health centers and ‘‘(3) study the effectiveness and results of State, political subdivision of a State, Indian community mental health centers, for the promoting the inclusion of individuals with a tribe, or tribal organization under subsection continuing education of appropriate primary mental illness in their treatment decisions (a) and shall disseminate the findings with care providers in the diagnosis, treatment, and the use of psychiatric advance direc- respect to each such evaluation to appro- and referrals of children, adolescents, and tives, and if appropriate, propose model priate public and private entities. adults with a mental illness to mental State legislation; ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.— health professionals, and for the education of ‘‘(4) review the report ‘Mental Health: A There is authorized to be appropriated to primary care providers in the delivery of ef- Report of the Surgeon General’ and develop carry out this section, $20,000,000 for fiscal fective medical care to such children, adoles- policy recommendations for Federal, State, year 2001, and such sums as may be necessary cents, and adults. and local governments to guide the develop- for each of fiscal years 2002 and 2005.’’. ‘‘(b) DISTRIBUTION OF AWARDS.—The Sec- ment of public policy, implement the find- retary shall ensure that such grants awarded ings of the Surgeon General; ‘‘SEC. 593. PRIMARY CARE RESIDENCY TRAINING under subsection (a) are equitably distrib- GRANTS. ‘‘(5) develop mental health proposals, based uted among the geographical regions of the ‘‘(a) IN GENERAL.—The Secretary shall on the supplemental report of the Surgeon United States and between urban and rural award grants to institutions with accredited General on mental health and race, culture, populations. residency training programs that provide and ethnicity, to improve the diagnosis, ‘‘(c) APPLICATION.—An academic health treatment, rehabilitation, and hospitaliza- residency training in primary care to provide center, community hospital, or out-patient training to identify individuals with a men- tion of individuals with a mental illness, and clinic, including a community health center the utilization of services for such individ- tal illness and to refer such individuals for and a community mental health center, de- treatment to mental health professionals uals among diverse populations; siring a grant under subsection (a) shall pre- ‘‘(6) study the coordination of services be- when appropriate. pare and submit an application to the Sec- ‘‘(b) PRIMARY CARE.—In this section, the tween the health care system, social services retary at such time, in such manner, and system, and the criminal justice system for term ‘primary care’ includes family practice, containing such information as the Sec- internal medicine, pediatrics, obstetrics and individuals with a mental illness; retary may require, including a plan for the ‘‘(7) study the adequacy of current treat- gynecology, geriatrics, and emergency medi- rigorous evaluation of activities carried out cine. ment services for mental illness; and with funds received under this section, in- ‘‘(8) study issues regarding the mental ill- ‘‘(c) DISTRIBUTION OF AWARDS.—The Sec- cluding a process and outcomes evaluation. retary shall ensure that such grants awarded ness of incarcerated individuals in the crimi- ‘‘(d) USE OF FUNDS.—An academic health nal justice system and develop recommenda- under subsection (a) are equitably distrib- center, community hospital, or out-patient uted among the geographical regions of the tions for programs to identify, diagnose, and clinic, including a community health center treat such individuals. United States and between urban and rural and a community mental health center, that populations. receives a grant under this section shall use ‘‘(c) MEMBERS OF THE COMMISSION.— ‘‘(d) ELIGIBILITY.—In order to be eligible to funds received under such grant for the con- ‘‘(1) IN GENERAL.—The Commission estab- receive a grant under this section, an insti- tinuing education of primary care providers lished under subsection (a) shall be composed tution with a residency training program in the diagnosis, treatment options, and ap- of— shall require residents to demonstrate core propriate referrals of children, adolescents, ‘‘(A) the Director of the National Institute competencies in the diagnosis, treatment op- and adults with a mental illness to mental of Mental Health; tions, and referral for treatment for individ- health professionals, and for the education of ‘‘(B) the Director of the Center for Mental uals with a mental illness. primary care providers in the delivery of ef- Health Services; and ‘‘(e) APPLICATION.—An institution with a fective medical care to such children, adoles- ‘‘(C) a representative from a State or local residency training program desiring a grant cents, and adults. mental health agency; under subsection (a) shall prepare and sub- ‘‘(e) EVALUATION.—An academic health ‘‘(D) a judge; mit an application to the Secretary at such center, community hospital, or out-patient ‘‘(E) a prosecutor; time, in such manner, and containing such clinic, including a community health center ‘‘(F) a criminal defense attorney; information as the Secretary may require. and a community mental health center, that ‘‘(G) a constitutional law scholar; ‘‘(f) USE OF FUNDS.—An institution with a receives a grant under this section shall pre- ‘‘(H) a law enforcement official; residency training program that receives a pare and submit an evaluation to the Sec- ‘‘(I) a county corrections official. grant under subsection (a) shall use funds re- retary that describes activities carried out ‘‘(J) a board certified psychiatrist; ceived under such grant to— with funds received under this section. ‘‘(K) a psychologist; ‘‘(1) provide training for the diagnosis and ‘‘(f) DEFINITIONS.—In this section: ‘‘(L) a medical ethicist; treatment of mental illness, and for appro- ‘‘(1) HEALTH CENTER.—The term ‘health ‘‘(M) 2 mental health advocates, 1 of which priate referrals to mental health profes- center’ has the meaning given such term in shall be a consumer of mental health serv- sionals; and section 330, and includes community mental ices; and ‘‘(2) develop model curricula or expand ex- health centers. ‘‘(N) a family member of an individual isting model curricula to teach primary care ‘‘(2) PRIMARY CARE.—The term ‘primary with a mental illness. residents the relationship between physical care’ includes family practice, internal medi- ‘‘(2) SELECTION.—Members of the Commis- illness and the mind and to effectively diag- cine, pediatrics, obstetrics and gynecology, sion established under subsection (a) shall be nose and treat mental illnesses and make ap- geriatrics, and emergency medicine. selected in the following manner: propriate referrals to mental health profes- ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(A) The Majority Leader of the Senate, in sionals which shall include— There is authorized to be appropriated to consultation with the Minority Leader of the ‘‘(A) the development of core competencies carry out this section, $20,000,000 for fiscal Senate, shall select 5 members of the Com- in the diagnosis, treatment options, and re- year 2001 and such sums as may be necessary mission, with not more than 3 of such mem- ferral of individuals with a mental illness; for each of fiscal years 2002 through 2005. bers being of the same political party.
VerDate Mar 15 2010 23:34 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00073 Fmt 4624 Sfmt 0634 E:\2000SENATE\S25MY0.REC S25MY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4472 CONGRESSIONAL RECORD — SENATE May 25, 2000 ‘‘(B) The Speaker of the House of Rep- ‘‘SEC. 2202. DEFINITION. ‘‘(6) specify plans for obtaining necessary resentatives, in consultation with the Minor- ‘‘In this subpart, subject to the require- support and continuing the proposed pro- ity Leader of the House of Representatives, ments of section 2204(b)(8), the term, ‘pre- gram following the conclusion of Federal shall select 5 members of the Commission, liminarily qualified individual’ means a per- support; with not more than 3 of such members being son in law enforcement custody who— ‘‘(7) describe the methodology and outcome of the same political party. ‘‘(1)(A) previously or currently has been di- measures that will be used in evaluating the ‘‘(C) The President shall select 5 members agnosed by a qualified mental health profes- program; and of the Commission, 2 of which shall be the sional as having a mental illness, mental re- ‘‘(8) identify plans to ensure that individ- Director of the National Institute of Mental tardation, or a co-occurring mental illness uals charged with serious violent felonies, Health and the Director of the Center for and substance abuse disorder; or including murder, rape, crimes involving the Mental Health Services. ‘‘(B) manifests obvious signs of having a use of a firearm or explosive device, and any ‘‘(d) REPORT.— mental illness, mental retardation, or a co- other crimes identified by the applicant, will ‘‘(1) INTERIM REPORT.—Not later than 10 occurring mental illness and substance abuse not be referred to the Mental Health Court. months after the date of enactment of this disorder during arrest or confinement or be- ‘‘SEC. 2205. FEDERAL SHARE. section, the Commission shall prepare and fore any court; and ‘‘The Federal share of a grant made under submit to Congress a report that describes ‘‘(2) is deemed eligible by a designated this subpart may not exceed 75 percent of the the progress of the Commission regarding judge. total costs of the program described in the issues described in paragraphs (2) and (3) of ‘‘SEC. 2203. ADMINISTRATION. application submitted under section 2204 for subsection (b) and recommends the value of ‘‘(a) CONSULTATION.—The Attorney General the fiscal year for which the program re- developing model State legislation. shall consult with the Secretary and any ceives assistance under this subpart, unless ‘‘(2) FINAL REPORT.—Not later than 18 other appropriate officials in carrying out the Attorney General waives, wholly or in months after the date of enactment of this this subpart. part, the requirement of a matching con- section, the Commission shall prepare and ‘‘(b) USE OF COMPONENTS.—The Attorney tribution under this section. The use of the submit to the President and Congress a re- General may utilize any component or com- Federal share of a grant made under this port that describes the findings of the Com- ponents of the Department of Justice in car- subpart shall be limited to new expenses ne- mission, and the recommendations and rying out this subpart. cessitated by the proposed program, includ- model legislation created by such Commis- ‘‘(c) REGULATORY AUTHORITY.—The Attor- ing the development of treatment services sion. ney General shall issue regulations and and the hiring and training of personnel. In- ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— There is authorized to be appropriated to guidelines necessary to carry out this sub- kind contributions may constitute a portion carry out this section, $1,500,000.’’. part which shall include the methodologies of the non-Federal share of a grant. and outcome measures proposed for evalu- SEC. 4. LAW ENFORCEMENT MENTAL HEALTH ‘‘SEC. 2206. GEOGRAPHIC DISTRIBUTION. GRANT PROGRAMS. ating each applicant program. ‘‘The Attorney General shall ensure that, (a) IN GENERAL.—Title I of the Omnibus ‘‘SEC. 2204. APPLICATIONS. to the extent practicable, an equitable geo- Crime Control and Safe Streets Act of 1968 is ‘‘(a) IN GENERAL.—To request funds under graphic distribution of grant awards is made amended by inserting after part U (42 U.S.C. this subpart, the chief executive of a State, that considers the special needs of rural 3796hh et seq.) the following: a unit of local government, or an Indian trib- communities, Indian tribes, and Alaska Na- ‘‘PART V—MENTAL HEALTH GRANT al government shall submit an application to tives. PROGRAMS the Attorney General in such form and con- ‘‘SEC. 2207. REPORT. ‘‘Subpart 1—Mental Health Court Grant taining such information as the Attorney ‘‘A State, State court, local court, unit of Program General may reasonably require. local government, or Indian tribal govern- ‘‘(b) CONTENTS.—In addition to any other ment that receives funds under this subpart ‘‘SEC. 2201. GRANT AUTHORITY. requirement the Attorney General may during a fiscal year shall submit to the At- ‘‘(a) PROGRAM AUTHORIZED.—The Attorney specify under subsection (a), an application torney General a report in March of the fol- General shall make grants to States, State for a grant under this subpart shall— courts, local courts, units of local govern- lowing year regarding the effectiveness of ‘‘(1) identify related governmental or com- ment, and Indian tribal governments, acting this subpart. munity initiatives which complement or will directly or through agreements with other ‘‘Subpart 2—Mental Health Screening and public or nonprofit entities, for up to 125 be coordinated with the proposal; Treatment Grant Program in Jails and Mental Health Court grant programs. ‘‘(2) include a plan for the coordination of Prisons mental health treatment and social service ‘‘(b) PURPOSE.—Such Mental Health Court ‘‘SEC. 2221. GRANT AUTHORITY. programs for individuals needing such serv- grant programs described in subsection (a) ‘‘The Attorney General shall carry out a ices, including life skills training, such as shall involve— pilot program under which the Attorney housing placement, vocational training, edu- ‘‘(1) the specialized training of law enforce- General shall make a grant to 10 States se- cation, job placement, health care, relapse ment and judicial personnel, including pros- lected by the Attorney General for use in ac- prevention, and substance abuse treatment ecutors and public defenders, to identify and cordance with this subpart. where co-occurring disorders are present; address the unique needs of individuals with ‘‘SEC. 2222. USE OF GRANT AMOUNTS. a mental illness who come in contact with ‘‘(3) contain an assurance that— ‘‘(A) there has been appropriate consulta- ‘‘Amounts made available under a grant the criminal justice system; and awarded under this subpart— ‘‘(2) the coordination of criminal adjudica- tion with all affected mental health and so- cial service agencies and programs in the de- ‘‘(1) shall be used for mental health screen- tion, continuing judicial supervision, and the ing, evaluation, and treatment of individuals delivery of mental health treatment and re- velopment of the plan and that there will be sufficient ongoing coordination with the af- detained or incarcerated in State and local lated services for preliminarily qualified in- correctional institutions; and dividuals, including— fected agencies and programs during imple- mentation to ensure that they will have ade- ‘‘(2) may be used to incorporate mental ‘‘(A) voluntary outpatient or inpatient health screening and treatment into the mental health treatment, in the least re- quate capacity to provide the services; ‘‘(B) the Mental Health Court program will State and local probation and parole sys- strictive manner appropriate as determined tems. by the court, that carries with it the possi- provide continuing supervision of treatment ‘‘SEC. 2223. MINIMUM GRANT AMOUNT. bility of dismissal of charges or reduced sen- plan compliance for a term not to exceed the ‘‘The amount of a grant awarded to a State tencing upon successful completion of treat- maximum allowable sentence or probation under this subpart for any fiscal year shall ment; and for the charged or relevant offense and con- not be less than 2.5 percent of the total ‘‘(B) centralized case management involv- tinuity of psychiatric care at the end of the amount made available to carry out this sub- ing the consolidation of cases, including vio- supervised period; part for that fiscal year. lations of probation, and the coordination of ‘‘(C) individuals referred to a Mental all mental health treatment plans and social Health Court will receive a full mental ‘‘SEC. 2224. STATE AND LOCAL ALLOCATION. services, including substance abuse treat- health evaluation by a qualified professional; ‘‘Of the amount made available under a ment where co-occurring disorders are ‘‘(D) the Federal support provided will be grant awarded to a State under this sub- present, life skills training, housing place- used to supplement, and not supplant, State, part— ment, vocational training, education, job Indian tribal, and local sources of funding ‘‘(1) 25 percent shall be used by the State in placement, health care, and relapse preven- that would otherwise be available; and accordance with section 2222; and tion for each participant who requires such ‘‘(E) the program will be evaluated no less ‘‘(2) 75 percent shall be distributed to units services. than once every 12 months using the method- of local government within the State for use ‘‘(c) CONSTRUCTION.—Nothing in this sub- ology and outcome measures identified in in accordance with section 2222. part shall preclude States from imple- the grant application; ‘‘SEC. 2225. REPORT. menting a system to divert preliminarily ‘‘(4) include a long-term strategy and de- ‘‘A State that receives funds under this qualified individuals in law enforcement cus- tailed implementation plan; subpart during a fiscal year shall submit to tody for nonviolent or misdemeanor offenses ‘‘(5) explain the applicant’s inability to the Attorney General a report in March of out of the criminal justice system and into fund the program adequately without Fed- the following year regarding the effective- appropriate treatment programs. eral assistance; ness of this subpart.
VerDate Mar 15 2010 23:34 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00074 Fmt 4624 Sfmt 0634 E:\2000SENATE\S25MY0.REC S25MY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 25, 2000 CONGRESSIONAL RECORD — SENATE S4473
Subpart 3—Law Enforcement Mental Health TRAINING FOR TEACHERS, EMERGENCY SERVICES MENTAL HEALTH SCREENING AND TREATMENT IN Training Grant Program PERSONNEL, AND PRIMARY CARE PROFES- JAILS AND PRISONS ‘‘SEC. 2231. GRANT AUTHORITY. SIONALS A pilot program will be created to provide ‘‘The Attorney General shall make grants The bill proposes a program to provide states and local governments with funds to to States, which shall be used to train State training to teachers and emergency services screen, evaluate, and treat individuals with and local law enforcement officers— personnel to identify and respond to individ- mental illness in local jails or state prisons. ‘‘(1) to identify and respond effectively to uals with mental illness, and to raise aware- LAWS ENFORCEMENT MENTAL HEALTH TRAINING ness about available mental health re- individuals with a mental illness who come This program will train law enforcement sources. A separate program will provide into contact with the criminal justice sys- officers to identify and effectively respond to continuing education of primary care profes- tem; and individuals with a mental illness and to edu- sionals in the delivery of mental health care. ‘‘(2) regarding the mental health treatment cate police officers about available mental resources available in the community for in- EMERGENCY MENTAL HEALTH CENTERS health resources.∑ dividuals with a mental illness who come The Centers will serve as a specific site in ∑ Mr. KENNEDY. Mr. President, I wel- into contact with the criminal justice sys- communities for individuals in need of emer- tem.’’. gency mental health services, and will also come this opportunity to work with (b) TECHNICAL AMENDMENT.—The table of provide mobile crisis intervention teams. Senator DOMENICI on this important contents of title I of the Omnibus Crime Con- JAIL DIVERSION DEMONSTRATION issue of mental health care, and I com- trol and Safe Streets Act of 1968 (42 U.S.C. A demonstration initiative will create 125 mend him for his leadership. In Amer- 3711 et seq.), is amended by inserting after ican medicine today, patients with bio- the item relating to part U the following: programs to divert individuals with mental illness from the criminal justice system to chemical problems in their liver are ‘‘PART V—MENTAL HEALTH COURTS community-based services. treated with compassion, but those ‘‘SUBPART 1—MENTAL HEALTH COURT GRANT SUICIDE PREVENTION ACROSS THE LIFE with biochemical problems in their PROGRAM SPECTRUM brain are treated harshly. That dis- ‘‘Sec. 2201. Grant authority. A program to provide timely assessment crepancy is unacceptable. The stigma ‘‘Sec. 2202. Definition. and referral for treatment for children, ado- against the mentally ill is a blatant ‘‘Sec. 2203. Administration. lescents, and adults at risk for suicide, with form of discrimination. The legislation ‘‘Sec. 2204. Applications. priority given to groups experiencing high or that Senator DOMENICI and I are intro- ‘‘SUBPART 2—MENTAL HEALTH SCREENING AND increasing rates of suicide. ducing is intended to correct this in- TREATMENT GRANT PROGRAM IN JAILS AND MENTAL ILLNESS TREATMENT GRANTS equity and to assure that those with PRISONS A grant program will be available to de- mental illness will get the treatment ‘‘Sec. 2221. Grant authority. velop or expand treatment services for men- they need. ‘‘Sec. 2222. Use of grant amounts. tal illness in communities with urgent or ‘‘Sec. 2223. Minimum grant amount. emerging need for such services. Grants will The first-ever Surgeon General’s Re- ‘‘Sec. 2224. State and local allocation. also be available to provide integrated treat- port on Mental Health was released ‘‘SUBPART 3—LAW ENFORCEMENT MENTAL ment for individuals with a serious mental last December. It provides a solid foun- HEALTH TRAINING GRANT PROGRAM illness and a co-occurring substance abuse dation on which to build. It is a power- ‘‘Sec. 2231. Grant authority.’’. disorder; the emphasis will be on individuals ful statement that treating the prob- with a history of involvement with law en- lems of mental illness more effectively (c) AUTHORIZATION OF APPROPRIATIONS.— forcement or a history of unsuccessful treat- must be one of our Nation’s highest Section 1001(a) of the Omnibus Crime Control ment. and Safe Streets Act of 1968 (42 U.S.C. priorities. The Surgeon General’s Re- MENTAL ILLNESS OUTREACH SCREENING 3793(a)) is amended by inserting after para- port makes two basic points. Mental graph (19) the following: A grant program will be established to con- illness is a national crisis—and our ‘‘(20) There are authorized to be appro- duct outreach screening to identify individ- treatment of the mentally ill is a na- priated— uals with a mental illness or with a mental illness and a co-occurring substance abuse tional disgrace. ‘‘(A) to carry out subpart 1 of part V, One in five Americans will experience $10,000,000 for fiscal year 2001 and such sums disorder, and provide appropriate referrals as may be necessary for each of fiscal years for treatment. some form of mental illness this year. 2002 through 2005; CENTERS OF EXCELLENCE FOR POST-TRAUMATIC Mental illnesses are our second leading ‘‘(B) to carry out subpart 2 of part V, STRESS AND RELATED DISORDERS cause of disability. Yet success rates $50,000,000 for fiscal year 2001 and such sums A grant program will be established to sup- for treating mental illnesses are as as may be necessary for each of fiscal years port national and regional centers of excel- high as 80 percent. Effective drugs with 2002 through 2005; and lence to respond to psychological trauma, limited side effects have become avail- ‘‘(C) to carry out subpart 3 of part V, and to psychiatric disorders resulting from able in recent years. Note that the suc- $50,000,000 for fiscal year 2001 and such sums witnessing or experiencing a traumatic cess rates for treatment of other chron- as may be necessary for each fiscal years 2002 event. through 2005.’’. ic diseases, such as hypertension and EXPANDED ROLE OF THE NATIONAL INSTITUTE diabetes, are not quite as high. But OF MENTAL HEALTH THE MENTAL HEALTH EARLY INTERVENTION, people with high blood pressure or dia- The National Institute of Mental Health TREATMENT, AND PREVENTION ACT OF 2000— betes still seek treatment. Unfortu- will study the factors that contribute to SUMMARY nately, fear, stigma and lack of avail- noncompliance with outpatient treatment Twenty-five to forty percent of individuals plans. It will also establish centers of excel- able treatment combine to prevent in- in the United States with a mental illness lence for research, and increase the number dividuals with mental illness from come into contact with the criminal justice of basic and clinical researchers. seeking treatment. system each year. Sixteen percent of individ- INCREASED COORDINATION OF CHILDREN’S There are several reasons for this. uals incarcerated in state and local jails suf- SERVICES First is stigma. People are afraid to fer from a mental illness. About 30,000 Amer- admit mental illness to their doctors, icans, including 2,000 children and adoles- A program will be established to improve cents, commit suicide each year. outcomes among at-risk children by inte- or even to themselves. In fact, two- The bill seeks to prevent the often tragic grating child welfare and mental health serv- thirds of those with diagnosable men- results of mental illness, such as acts of vio- ices. tal illnesses do not seek treatment. lence and suicide, before they occur. It pro- BLUE RIBBON COMMISSION Second, there is a very low public un- vides a series of programs to raise awareness The Commission will make recommenda- derstanding of mental disorders and of about mental illness; to increase resources tions on issues relating to mental illness. It the fact that they are treatable. Third, for the screening, diagnosis, and treatment will focus on diagnosis and treatment, and individuals with mental illness may of mental illness; and to increase resources the interaction between mental illness and not be correctly diagnosed or appro- to enable the criminal justice system to re- the criminal justice system. priately referred for treatment. spond more effectively to persons with men- MENTAL HEALTH COURTS tal illness. Fourth, people who do seek treatment This demonstration program will create ANTI-STIGMA CAMPAIGN AND SUICIDE for mental illness find that it is not 125 Mental Health Courts with separate available or that their insurance plans PREVENTION CAMPAIGN dockets to handle cases involving individuals The bill proposes an anti-stigma campaign with a mental illness. These individuals will will not cover it. using media and public education, aimed at be voluntarily assigned to out-patient or in- One result of the lack of treatment is reducing the stigma often associated with patient mental health treatment as an alter- suicide. Fifty percent more Americans mental illness. native sentence. die by their own hand each year than
VerDate Mar 15 2010 23:34 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00075 Fmt 4624 Sfmt 0634 E:\2000SENATE\S25MY0.REC S25MY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4474 CONGRESSIONAL RECORD — SENATE May 25, 2000 are killed by other; 29,264 suicides oc- ishment, so that they contribute to so- Thank you, Mr. President. And, may curred in 1998 compared with 17,350 ciety instead of being incarcerated by God bless all of America’s veterans this homicides. Suicide is the third leading society. Memorial Day. killer of the Nation’s youth. Mental illness is a serious national What is happening to many of those problem that all of us must deal with By Mr. CLELAND (for himself who suffer from mental illness? Jails more effectively. Our goal in this legis- and Mr. COVERDELL): and prisons represent the largest resi- lation is to give mental health the high S. 2641. A bill to authorize the Presi- dential center for those suffering from priority it deserves. The enactment of dent to present a gold medal on behalf mental illnesses, but few prisoners re- this bill will help those millions of our of Congress to former President Jimmy ceive treatment there. fellow citizens who, at this moment, Carter and his wife Rosalynn Carter in The bill that Senator DOMENICI and I are suffering in silence.∑ recognition of their service to the Na- are introducing today, ‘‘The Mental tion; to the Committee on Banking, Health Early Intervention, Treatment, By Mrs. BOXER: Housing, and Urban Affairs. S. 2640. A bill to amend title 38, and Prevention Act of 2000,’’ is a giant TO AUTHORIZE THE PRESIDENT TO PRESENT THE United States Code, to permit Depart- step toward giving mental health the GOLD MEDAL ON BEHALF OF CONGRESS TO ment of Veterans Affairs pharmacies to priority it deserves. But we cannot pro- FORMER PRESIDENT JIMMY CARTER AND dispense medications to veterans for mote mental health without eradi- FORMER FIRST LADY ROSALYNN CARTER prescriptions written by private practi- cating the stigma surrounding mental Mr. CLELAND. Mr. President, I rise tioners, and for other purposes; to the illness. Since fear and ignorance com- today to introduce a bill that would Committee on Veterans’ Affairs. pound the problem, a campaign to im- authorize the President to present a prove public understanding about men- VETERANS PRESCRIPTIONS LEGISLATION Gold Medal on behalf of Congress to tal illness will combat the ignorance Mrs. BOXER. Mr. President, as the former President Jimmy Carter and country enters this Memorial Day and decrease the fear. former First Lady Rosalynn Carter in Increased public understanding is not weekend to pay tribute to those who recognition of their service to the Na- sufficient, however. Successful treat- gave their lives to protect and defend tion. I would like to thank Senator the United States, I come before the ment of those suffering from mental COVERDELL for co-sponsoring this bill illness requires effective care by Senate to introduce legislation aimed and extend an invitation to all our skilled professionals. Many individuals at making it easier for veterans to re- other colleagues to join us in sup- ceive medications through the VA with mental illness do not realize the porting this legislation to award these health care system. nature of scope of their problem, and two great Americans with Congress’ Right now, VA pharmacies are pro- highest honor. those whom they might encounter in hibited from dispensing medications It is widely agreed that President daily life are unable to assist them. that are prescribed by non-VA practi- Jimmy Carter and his wife Rosalynn Our bill will enable us to reach out to tioners. This means that veterans can Carter have distinguished records of find persons with mental illness. It will not have their prescriptions filled at a public service to the American people train teachers, police and others to VA facility if it is written by their pri- and the international community. provide front-line help. vate doctor. Under current law, vet- Our legislation provides for the es- erans only have to pay $2 for each 30- Internationally, the Carters have been tablishment of suicide prevention pro- day supply of medication supplied by involved in a number of public service grams. It will also develop screening the VA. Therefore, if a veteran needs to initiatives ranging from combating programs to identify and reach out to have a prescription filled by a non-VA famine in Sub-Sahara Africa and en- those with mental illnesses so that practitioner, it can mean great out-of- couraging better health care in Third they seek effective treatment. We will pocket expenses. My legislation would World nations to serving as mediators also establish response teams and des- change the current system to allow the in an effort to end civil wars in half a ignate centers to provide patients with VA to fill prescriptions that are writ- dozen countries. President Carter has such treatment. ten by non-VA practitioners. monitored numerous foreign elections Patients suffering from mental ill- This bill has been endorsed by The in an effort to spread democracy ness are more likely to experience a American Legion, the National Asso- throughout the world. greater number of physical ailments as ciation of Uniformed Services and the A Congressional Gold Medal awarded well. Their primary care physicians are Non-Commissioned Officers Associa- by Congress will show the appreciation often not equipped to recognize mental tion. I believe it is a common sense ap- of the American public for the many illness or to make the appropriate re- proach, and I think we owe it to vet- contributions that President and Mrs. ferral to a mental health professional. erans to make health care as affordable Carter have made, including service in Our bill will develop programs to train and accessible as possible. public office from the state legislature primary care health providers to treat Earlier today, I had the pleasure of to the White House. Jimmy and the physical symptoms of those who speaking at the Veterans Washington Rosalynn continue to promote human suffer from mental illness, while mak- Rally which was sponsored by the Viet- rights worldwide due to their active in- ing sure that they obtain care for their nam Veterans of America, Rolling volvement in the nonprofit Carter Cen- mental well-being too. Thunder, the Jewish War Veterans and ter in Atlanta that has initiated In addition, ignorance of the biology other veteran supporters. These vet- projects in more than 65 countries to of the brain and the mind has often erans were asking for full funding for resolve conflicts, promote human prevented the development of cures for the VA health care system as spelled rights, build democracy, improve many forms of mental illness. Our bill out in the Independent Budget, a com- health care worldwide, and revitalize will develop educational programs to prehensive analysis of the VA budget urban areas. In addition, the Carters increase the numbers of researchers in- which is prepared each year with the serve as volunteers for Habitat for Hu- vestigating the science of mental ill- support of several veteran organiza- manity, which helps low income fami- ness. Special emphasis will be given to tions. lies build their own homes. training psychiatrists and psycholo- Veterans are rightly concerned that I hope that other members of Con- gists in effective ways to bring the dis- current budget plans are barely enough gress will join me and Senator COVER- coveries of the laboratory more quick- to keep up with health care inflation DELL in recognizing President and Mrs. ly to the bedside of the patient. and is nowhere near enough to provide Carter for their distinguished records Our bill will develop new strategies quality emergency and long-term care of public service by awarding them the to assist individuals with mental ill- or begin a serious fight against hepa- Congressional Gold Medal. ness in the criminal justice system and titis C. I was proud to see these vet- to strengthen the understanding of erans fighting for the benefits and serv- By Mr. HATCH: mental illness by law enforcement offi- ices that are rightly theirs, and I hope S. 2642. A bill to amend the Internal cials. It is likely, as a result, that we can address their concerns when the Revenue Code of 1986 to provide major many who suffer from mental illness Senate considers the VA–HUD appro- tax simplification; to the Committee will receive treatment rather than pun- priations bill later this year. on Finance.
VerDate Mar 15 2010 23:34 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00076 Fmt 4624 Sfmt 0634 E:\2000SENATE\S25MY0.REC S25MY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 25, 2000 CONGRESSIONAL RECORD — SENATE S4475 THE TAX EASE AND MODERNIZATION ACT—PART well as for the Internal Revenue Serv- Americans who are invested in capital I ice. assets has skyrocketed. The Joint Eco- Mr. HATCH. Mr. President, I rise ALTERNATIVE MINIMUM TAX REPEAL nomic Committee reported last month today to introduce legislation intended Mr. President, the Tax Ease and Mod- that the percentage of American fami- to start us on the path to a simpler, ernization Act—Part I starts with re- lies directly and indirectly holding more rational, and fairer federal tax pealing what is likely to be the largest stocks climbed from 31.6 percent in 1989 system. The bill I am introducing in source of tax compliance headaches for to 48.8 percent in 1998. Moreover, a re- the Senate today, the Tax Ease and middle- and upper-income families over cent Federal Reserve study shows that Modernization Act—Part I (TEAM–I), the next decade—the alternative min- stockholdings made up a record 31.7 is designed to be the first of several in- imum tax. The alternative minimum percent of household wealth in 1999. stallments to incrementally transform tax, or AMT for short, remains un- And this does not include other capital the Internal Revenue Code into a rev- known to many Americans, and is not assets, such as bonds, real estate, and enue collection device that is more ef- well understood even by those nearly 1 partnership interests. No longer can ficient, more responsive to the needs of million taxpayers it already affects. even the most hardened opponent of taxpayers, more able to help this na- The AMT was originally designed to capital gains rate reductions argue tion compete in a global marketplace, ensure that taxpayers with economic that it is a tax break only for the and most importantly, much easier to income who take advantage of the tax wealthy. understand, comply with, and admin- code’s many incentive deductions and In addition, there is abounding evi- ister. credits still pay some tax. However, be- dence that lowering the capital gains I realize that this is a tall order. I cause of basic design flaws, the AMT’s tax rate has had a very salutary effect also believe that such a transformation reach now goes far beyond what was in- on the economy over the years, par- cannot occur overnight. This is why tended in 1969 when it was conceived or ticularly since the 1997 change. A 1999 my plan calls for incremental action even in 1986 when it was expanded. In study by Standard and Poor’s DRI con- through a multi-year plan—a plan that fact, the Treasury Department esti- cluded that the 1997 capital gains tax we can start implementing this year mates that at least 17 million tax- reduction from a top rate of 28 percent rather than waiting for consensus to payers will be subject to the night- to 20 percent was responsible for about develop around a fundamental tax re- mare-like complexity of the alter- 25 percent of he increase in stock prices form approach that centers on a flat native minimum tax by 2010. Even the from 1997 to 1999. Also, the cost of cap- tax, a national consumption tax, or Clinton administration, traditionally a ital for new investment fell by about 3 some hybrid system. strong supporter of the AMT, now ad- percent as a result of the 1997 change. As I said on this floor on April 4, 2000, mits it has grown out of control and Clearly, when it comes to capital gains, when I announced this plan, I recognize advocates changes to tame it. simplicity is needed as well as lower the need for a new paradigm in tax- This bill goes one better and repeals rates. TEAM–I delivers both. ation for this country. I believe our In- the alternative minimum tax alto- The bill I am introducing today also ternal Revenue Code is fundamentally gether, Mr. President. It is time to rid features a smaller but important provi- flawed and needs to be replaced with a the code of the kind of super-com- sion relating to capital gains from the new system. But such a new tax code plexity brought by the AMT, which, in sale of a principal residence. In 1997, will require years of presidential lead- my view, has failed to achieve its ob- Congress passed a provision that allows ership, public education, and an intel- jectives of bringing greater fairness to homeowners to exclude up to $250,000 of ligent transition from the current sys- our tax system. capital gains from the sale of their tem. CAPITAL GAINS TAX SIMPLIFICATION principal residence. The number is In the meantime, we should not wait A second major provision of this bill $500,000 for married couples filing a for an elusive tax Utopia to come along would greatly simplify the taxation of joint return. This has been or will be a and remove the immediate need for im- capital gains. Many of my constituents tremendous benefit for millions of provements to the Internal Revenue were pleased in 1997 when Congress American families. The provision was Code. We should begin to act now, and lowered the capital gains tax rates flawed in one respect, however, in that do what we can to make our current from 28 percent to 20 percent. However, it was not indexed for inflation. My bill system better in the short run. This is many were not as excited when they would index the exclusion for future in- what my plan is all about. found out what the new law meant flation, in increments of $1,000. Mr. President, the bill I introduce come tax return filing time—a 54-line EARNED INCOME TAX CREDIT SIMPLIFICATION today begins this transformation proc- Schedule D accompanied by two work- Mr. President, millions of lower-in- ess by repealing or repairing some of sheets and seven pages of instructions. come taxpayers face one of the most the most complex and unfair provisions This is compared to a 39-line form and complex tax provisions in the entire In- in the Internal Revenue Code. More- just two pages of instructions prior to ternal Revenue Code—the Earned In- over, it does so in a balanced way, with the change. come Tax Credit (EITC). Taxpayers relief from complexity for every classi- TEAM–I would simplify capital gains trying to figure out if they can claim fication of taxpayer—low-income and by repealing the current maximum this credit and how to compute it face high income individuals, school teach- rate approach and instituting a 50 per- a daunting challenge—instructions and ers and chief executive officers, mem- cent exclusion, as was the case before tables in the Form 1040 instructions bers of neighborhood investment clubs the 1986 Tax Reform Act repealed the that take up ten full pages, including a and high rollers, small businesses and capital gains preference. In other nine-step flowchart and two work- sprawling multinationals, people with words, taxpayers would be allowed to sheets. Even all of this is not enough to IRS problems and families with foster exclude 50 percent of the long-term provide all the needed information in children. The goals are to simplify the capital gain from gross income. The re- every case. tax code and make it more fair for ev- maining 50 percent would be taxed at Taxpayers, many if not most of eryone. ordinary income rates. This would do whom are surely aggravated and con- Because the Internal Revenue Code is away with the need for a special com- fused by these rules, are referred to so riddled with complexity at every putation on the tax forms. It would IRS Publication 596, a 54-page booklet, level, attempting to eliminate it all at also result in a lower capital gains rate to even more detailed information. once would be difficult at best. There- for every tax bracket, with those in the Practically every professional tax fore, this bill focuses on solving several lowest tax brackets getting the largest group that has studied tax complexity of the largest problems affecting mil- rate decreases. This bill thus both sim- recommends major simplification to lions of taxpayers, then supplements plifies capital gains and cuts the effec- the EITC. TEAM–I would provide major these features with a number of small- tive capital gains tax rate for all indi- simplicity, while expanding the credit. er provisions that may appear rel- viduals. The bill would simplify the EITC atively minor, but as a whole add a tre- We should not underestimate the im- rules in two ways, Mr. President. First mendous amount of complexity, unfair- portance of this change. Mr. President. it modifies the definition of earned in- ness, or hassle for many taxpayers, as Over the past few years the number of come to include only taxable employee
VerDate Mar 15 2010 23:34 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00077 Fmt 4624 Sfmt 0634 E:\2000SENATE\S25MY0.REC S25MY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4476 CONGRESSIONAL RECORD — SENATE May 25, 2000 compensation and business income the top tax rate to 28 percent, the MISCELLANEOUS SIMPLIFICATION PROVISIONS readily available on Form 1040. Current Democratically led Congress decided Mr. President, the bill I introduce law requires the consideration of non- that this was too low a tax rate for suc- today includes a number of smaller but taxable compensation, such as meals cessful Americans who were considered very important simplification provi- and lodging provided for the conven- wealthy. Rather than a straightforward sions designed to ease the tax lives of ience of the employer and employer- increase in the top tax bracket, how- all taxpayers. Many of these are simi- provided educational assistance bene- ever, Congress decided to be sneaky lar or identical to provisions recently fits. Many times these amounts are not about it and raised the marginal tax passed by the House in the Taxpayer readily available to the employee, who rates on certain taxpayers by limiting Bill of Rights 2000 legislation. Other is likely to be uncertain whether such their itemized deductions and personal provisions are based on concepts re- nontaxable compensation is provided exemptions. The effects of these provi- cently suggested to Congress by Mr. or not. sions are twofold. First, they obscure Val Oveson, the National Taxpayer Ad- Second, TEAM–I simplifies the defi- the true rate of tax being levied on tax- vocate. One of the National Taxpayer nition of a dependent child. The source payers subject to these provisions. Sec- Advocate’s duties is to recommend to of one of the greatest complexities in ond, and probably most damaging, they Congress what legislative changes are the EITC is the definition of a quali- add a great deal of unwarranted com- needed to improve the tax code and fying child. Current law is confusing in plexity. My bill solves both problems make it simpler and easier to admin- part because the definition of a quali- by simply repealing these provisions. ister. Last year, Mr. Oveson presented fying child is very similar, but not BUSINESS TAX SIMPLIFICATION 53 separate recommendations for legis- identical, to the definition of a depend- While the Tax Ease and Moderniza- lative improvement in the tax area. My ent child for purposes of the depend- tion Act—Part I focuses mostly on the bill incorporates more than a dozen of ency exemption. In some cases, a child complexity problems of individual tax- the most critical of these recommenda- can qualify a taxpayer for the EITC but payers, it does not ignore businesses, tions. not for the dependency exemption. The who often face complexity in the ex- Also included in the bill are several bill simplifies both the dependency ex- treme. The second and third install- other tax simplification measures, sug- emption and the EITC by moving the ments of this effort will feature many gested by a variety of sources. One of definition of a dependent child closer more simplification provisions to help these is S. 1952, a bill introduced last to that of a qualifying child for pur- ensure that American businesses stay year by Senator ABRAHAM that would poses of the EITC. Thus, with this new competitive in the global marketplace simplify the taxation of investors who definition, taxpayers who are able to and are not forced to waste resources participate in small investment clubs. claim a dependent child for the exemp- on unnecessary tax compliance costs. Also included is the text of S. 670, a bill Part I features three relatively small tion should be able to also claim the introduced last year by Senators JEF- but important provisions that will sim- child for purposes of the earned income plify taxes for practically all business FORDS and DODD that would simplify tax credit. This solution is based on a taxpayers in America. The first provi- the tax rules for foster care payments. concept proposed by the Clinton Ad- sion would change the law to provide This provision was also included in last ministration in the budget for fiscal that corporate taxpayers no longer year’s large tax bill that was vetoed by year 2001. have to pay a higher rate of interest to President Clinton. Mr. President, the bill also expands the Internal Revenue Service on under- Another provision in the bill would in three ways the earned income tax payments of tax than the rate the gov- help taxpayers who are former foster credit, which is a program that has ernment pays to them for overpay- parents by providing that if those par- proven vital in assisting millions of ments. Currently, individual taxpayers ent provide over one-half of the support families at the margin of poverty. The enjoy an equal interest rate for over- of a foster child beyond the age where first expansion provides a new category payments and underpayments. Cor- the state pays the expenses, they can for taxpayers with three or more quali- porations, however, must pay as much claim the former foster child as a de- fying children, which offers a higher as a 4.5 percentage points more in in- pendent, just as they could for their percentage credit. Current law provides terest on underpayments than they re- own child. different levels of the credit for tax- ceive on overpayments. The bill would Mr. President, I have also included in payers with no children, taxpayers equalize these amounts at a rate of the TEAM–I another simplification provi- with one qualifying child, and those short-term Applicable Federal Rate sion, suggested by the Clinton Admin- with two or more. Secondly, the bill plus three percentage points. istration in its fiscal year 2001 budget, provides a larger maximum credit for The second business provision would which would both simplify the law and all qualifying taxpayer with children clean up a complex inequity that was remove a disincentive to young people by increasing the phaseout amount, only partially addressed by the Inter- working and saving for their future. which is the level of the taxpayer’s nal Revenue Service Restructuring and Under current law, young people who earnings at which the credit begins to Reform Act of 1998. That Act estab- can be claimed as dependents on their be phased out, from the current law lished a net interest rate of zero where parents tax returns must file a return level of $12,690 to $15,000. interest is payable and allowable on and pay income tax if they have over Perhaps even more significantly, the equivalent amounts of overpayment $250 of income from savings if their bill takes a major step toward reliev- and underpayment that exist for any earnings from working plus that in- ing the onerous marriage penalty in- tax period. However, that provision fell come from savings exceeds $700. My bill herent in the current Earned Income short of providing the simplicity and would increase the allowed amount of Tax Credit. This is accomplished by in- fairness needed by taxpayers. There- earnings from savings from $250 to creasing the amount at which the cred- fore, my bill would extend the concept $1,000 before a return or tax is required. it begins to be phased out by an extra of global interest netting to all periods The bill I am introducing today also $5,000 for taxpayers who are married and would make the change retroactive includes a provision added as a floor filing a joint return. While this will not as if enacted in the 1998 Act. amendment to S. 1134, The Affordable eliminate the marriage penalty prob- The final business provision included Education Act, by Senator COLLINS, lem of the EITC, which is among the in TEAM–I would simplify the account- myself, and several others. This provi- largest marriage penalties in the tax ing for purchases of software by busi- sion would allow elementary and sec- code, it does take an important step to- ness taxpayers by allowing them to im- ondary school teachers to deduct the ward reducing it. mediately expense the first $20,000 per cost of their professional development REPEAL OF LIMITATIONS ON ITEMIZED year instead of capitalizing the cost expenses without regard to the cur- DEDUCTIONS AND PERSONAL EXEMPTIONS and depreciating it over three years, as rent-law 2-percent of adjusted gross in- Mr. President, two of the most unfair under current law. Having to depre- come floor. This adds a small measure and complex provisions of the current ciate relatively small software pro- of both simplicity and fairness to the tax law are aimed squarely at upper- grams, which are often obsolete well tax code. middle and higher-income taxpayers. before three years, is costly and com- Mr. President, the bill I am intro- After the 1986 Tax Reform Act lowered plex. ducing is far from perfect. It represents
VerDate Mar 15 2010 23:34 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00078 Fmt 4624 Sfmt 0634 E:\2000SENATE\S25MY0.REC S25MY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 25, 2000 CONGRESSIONAL RECORD — SENATE S4477 only a relatively small down payment The global economy and its mobile jected biologicals; to the Committee on on tax simplification in just a few work force makes the world a smaller Finance. areas of the Internal Revenue Code. place. No country is immune from the THE ACCESS TO INNOVATION FOR MEDICARE However, I hope that its introduction reach of this highly contagious disease. PATIENTS ACT OF 2000 will lay down a marker for tax sim- In 1999, the United States had almost plification that will evoke further dis- 18,000 active TB cases. That comes to Mr. GORTON. Mr. President, we cussion and suggestions from inter- 6.4 per 100,000 people. According to the know the Medicare program has not ested groups and action toward sim- Centers for Disease Control, Alaska kept pace with advances in medical plification by my colleagues on the Fi- was ranked fourth in per capita cases care and changing technology, whether nance Committee. I welcome com- of active tuberculosis in 1999. Hawaii through access to new medical devices ments on how this bill can be improved has been number one since at least or to prescription drugs. Sometimes and what other tax simplification 1997. seniors do not have access to the most items should be considered in the fu- This bill has two components. A advanced care. That needs to change. ture of this effort. treatment strategy and the goal of ar- Some issues, like adding a prescription One thing I have learned in my study resting the rise of more dangerous drug benefit, required broad reform of about the problems of our current tax strains of tuberculosis. The World the program and an influx of new system and ways to improve it is that Health Organization has developed di- money to pay for the changes. But simplification is far from simple. Some rectly observed treatment, short- there are some common sense changes of the most complex portions of the In- course, referred to by its acronym that can be made today could enhance ternal Revenue Code can be easily and DOTS. DOTS is a community-based access to life-saving therapies for sen- reasonably be simplified by their re- treatment strategy. It uses standard- iors, particularly those living in rural peal. Others parts, such as the Earned ized short course chemotherapy for 6 to areas, and potentially save Medicare Income Tax Credit, should not be re- 8 months, with direct observation of dollars. pealed but improved. Doing so, how- TB patients. Strict adherence to a drug Medicare covers drugs that are ad- ever, can be most difficult. regime is really the only way to suc- ministered in the hospital or in a phy- Moreover, Mr. President, simplifica- cessfully treat TB. Participation at the sician’s office but will not cover self- tion often comes at a cost of lost rev- local level can perpetuate a culture of injectable drugs or biologics to treat enue. While I have not yet received an vigilance against this and other public the same disease, notwithstanding the estimate of the revenue effect of this health threats. Ineffective treatment fact that the latter may be superior in bill from the Joint Committee on Tax- strategies in the past have led to the terms of efficacy and safety and less ation, it seems clear that the numbers emergency of multi-drug resistant tu- expensive. This outdated policy creates will be high. However, I have concluded berculosis, known as MDR–TB. a perverse incentive for drug compa- that one of the best ways we can spend MDR–TB are strains that are resist- nies to develop drugs that can only be the projected surplus is on tax sim- ant to one or both of the two most ef- administered by I.V. in a hospital or plification. I like to think of it as tax fective existing TB drugs. Drugs to other acute setting. Those companies relief for all taxpayers through sim- treat MDR–TB are at least 100 times that ignore Medicare’s coverage policy plification. Additionally, I believe that more expensive than traditional TB and develop their products so that they simplification should not create win- drugs. are patient-friendly are penalized, as ners and losers. To the extent possible This is a staggering cost. Even in our are the patients who need these prod- in my bill, I have tried to leave all tax- country where the medical community ucts. The end result is often higher payers at least as well off as under cur- can readily identify and treat MDR– costs to the Medicare program, lack of rent law. This, however, is also costly TB, half the patients still die. These beneficiary access to the best thera- in terms of lost revenue. While it is unclear whether Congress are patients using MDR–TB drugs. Ac- pies, and treatment delivery problems can pass, or whether the President will cording to the World Health Organiza- for beneficiaries in rural areas who sign, major tax simplification legisla- tion, in another 3 to 5 years, without a may not be in a position to travel to a tion in this election year, I believe comprehensive prevention and treat- hospital to receive regular treatments. these issues are of such importance ment strategy, drug resistant strains Patients suffering from rheumatoid that we should not wait to embark on of TB will be the dominant form of the arthritis (RA) are particularly victim- a major debate about them. I hope my disease. Time is of the essence. ized by this coverage policy. RA is a colleagues in the Senate and House will In my own State of Alaska, we are devastating chronic disease. As the dis- join in the discussion, as well as tax- concerned about the dramatic increase ease progresses, sufferers move from payer advocacy groups, businesses, and in MDR–TB in the Russian Far East. self-sufficiency to total disability. The other stakeholders throughout the na- That region has enormous trade poten- pain in most cases is excruciating. tion. tial for the State. Our native peoples Like all patients with a chronic dis- also travel there on cultural ex- ease, RA patients face extraordinary By Mr. STEVENS (for himself changes. Tuberculosis has been called out of pocket costs. However, Medicare and Mr. INOUYE): the poor man’s disease. Perhaps from beneficiaries with RA face a unique set S. 2643. A bill to amend the Foreign our perspective it was once considered of costs. Assistance Act of 1961 to provide in- a poor country’s disease. This is not One of the most promising break- creased foreign assistance for tuber- the case and we cannot ignore the glob- throughs for the treatment of RA is a culosis prevention, treatment, and con- al reach of this disease and its new self-injected biologic developed trol; to the Committee on Foreign Re- variants. through recombinant DNA technology. lations. I know many of my colleagues on It already has been proven to prevent STOP TB NOW ACT OF 2000 both sides of the aisle are concerned and reverse disability caused by RA, as Mr. STEVENS. Mr. President, today about tuberculosis, as well as its asso- well as dramatically reduce pain and my friend the senior Senator from Ha- ciation with the AIDS epidemic. I urge avoid costly surgery. For many RA suf- waii, Senator INOUYE, and I are intro- my colleagues to join Senator INOUYE ferers with private insurance or on ducing the Stop TB Now Act. and myself in sponsoring this legisla- Medicaid, it has meant the difference This bill would amend the Foreign tion. It is my hope Congress will act to between being confined to a wheelchair Assistance Act of 1961 to authorize one address this threat this year. hundred million dollars in each of fis- and walking—and even returning to cal years 2001 and 2002 to fight tuber- By Mr. GORTON (for himself, the workforce! culosis. Each year, eight million people Mrs. MURRAY, Mr. SANTORUM, Since it is self-injected, it is not cov- develop active tuberculosis. One and Ms. MIKULSKI, Mr. STEVENS, Mr. ered by Medicare. Yet, Medicare will one-half million of those that develop COCHRAN, and Mr. L. CHAFEE): cover another therapy which happens active tuberculosis will die from that S. 2644. A bill to amend title XVIII of to be delivered intravenously, simply disease alone. One person can infect 10 the Social Security Act to expand because it is administered (via I.V.) in to 15 people in a year. Medicare coverage of certain self-in- a hospital. In doing so, Medicare ends
VerDate Mar 15 2010 23:34 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00079 Fmt 4624 Sfmt 0634 E:\2000SENATE\S25MY0.REC S25MY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4478 CONGRESSIONAL RECORD — SENATE May 25, 2000 up spending more money when one fac- legislation existed that addressed ade- to introduce the Navajo Nation Trust tors in the costs of services and ancil- quate Medicare coverage of these Land Leasing Act of 2000, a bill to es- lary drugs associated with administra- therapies. Currently, Medicare only tablish a streamlined process for the tion of this covered therapy. Just as covers physician-administered thera- Navajo Nation to lease trust lands important, the current policy denies pies and most Medicare prescription without having to obtain the approval beneficiaries access to a therapy that drug coverage proposals do not address of the Secretary of the Interior. This has been proven to be more effective, this issue at all or they place restric- new authority would apply to indi- less toxic, and much easier to admin- tive coverage caps on the use of self- vidual leases, except leases for explo- ister. This anomaly in Medicare’s ex- injectable biologic therapies. Bene- ration, development, or extraction of isting drug coverage policy is rooted in ficiaries should not be denied access to any mineral resources. 1960’s medicine, before the advent of the most effective and convenient Mr. President, the current leasing biotechnology and the development of therapies for their condition. Ulti- process simply does not work very patient-friendly therapies. mately, coverage of self-injectable bio- well. It can be cumbersome, and, be- Fortunately, there is a simple, budg- logic therapies could save Medicare cause of the need to obtain approval et-neutral way to help seniors who are money in reducing costly, prolonged from both the Nation and the Interior dependent on Medicare. The Access to hospital stays and reducing the number Department, the process can be Innovation for Medicare Patients Act of care provider visits. Most impor- lengthy. That can discourage many of 2000, which I will introduce today, tantly, this legislation will improve businesses from even considering locat- along with Senators MURRAY, MIKUL- the lives of Medicare beneficiaries who ing the Navajo Reservation. SKI, SANTORUM, CHAFEE, and COCHRAN suffer from these diseases. Congress The fact is, there is no longer a need would change Medicare’s current drug must ensure that seniors and the dis- for the Secretary to be involved in rou- coverage policy to allow coverage for abled receive the best possible medical tine leasing decisions that can and self-injected biologics that are pre- treatment and therapies through the should be made by the Nation itself. scribed in lieu of an intravenous or Medicare program. The changes proposed in this bill are physician-administered therapy. It Finally, on a more personal note, my intended to speed up the process for would provide individuals suffering family has had first-hand experience issuing leases by at least 50 percent, from rheumatoid arthritis, multiple with the constant pain and frustration create predictable procedures for leas- sclerosis, hepatitis C, and deep vein caused by multiple sclerosis. My father ing trust land, and create incentives thrombosis access to the latest, most suffered from this devastating disease, for businesses to open and operate in promising biotechnology therapies. and I witnessed his daily fight to over- the Navajo Nation. It would help im- This is a modest, common sense come the pain that accompanied it. I prove the management of tribal prop- change that can and should be accom- know that self-injectable biologic ther- erty, and promote economic develop- plished this year regardless of what apy may have made his fight much ment within the 100 Chapters of the may happen on comprehensive Medi- easier. We cannot allow Medicare bene- Navajo Nation. care reform. If we do enact a Medicare ficiaries to suffer from preventable, The need to create jobs and diversify drug benefit this year, this bill should overwhelming pain. the Reservation economy are clear. A be a part of that. Failure to do so In the past, we worked to eliminate December 1998 report by the Navajo would institutionalize a coverage gap barriers to care and research. Today, Nation Division of Economic Develop- that denies seniors access to break- we seek to tear down Medicare’s bar- ment reported that the unemployment through technology and the best care riers to self-injectable biologic thera- rate for the Nation was 43.3 percent, up our medical system provides to every- pies. Seniors and the disabled should 15.5 percent from 1990. An estimated 56 one else with private health coverage. not be denied these life-saving, treat- percent of Navajo families live below According to a budget impact anal- ments simply because they are self-in- ysis by the Lewin Group, this legisla- the poverty level, with a per capita an- jected. nual income of just $5,759. tion would not cost the Medicare pro- Therefore, I rise today to join my The lack of employment opportuni- gram money and actually could save colleagues, Senators GORTON, MIKUL- ties, low industrialization, slow devel- approximately $2 million per year. This SKI, COCHRAN, STEVENS, and CHAFEE in opment, insufficient infrastructure, is a compassionate, common-sense im- introducing the Access to Innovation weak economy, and difficulty in ob- provement we can make this year to for Medicare Patients Act. This legisla- taining homesites and housing are improve the Medicare program for sen- tion would: provide access to innova- causing many Navajo people to relo- iors. I hope my colleagues will join me tive therapies that are now on the mar- cate to urban areas. in cosponsoring this bill. ket and making enormous improve- The Navajo Nation is looking for Mrs. MURRAY. Mr. President, I rise ments in the life and care of Medicare ways to reform its regulations to make today in support of the Access to Inno- beneficiaries; allow physicians to pre- it easier to attract and retain new vation for Medicare Patients Act of scribe the most appropriate therapy for businesses, and to create jobs that will 2000 and to thank my fellow colleague their patients; make a common-sense, improve the standard of living of Nav- from Washington state, Senator GOR- responsible change in Medicare; and ajo people. The reforms in the Navajo TON, for his work on this important eliminate the current bias against bio- National Trust Land Leasing Act will legislation. The Access to Innovation technology therapies inherent in the for Medicare Patients Act is critical Medicare program and many of the pre- give the Nation some of the tools it for Medicare beneficiaries who suffer scription drug proposals. needs to succeed in that regard. from chronic and debilitating diseases I urge all of my colleagues to join me Mr. President, the bill incorporates such as rheumatoid arthritis and mul- in supporting this legislation. suggestions made by both the Navajo tiple sclerosis. Nation and the Department of the Inte- As many of you know, rheumatoid By Mr. KYL (for himself and Mr. rior. There is one provision, though, arthritis and multiple sclerosis most DOMENICI): that I will ask the Nation and the De- often affect women. Until recently, few S. 2665. A bill to establish a stream- partment to review and provide further treatments existed. But advances in lined process to enable the Navajo Na- input. That is paragraph three of the biotechnology products have given tion to lease trust lands without hav- proposed new Section 415(e) of title 25 hope to thousands of individuals. Self- ing to obtain the approval of the Sec- of the U.S. Code. injectable biologic therapies have prov- retary of the Interior of individual As introduced, the bill gives the Sec- en highly effective in reducing the leases, except leases for exploration, retary of the Interior the authority to daily, chronic pain that accompanies development, or extraction of any min- approve or disapprove the Navajo Na- these devastating diseases. Patients eral resources; to the Committee on In- tion regulations under which the tribe have reported amazing results from dian Affairs. will subsequently consider and approve self-injectable biologic therapies such NAVAJO NATION TRUST LAND LEASING ACT OF leases of trust land. The Nation under- as Enbrel in clinical trials. 2000 standably wants to ensure that the However, before the Access to Inno- Mr. KYL. Mr. President, I rise today Secretary acts promptly on the regula- vation for Medicare Patients Act, no with my colleague, Senator DOMENICI, tions once they are submitted. We do
VerDate Mar 15 2010 23:34 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00080 Fmt 4624 Sfmt 0634 E:\2000SENATE\S25MY0.REC S25MY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 25, 2000 CONGRESSIONAL RECORD — SENATE S4479 not intend that the Secretary should tarial approval and that the Navajo Nation Secretary under this subsection in the best be able to veto the regulations through be able to make immediate decisions over interest of the Navajo Nation. inaction. the use of Navajo trust lands. ‘‘(4) If the Navajo Nation has executed a URPOSES lease pursuant to tribal regulations required One way to address that concern is (b) P .—The purposes of this Act are as follows: under paragraph (1), the United states shall through the imposition of some time (1) To establish a streamlined process for not be liable for losses sustained by any limit for Secretarial review—maybe 30 the Navajo Nation to lease trust lands with- party to such lease, including the Navajo Na- days. Another way might be to estab- out having to obtain the approval of the Sec- tion, except that— lish criteria in the law for the Sec- retary of the Interior of individual leases, ex- ‘‘(A) the Secretary shall continue to have a retary to use in reviewing the Nation’s cept leases for exploration, development, or trust obligation to ensure that the rights of regulations. That approach would give extraction of any mineral resources. the Navajo Nation are protected in the event the Secretary some guidance as to how (2) To authorize the Navajo nation, pursu- of a violation of the terms of any lease by any other party to such lease, including the the regulations should be assessed. It ant to tribal regulations, which must be ap- proved by the Secretary, to lease Navajo right to cancel the lease if requested by the would also give the Navajo Nation trust lands without the approval of the Sec- Navajo Nation; and some assurance that objective criteria retary of the Interior of the individual ‘‘(B) nothing in this subsection shall be will guide the Secretary’s action. If the leases, except leases for exploration, develop- construed to absolve the United States from regulations meet the criteria, the Sec- ment, or extraction of any mineral re- any responsibility to the Navajo Nation, in- retary’s ability to disapprove them sources. cluding responsibilities that derive from the would be limited. (3) To revitalize the distressed Navajo Res- trust relationship and from any treaties, Ex- As I said, I will be asking both the ervation by promoting political self-deter- ecutive Orders, or agreements between the Interior Department and the Nation for mination, and encouraging economic self- United States and the Navajo Nation, except sufficiency, including economic development as otherwise specifically provided in this their further recommendations about that increases productivity and the standard subsection.’’. these various approaches. The bill lan- of living for members of the Navajo Nation. Mr. DOMENICI. Mr. President, I am guage on Secretarial approval or dis- (4) To maintain, strengthen, and protect pleased to join Senator KYL today in approval should, therefore, be consid- the Navajo Nation’s leasing power over Nav- introducing a bill to remove a major ajo trust lands. ered open to change. impediment to business development I ask unanimous consent that the (c) DEFINITIONS.—In this section: on the Navajo Nation. Our bill will ac- text of the bill be printed in the (1) INDIAN TRIBE.—The term ‘‘Indian tribe’’ has the meaning given such term in section celerate the long and arduous process RECORD at the conclusion of my re- 4(e) of the Indian Self-Determination and now in place for obtaining a business marks, and I look forward to early ac- Education Assistance Act (25 U.S.C. 450b(e)). site lease on the Navajo Nation. For tion on the legislation: (2) NAVAJO NATION.—The term ‘‘Navajo Na- years I have heard case after case of There being no objection, the bill was tion’’ means the Navajo Nation government large and small businesses waiting ordered to be printed in the RECORD, as that is in existence on the date of enactment from two years to four years, and follows: of this Act. longer, for such a lease. Delays occur (3) TRIBAL REGULATIONS.—The term ‘‘tribal S. 2665 in both the tribal and the Bureau of In- Be it enacted by the Senate and House of Rep- regulations’’ means the Navajo Nation regu- lations as enacted by the Navajo Nation dian Affairs (BIA) lease approval proc- resentatives of the United States of America in esses. Congress assembled, Council or its standing committees and ap- proved by the Secretary. This dual process exists as a direct SECTION 1. SHORT TITLE. result of the U.S. Government’s trust This Act may be cited as the ‘‘Navajo Na- SEC. 3. LEASE OF RESTRICTED LANDS FOR THE NAVAJO NATION. responsibility for Indian reservation tion Trust Land Leasing Act of 2000’’. The first section of the Act of August 9, SEC. 2. CONGRESSIONAL FINDINGS AND DEC- lands. In study after study for the past 1955 (25 U.S.C. 415) is amended— three decades, the tediously slow and LARATION OF PURPOSES. (1) in subsection (d)— (a) FINDINGS.—Recognizing the special re- (A) in paragraph (1), by striking ‘‘and’’ at cumbersome land leasing process on lationship between the United States and the the end; the Navajo Nation has been identified Navajo nation and its members, and the Fed- (B) in paragraph (2), by striking the period as a major obstacle to attracting new eral responsibility to the Navajo people, and inserting a semicolon; and private business ventures. Congress finds that— (C) by adding at the end the following: In our search for ways to encourage (1) the third clause of section 8, Article I of ‘‘(3) the term ‘individually owned Navajo more private enterprise for Navajos, I the United States Constitution provides that Indian allotted lands’ means Navajo Indian ‘‘The Congress shall have Power...to regulate encouraged and sponsored the Navajo allotted land that is owned by 1 or more indi- Commerce...with Indian tribes’’, and, Economic Summit in Tohatchi, New viduals located within the Navajo Nation; through this and other constitutional au- Mexico in 1987. Again, many of our key ‘‘(4) the term ‘Navajo Nation’ means the thority, Congress has plenary power over In- speakers from the business world re- Navajo Nation government that is in exist- dian affairs; ence on the date of enactment of this Act; minded us that the Navajo Nation (2) Congress, through statutes, treaties, ‘‘(5) the term ‘Secretary’ means the Sec- itself, and its protective federal agen- and the general course of dealing with Indian retary of the Interior; and cy, the BIA, needed to find a better tribes, has assumed the responsibility for the ‘‘(6) the term ‘tribal regulations’ means way to make land available for private protection and preservation of Indian tribes the Navajo Nation regulations as enacted by enterprises. and their resources; the Navajo Nation Council or its standing Along another avenue of encouraging (3) the United States has a trust obligation committees and approved by the Sec- to guard and preserve the sovereignty of In- businesses to go to, or expand on the retary.’’; and dian tribes in order to foster strong tribal Navajo Nation, I cosponsored legisla- (2) by adding at the end the following: tion by Senators INOUYE and MCCAIN governments, Indian self-determination, and ‘‘(e)(1) Any leases by the Navajo Nation for economic self-sufficiency; purposes authorized under subsection (a), ex- that was incorporated into the Omni- (4) pursuant to the first section of the Act cept a lease for the exploration, develop- bus Budget Reconciliation Act of 1993. of August 9, 1955 (25 U.S.C. 415), Congress ment, or extraction of any mineral re- In Sections 13321 and 13322 of that Act, conferred upon the Secretary of the Interior sources, shall not require the approval of the we were able to enact generous wage the power to promulgate regulations gov- Secretary if the term of the lease does not tax credits and accelerated deprecia- erning tribal leases and to approve tribal exceed 75 years (including options to renew), leases for tribes according to regulations tion for businesses that chose to locate and the lease is executed under tribal regula- or expand on America’s Indian reserva- promulgated by the Secretary; tions that are approved by the Secretary (5) the Secretary of the Interior has pro- under this subsection. tions. Despite the availability of a mulgated the regulations described in para- ‘‘(2) Paragraph (1) shall not apply to indi- wage tax credit for every eligible In- graph (4) at part 162 of title 25, Code of Fed- vidually owned Navajo Indian allotted land dian hired, many businesses still eral Regulations; located within the Navajo Nation. viewed the complexity of Indian courts (6) the requirement that the Secretary ap- ‘‘(3) The Secretary shall have the author- and land allocation methods as com- prove leases for the development of Navajo ity to approve or disapprove tribal regula- parable third world nations. trust lands has added a level of review and tions required under paragraph (1). The Sec- Business has not flocked to the Nav- regulation that does not apply to the devel- retary shall not have approval authority opment of non-Indian land; and over individual leases of Navajo trust lands, ajo Nation, although many tribes (7) in the global economy of the 21st Cen- except for the exploration, development, or around the country have taken advan- tury, it is crucial that individual leases of extraction of any mineral resources. The tage of this wage tax credit. Our incen- Navajo trust lands not be subject to Secre- Secretary shall perform the duties of the tives allow a direct credit off-taxes
VerDate Mar 15 2010 23:34 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00081 Fmt 4624 Sfmt 0634 E:\2000SENATE\S25MY0.REC S25MY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4480 CONGRESSIONAL RECORD — SENATE May 25, 2000 owed at the rate of 20 percent of the ness friendly. I urge my colleagues to zens should be reintegrated into soci- first $20,000 paid in wages and health join us in allowing the Navajo Nation ety and our citizen-dependent democ- insurance for every Indian hired. In ad- to fully accept the responsibility for racy. dition, all investments from infrastruc- creating a single track land leasing I want to make it perfectly clear that ture to computers were given acceler- system in place of the dual system now this legislation, in no way, extends vot- ated depreciation rates, about one- required. ing rights to prisoners. In fact, my col- third faster than non-reservation in- leagues in the Senate know that I have vestments. By Mr. REID: led the fight in this body against frivo- The Navajo Nation is our Nation’s S. 2666. A bill to secure the Federal lous lawsuits filed by prisoners. Fur- largest Indian reservation in both area voting rights of persons who have fully thermore, this legislation does not ex- and population. About 200,000 Navajos served their sentences, including parole tend voting rights to persons on parole live on a reservation that straddles and probation, and for other purposes; or probation. This legislation simply four States and is slightly larger than to the Committee on the Judiciary. states that anyone who has success- the entire state of West Virginia. Un- CIVIC PARTICIPATION ACT OF 2000 fully, and completely, served their en- fortunately, the poverty rate is high, Mr. REID. Mr. President. I rise today tire sentence, including any parole and unemployment hovers around 40 per- to introduce the Civic Participation probation, may not be denied the right cent year after year, and private sector Act of 2000. This legislation would to vote. jobs are all too rare. Sadly, the time guarantee that individuals who have Finally, this legislation would apply lag for obtaining a new land lease also fully served their sentences have the only to Federal elections, thereby pro- remains painstakingly slow. right to vote in Federal elections. tecting the rights of individual States I commend Navajo President Kelsey The right to vote in a democracy is to establish voting procedures for Begaye for his interest in encouraging the most basic act of citizenship. It is State elections. a better system for making land avail- a right that may not be abridged or de- In conclusion, Mr. President, I want able for businesses and other purposes. nied by the United States, or any to reiterate that this legislation is nar- Although other incentives like access State, on account of race, color, gender rowly drafted to guarantee one of the to State and Federal courts will still be or previous condition of servitude. This most fundamental rights of citizens of needed, a faster land lease will go a fundamental right is truly the most our democracy, and I urge my col- long way to encourage more business glaring example of a free society. leagues to support this worthy endeav- activity. I can’t help but think of Nelson or. Our bill will establish a streamlined Mandela’s perspective on the right to By Mr. WARNER (for himself, process for the Navajo Nation to lease vote. One would think that the most Mr. KENNEDY, Mr. SARBANES, trust lands without having to obtain significant day in Mr. Mandela’s life Mr. JEFFORDS, Mr. ROBB, and the approval of the Interior for indi- would have been the day he walked out Mr. LEAHY): vidual leases. The exception is explo- of a South African prison after more ration, development, or extraction of S. 2667. A bill to designate the Wash- than 27 years behind bars. Or perhaps, ington Opera in Washington, D.C., as any mineral resources. These types of it might be the day he assumed the leases will still require Secretarial ap- the National Opera; to the Committee Presidency of post-apartheid South Af- on Governmental Affairs. proval. rica. In fact, Mr. Mandela has said that DESIGNATING THE WASHINGTON OPERA IN The Secretary of Interior would be the most important day in his life was required to approve the regulations WASHINGTON, D.C., AS THE NATIONAL OPERA the day he voted for the first time. adopted by the Navajo Nation to imple- Mr. WARNER. Mr. President, I am Mr. President, I am troubled that pleased to introduce legislation today ment this new leasing authority. Once many people in this country are denied approved, the Navajo Nation would with Senator KENNEDY, Senator SAR- the right to vote, even when any sen- BANES, Senator JEFFORDS, and Senator have regulatory authority to finalize tence of imprisonment, parole or pro- land leases that do not exceed 75 years. ROBB to designate the Washington bation has been fully completed. Addi- They will be able to do this without Opera as the National Opera. tionally, many individuals who have having to be second guessed by the BIA The Washington Opera has been an fully served their sentences and wish to in a follow-up process that always adds innovative leader in bringing to the regain their right to vote, must peti- months, and sometimes years, to the metropolitan Washington area excep- tion a pardon board, their State Gov- process. tional performances since 1956. The The trust obligation of the Secretary ernors, or even, in some States, must company has enjoyed tremendous suc- of Interior would remain in place. The obtain a Presidential pardon. Few peo- cess in the community over the years. Navajo Nation, would, in effect, be act- ple have the financial or political re- Since 1980, the company has grown ing as an agent of the Secretary. By sources needed to succeed in such ef- from 16 performances of four operas to eliminating the need for Secretarial forts. 80 performances of eight operas for the (BIA) review of its land leasing deci- Furthermore, the denial of suffrage 2000 season. sions, however, our legislation will disproportionately affects ethnic mi- Mr. President, the purpose of this allow a more efficient land leasing sys- norities. Recent studies have indicated legislation is to recognize in our na- tem to be put in place. that an estimated thirteen percent of tion’s capital an opera of national sig- I am confident that President adult African-American males are un- nificance. Let me be clear to my col- Begaye’s Administration will work able to vote as a result of varying state leagues that this legislation does not hard to reduce the time the Navajo Na- disenfranchisement laws. This is even extend any Federal responsibilities or tion itself now takes to issue a lease. more troubling when we consider that obligation for funding to the Wash- Without the follow-up review by the voter turnout, especially among Amer- ington Opera. It would not become part BIA, the potential business applicant ica’s youth, is at a record low. As elect- of any Federal activity. Today, the will be able to open up months sooner. ed officials who have been given the Washington Opera enjoys a contractual Rather than getting caught in a privilege to serve by our fellow Ameri- relationship with the Kennedy Center blame game, a new lease applicant will cans, we need to recognize that the for the Performing Arts for use of its be able to focus on a single process for strength of a democracy depends upon facilities. It is not affiliated with the obtaining a land lease, and the Navajo the voluntary participation of its citi- Kennedy Center in any way other than Nation will be the responsible party for zens. being named as the resident opera com- delays. Again, I admire the courage of Mr. President, let me be clear. Crimi- pany. This is an honorary designation, President Begaye’s Administration for nal activity must be punished. Stiff but there is no financial support for its willingness to accept this responsi- and appropriate sentences should be the opera from the Kennedy Center. bility and to encourage more private imposed upon those who violate our The legislation is only intended as a sector business activity on the largest laws. However, we should not be means of recognition of opera in our Indian reservation in our country. disenfranchising those citizens who Nation’s capital and its mission to I believe this initiative will encour- have fully completed their prescribed bring to the nation a forum to high- age the Navajo Nation to be more busi- sentences, especially when those citi- light our musical heritage. Under its
VerDate Mar 15 2010 23:34 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00082 Fmt 4624 Sfmt 0634 E:\2000SENATE\S25MY0.REC S25MY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 25, 2000 CONGRESSIONAL RECORD — SENATE S4481 new name, the National Opera will have been in the United States since These coalitions are already being bring contained performances of Amer- the early 1980s, when they fled tyranny built. ican opera to the stage. and turmoil in their home countries. I would like to submit a letter from The history of the Washington Opera The were welcomed into our nation May 16, 2000 from Jack Kemp, Henry and its commitment to bringing opera by President Ronald Reagan. Cisneros, and a wide range of business, as an art form to the Washington area These Central American nationals religious, labor and immigrant advo- community is to be commended. The were made retroactively deportable by cacy groups endorsing components of Washington Opera’s Education and the 1996 immigration bill. this legislation. Community Programs are dedicated to This legislation provides a state op- This is a wonderful example of groups educating future audiences and making tion to help legal immigrant children at the national and local level coa- the experience of opera more available get needed health care. lescing together around pro-family, to residents of the region. Since 1992, The 1996 welfare bill deprived vulner- pro-business, pro-justice ideals. over 150,000 students have participated able, legal children from benefits. Our current immigration debates in these programs. Today, there are This change is good public policy, have had the negative effect of pitting over 22 programs that provide perform- from a health care perspective, an im- one segment of our society against an- ance experiences, curriculum activi- migration perspective and a humani- other, and pitting one nationality against another. ties, in-school artist visits, profes- tarian perspective. In the past . . . the debate has been if sional development opportunities for 2. It is pro-family. This legislation will speed the proc- businesses get more workers, family re- teachers and young artists, and other unification will suffer. activities that bring opera into our ess that reunites family members. It has been over ten years since the Nicaraguans and Cubans receive a schools and communities. limits on family immigration were ad- swifter and more generous immigration Mr. President, with this national rec- status than similarly situated Central ognition comes the obligation for the justed. This has resulted in waiting pe- riods that could last years to bring im- American and Caribbean nationals. Washington Opera to undertake addi- No one wins if these divides remain. tional programs to serve a larger na- mediate family members together. Spouses and children would have an All of us win if we can work together tional audience, expand community easier time in obtaining visas to visit and strengthen our nation by cor- outreach for underprivileged youth, their loved ones through this legisla- recting past injustices, reuniting fami- and other missions that embody a larg- tion. lies and providing American businesses er national presence. I am confident In current practice, it is often very with the workers they desperately that the opera will enthusiastically ac- difficult to travel to visit legal resi- need. cept this challenge. dents in the United States while their I urge my colleagues to support this I ask unanimous consent that the immigration documents are pending— measure. text of my legislation appear in the Since the bill covers many issues, I our legislation would ease the bureauc- RECORD following my statement. would like to submit a summary of the racy to allow families to be together There being no objection, the bill was legislation for the RECORD along with for the events that shape their lives. ordered to be printed in the RECORD, as 3. It is pro-business. the test and a supporting letter. follows: There being no objection, the mate- Congress has focused this session on S. 2667 rial was ordered to be printed in the increasing the number of high-tech RECORD, as follows: Be it enacted by the Senate and House of Rep- workers for U.S. companies. I have resentatives of the United States of America in S. 2668 Congress assembled, long been supportive of that proposal. Protections are in place for U.S. Be it enacted by the Senate and House of Rep- SECTION 1. DESIGNATION. resentatives of the United States of America in The Washington Opera, organized under workers, and American business has Congress assembled, the laws of the District of Columbia, is des- the resources needed to keep our econ- SECTION 1. SHORT TITLE. ignated as the ‘‘National Opera’’. omy booming. This Act may be cited as the ‘‘Family, SEC. 2. REFERENCES. This legislation is pro-business in Work and Immigrant Integration Amend- Any reference in a law, map, regulation, two ways. ments of 2000’’. document, paper, or other record of the It builds the pool of legal workers TITLE I—CENTRAL AMERICAN AND United States to the Washington Opera re- available by swifter family reunifica- HAITIAN PARITY ferred to in section 1 shall be deemed to be tion. SEC. 101. SHORT TITLE. a reference to the ‘‘National Opera’’. And it offers an avenue for those This title may be cited as the ‘‘Central By Mr. GRAHAM (for himself and workers who are already here and American and Haitian Parity Act of 2000’’. SEC. 102. ADJUSTMENT OF STATUS FOR CERTAIN Mr. SMITH of Oregon): working to remain here. They can stay here, and increase the NATIONALS FROM EL SALVADOR, S. 2668. A bill to amend the Immigra- GUATEMALA, HONDURAS, AND tion and Nationality Act to improve productivity of our nation’s businesses, HAITI. procedures for the adjustment of status or they can leave and work for foreign Section 202 of the Nicaraguan Adjustment of aliens, to reduce the backlog of fam- competitors. and Central American Relief Act is amend- ily-sponsored aliens, and for other pur- I want them to stay. ed— (1) in the section heading, by striking poses; to the Committee on the Judici- Alan Greenspan agrees. He has said during a House Banking ‘‘NICARAGUANS AND CUBANS’’ and inserting ary. and Financial Services Committee ‘‘NICARAGUANS, CUBANS, SALVADORANS, GUA- FAMILY, WORK AND IMMIGRANT INTEGRATION meeting in July of last year: TEMALANS, HONDURANS, AND HAITIANS’’; AMENDMENTS OF 2000 (2) in subsection (a)(1)(A), by striking ∑ Mr. GRAHAM. Mr. President, I rise Aggregated demand is putting very signifi- ‘‘2000’’ and inserting ‘‘2003’’; cant pressures on an ever-decreasing supply (3) in subsection (b)(1), by striking ‘‘Nica- today to introduce bipartisan immigra- of unemployed labor. The one obvious means tion legislation that will have a tre- ragua or Cuba’’ and inserting ‘‘Nicaragua, that we can use to offset that is expanding Cuba, El Salvador, Guatemala, Honduras, or mendous impact on thousands of fami- the number of people we allow in.... I lies in the United States. Haiti’’; and think in reviewing our immigration laws in (4) in subsection (d)— I am very pleased to be working with the context of the type of economy which we (A) in subparagraph (A), by striking ‘‘Nica- my colleague, GORDON SMITH of Oregon, will be enjoying in the decade ahead is clear- ragua or Cuba’’ and inserting ‘‘Nicaragua, on this effort. ly on the table.... Cuba, El Salvador, Guatamala, Honduras, or There are several reasons for the in- 4. Its omnibus nature allows groups to work to- Haiti; and troduction of this legislation. gether toward a common goal (B) in subparagraph (E), by striking ‘‘2000’’ 1. It corrects past injustices. All sides win in this equation. and inserting ‘‘2003’’. Many of the immigrants helped by Families. Children. Business. Our SEC. 103. APPLICATIONS PENDING UNDER this legislation have been active, pro- economy AMENDMENTS MADE BY SECTION ductive, hard-working members of our By combining forces, groups that 203 OF THE NICARAGUAN ADJUST- MENT AND CENTRAL AMERICAN RE- community for many years. care about these issues can work to- LIEF ACT. For example, the majority of Central gether toward a comprehensive, pru- An application for relief properly filed by a Americans helped by this legislation dent, rational immigration policy. national of Guatemala or El Salvador under
VerDate Mar 15 2010 23:34 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00083 Fmt 4624 Sfmt 0634 E:\2000SENATE\S25MY0.REC S25MY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4482 CONGRESSIONAL RECORD — SENATE May 25, 2000 the amendments made by section 203 of the as a condition of submitting or granting (5) in subsection (g), by inserting ‘‘, or an Nicaraguan Adjustment and Central Amer- such application, to file a separate motion to immigrant classification,’’ after ‘‘for perma- ican Relief Act which was filed on or before reopen, reconsider, or vacate such order. nent residence’’; and the date of enactment of this Act, and on Such an alien may be required to seek a stay (6) by adding at the end the following new which a final administrative determination of such an order in accordance with sub- subsection: has not been made, shall, at the election of section (c) to prevent the execution of that ‘‘(i) STATUTORY CONSTRUCTION.—Nothing in the applicant, be considered to be an applica- order pending the adjudication of the appli- this section authorizes any alien to apply for tion for adjustment of status under the pro- cation for adjustment of status. If the Attor- admission to, be admitted to, be paroled visions of section 202 of the Nicaraguan Ad- ney General denies a stay of a final order of into, or otherwise lawfully return to the justment and Central American Relief Act, exclusion, deportation, or removal, or if the United States, to apply for, or to pursue an as amended by section 402 of this Act, upon Attorney General renders a final administra- application for adjustment of status under the payment of any fees, and in accordance tive determination to deny the application this section without the express authoriza- with procedures, that the Attorney General for adjustment of status, the order shall be tion of the Attorney General.’’. shall prescribe by regulation. The Attorney effective and enforceable to the same extent (b) EFFECTIVE DATE.—The amendments General may not refund any fees paid in con- as if the application had not been made. If made by paragraphs (1)(D), (2), and (6) shall nection with an application filed by a na- be effective as if included in the enactment tional of Guatemala or El Salvador under the Attorney General grants the application for adjustment of status, the Attorney Gen- of the Nicaraguan and Central American Re- the amendments made by section 203 of that lief Act. The amendments made by para- Act. eral shall cancel the order.’’; (2) in subsection (b)(1), by adding at the graphs (1) (A)–(C), (3), (4), and (5) shall take SEC. 104. APPLICATIONS PENDING UNDER THE effect on the date of enactment of this Act. HAITIAN REFUGEE IMMIGRATION end the following: ‘‘Subsection (a) shall not FAIRNESS ACT OF 1998. apply to an alien lawfully admitted for per- SEC. 106. TECHNICAL AMENDMENTS TO THE HAI- An application for adjustment of status manent residence, unless the alien is apply- TIAN REFUGEE IMMIGRATION FAIR- properly filed by a national of Haiti under ing for relief under that subsection in depor- NESS ACT OF 1998. the Haitian Refugee Immigration Fairness tation or removal proceedings.’’; (a) IN GENERAL.—Section 902 of the Haitian Act of 1998 which was filed on or before the (3) in subsection (c)(1), by adding at the Refugee Immigration Fairness Act of 1998 is date of enactment of this Act, and on which end the following: ‘‘Nothing in this Act re- amended— a final administrative determination has not quires the Attorney General to stay the re- (1) in subsection (a)— been made, may be considered by the Attor- moval of an alien who is ineligible for ad- (A) by inserting before the period at the ney General, in the unreviewable discretion justment of status under this Act.’’; end of paragraph (1)(B) the following: ‘‘, and of the Attorney General, to also constitute (4) in subsection (d)— the Attorney General may waive the grounds an application for adjustment of status (A) by amending the subsection heading to of inadmissibility specified in section 212(a) under the provisions of section 202 of the read as follows: ‘‘SPOUSES, CHILDREN, AND (1)(A)(i) and (6)(C) of such Act for humani- Nicaraguan Adjustment and Central Amer- UNMARRIED SONS AND DAUGHTERS.—’’; tarian purposes, to assure family unity, or ican Relief Act, as amended by section 402 of (B) by amending the heading of paragraph when it is otherwise in the public interest’’; this Act. (1) to read as follows: ‘‘ADJUSTMENT OF STA- (B) by redesignating paragraph (2) as para- graph (3); SEC. 105. TECHNICAL AMENDMENTS TO THE NIC- TUS.—’’; ARAGUAN ADJUSTMENT AND CEN- (C) by amending paragraph (1)(A) to read (C) by inserting after paragraph (1) the fol- TRAL AMERICAN RELIEF ACT. as follows: lowing: (a) IN GENERAL.—Section 202 of the Nica- ‘‘(A) the alien entered the United States on ‘‘(2) INAPPLICABILITY OF CERTAIN PROVI- raguan Adjustment and Central American or before the date of enactment of the Cen- SIONS.—In determining the eligibility of an Relief Act is amended— tral American and Haitian Parity Act of alien described in subsection (b) or (d) for ei- (1) in subsection (a)— ther adjustment of status under this section 1999;’’; (A) by inserting before the period at the or other relief necessary to establish eligi- (D) in paragraph (1)(B), by striking ‘‘except end of paragraph (1)(B) the following: ‘‘, and bility for such adjustment, or for permission that in the case of’’ and inserting the fol- the Attorney General may, in the to reapply for admission to the United lowing: ‘‘except that— unreviewable discretion of the Attorney Gen- States for the purpose of adjustment of sta- ‘‘(i) in the case of such a spouse, stepchild, eral, waive the grounds of inadmissibility tus under this section, the provisions of sec- or unmarried stepson or stepdaughter, the specified in section 212(a)(1) (A)(i) and (6)(C) tion 241(a)(5) of the Immigration and Nation- qualifying marriage was entered into before of such Act for humanitarian purposes, to as- ality Act shall not apply. In addition, an the date of enactment of the Central Amer- sure family unity, or when it is otherwise in alien who would otherwise be inadmissible ican and Haitian Parity Act of 1999; and the public interest’’; pursuant to section 212(a)(9) (A) or (C) of ‘‘(ii) in the case of’’; and (B) by redesignating paragraph (2) as para- such Act may apply for the Attorney Gen- graph (3); (E) by adding at the end the following new eral’s consent to reapply for admission with- (C) by inserting after paragraph (1) the fol- paragraph: out regard to the requirement that the con- lowing: ‘‘(3) ELIGIBILITY OF CERTAIN SPOUSES AND sent be granted prior to the date of the CHILDREN FOR ISSUANCE OF IMMIGRANT ‘‘(2) INAPPLICABILITY OF CERTAIN PROVI- alien’s reembarkation at a place outside the VISAS.— SIONS.—In determining the eligibility of an United States or attempt to be admitted alien described in subsection (b) or (d) for ei- ‘‘(A) IN GENERAL.—In accordance with reg- from foreign contiguous territory, in order ther adjustment of status under this section ulations to be promulgated by the Attorney to qualify for the exception to those grounds or other relief necessary to establish eligi- General and the Secretary of State, upon ap- of inadmissibility set forth in section bility for such adjustment, the provisions of proval of an application for adjustment of 212(a)(9) (A)(iii) and (C)(ii) of such Act.’’; and section 241(a)(5) of the Immigration and Na- status to that of an alien lawfully admitted (D) by amending paragraph (3) (as redesig- tionality Act shall not apply. In addition, an for permanent residence under subsection nated by subparagraph (B)) to read as fol- alien who would otherwise be inadmissible (a), an alien who is the spouse or child of the lows: pursuant to section 212(a)(9) (A) or (C) of alien being granted such status may be ‘‘(3) RELATIONSHIP OF APPLICATION TO CER- such Act may apply for the Attorney Gen- issued a visa for admission to the United TAIN ORDERS.—An alien present in the United eral’s consent to reapply for admission with- States as an immigrant following to join the States who has been ordered excluded, de- out regard to the requirement that the con- principal applicant, if the spouse or child— ported, removed, or ordered to depart volun- sent be granted prior to the date of the ‘‘(i) meets the requirements in paragraphs tarily from the United States under any pro- alien’s reembarkation at a place outside the (1) (B) and (1) (D); and vision of the Immigration and Nationality United States or attempt to be admitted ‘‘(ii) applies for such a visa within a time Act may, notwithstanding such order, apply from foreign contiguous territory, in order period to be established by such regulations. for adjustment of status under paragraph (1). to qualify for the exception to those grounds ‘‘(B) RETENTION OF FEES FOR PROCESSING Such an alien may not be required, as a con- of inadmissibility set forth in section APPLICATIONS.—The Secretary of State may dition of submitting or granting such appli- 212(a)(9) (A)(iii) and (C)(ii) of such Act.’’; and retain fees to recover the cost of immigrant cation, to file a separate motion to reopen, (D) by amending paragraph (3) (as redesig- visa application processing and issuance for reconsider, or vacate such order. Such an nated by subparagraph (B)) to read as fol- certain spouses and children of aliens whose alien may be required to seek a stay of such lows: applications for adjustment of status under an order in accordance with subsection (c) to ‘‘(3) RELATIONSHIP OF APPLICATION TO CER- subsection (a) have been approved. Such prevent the execution of that order pending TAIN ORDERS.—An alien present in the United fees— the adjudication of the application for ad- States who has been ordered excluded, de- ‘‘(i) shall be deposited as an offsetting col- justment of status. If the Attorney General ported, or removed, or ordered to depart vol- lection to any Department of State appro- denies a stay of a final order of exclusion, de- untarily from the United States under any priation to recover the cost of such proc- portation, or removal, or if the Attorney provision of the Immigration and Nation- essing and issuance; and General renders a final administrative deter- ality Act may, notwithstanding such order, ‘‘(ii) shall be available until expended for mination to deny the application for adjust- apply for adjustment of status under para- the same purposes of such appropriation to ment of status, the order shall be effective graph (1). Such an alien may not be required, support consular activities.’’; and enforceable to the same extent as if the
VerDate Mar 15 2010 23:34 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00084 Fmt 4624 Sfmt 0634 E:\2000SENATE\S25MY0.REC S25MY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 25, 2000 CONGRESSIONAL RECORD — SENATE S4483 application had not been made. If the Attor- United States, to apply for, or to pursue an TITLE III—LIBERIAN REFUGEE ney General grants the application for ad- application for adjustment of status under IMMIGRATION FAIRNESS justment of status, the Attorney General this section without the express authoriza- SEC. 301. SHORT TITLE. shall cancel the order.’’; tion of the Attorney General.’’. This title may be referred to as the ‘‘Libe- (2) in subsection (b)(1), by adding at the (b) EFFECTIVE DATE.—The amendments rian Refugee Immigration Fairness Act of end the following: ‘‘Subsection (a) shall not made by paragraphs (1)(D), (2), and (6) shall 2000’’. apply to an alien lawfully admitted for per- be effective as if included in the enactment SEC. 302. ADJUSTMENT OF STATUS. manent residence, unless the alien is apply- of the Haitian Refugee Immigration Fairness ing for such relief under that subsection in (a) ADJUSTMENT OF STATUS.— Act of 1998. The amendments made by para- deportation or removal proceedings.’’; (1) IN GENERAL.— graphs (1) (A)–(C), (3), (4), and (5) shall take (3) in subsection (c)(1), by adding at the (A) ELIGIBILITY.—The Attorney General effect on the date of enactment of this Act. end the following: ‘‘Nothing in this Act shall shall adjust the status of an alien described require the Attorney General to stay the re- SEC. 107. MOTIONS TO REOPEN. in subsection (b) to that of an alien lawfully moval of an alien who is ineligible for ad- admitted for permanent residence, if the (a) NATIONALS OF HAITI.—Notwithstanding justment of status under this Act.’’; alien— any time and number limitations imposed by (4) in subsection (d)— (i) applies for adjustment before April 1, law on motions to reopen, a national of Haiti (A) by amending the subsection heading to 2004; and who, on the date of enactment of this Act, read as follows: ‘‘SPOUSES, CHILDREN, AND (ii) is otherwise eligible to receive an im- has a final administrative denial of an appli- UNMARRIED SONS AND DAUGHTERS.—’’; migrant visa and is otherwise admissible to cation for adjustment of status under the (B) by amending the heading of paragraph the United States for permanent residence, Haitian Refugee Immigration Fairness Act (1) to read as follows: ‘‘ADJUSTMENT OF STA- except that, in determining such admissi- of 1998, and is made eligible for adjustment TUS.—’’; bility, the grounds for inadmissibility speci- (C) by amending paragraph (1)(A), to read of status under that Act by the amendments fied in paragraphs (4), (5), (6)(A), and (7)(A) of as follows: made by this title, may file one motion to section 212(a) of the Immigration and Na- ‘‘(A) the alien entered the United States on reopen an exclusion, deportation, or removal tionality Act shall not apply. or before the date of enactment of the Cen- proceeding to have the application reconsid- (B) INELIGIBLE ALIENS.—An alien shall not tral American and Haitian Parity Act of ered. Any such motion shall be filed within be eligible for adjustment of status under 1999;’’; 180 days of the date of enactment of this Act. this section if the Attorney General finds (D) in paragraph (1)(B), by striking ‘‘except The scope of any proceeding reopened on this that the alien has been convicted of— that in the case of’’ and inserting the fol- basis shall be limited to a determination of (i) any aggravated felony (as defined in lowing: ‘‘except that— the alien’s eligibility for adjustment of sta- section 101(a)(43) of the Immigration and Na- ‘‘(i) in the case of such a spouse, stepchild, tus under the Haitian Refugee Immigration tionality Act (8 U.S.C. 1101(a)(43)); or or unmarried stepson or stepdaughter, the Fairness Act of 1998. (ii) two or more crimes involving moral qualifying marriage was entered into before (b) NATIONALS OF CUBA.—Notwithstanding turpitude. the date of enactment of the Central Amer- any time and number limitations imposed by (2) RELATIONSHIP OF APPLICATION TO CER- ican and Haitian Parity Act of 1999; and law on motions to reopen, a national of Cuba TAIN ORDERS.—An alien present in the United ‘‘(ii) in the case of’’; or Nicaragua who, on the date of enactment States who has been ordered excluded, de- (E) by adding at the end of paragraph (1) of the Act, has a final administrative denial ported, removed, or ordered to depart volun- the following new subparagraph: of an application for adjustment of status tarily from the United States under any pro- ‘‘(E) the alien applies for such adjustment under the Nicaraguan Adjustment and Cen- vision of the Immigration and Nationality before April 3, 2003.’’; and tral American Relief Act, and who is made Act may, notwithstanding such order, apply (F) by adding at the end the following new eligible for adjustment of status under that for adjustment of status under paragraph (1), paragraph: Act by the amendments made by this title, if otherwise qualified under that paragraph. ‘‘(3) ELIGIBILITY OF CERTAIN SPOUSES AND may file one motion to reopen an exclusion, Such an alien may not be required, as a con- CHILDREN FOR ISSUANCE OF IMMIGRANT deportation, or removal proceeding to have dition on submitting or granting such appli- VISAS.— the application reconsidered. Any such mo- cation, to file a separate motion to reopen, ‘‘(A) IN GENERAL.—In accordance with reg- tion shall be filed within 180 days of the date reconsider, or vacate such order. If the At- ulations to be promulgated by the Attorney of enactment of this Act. The scope of any torney General grants the application, the General and the Secretary of State, upon ap- proceeding reopened on this basis shall be Attorney General shall cancel the order. If proval of an application for adjustment of limited to a determination of the alien’s eli- the Attorney General makes a final decision status to that of an alien lawfully admitted gibility for adjustment of status under the to deny the application, the order shall be ef- for permanent residence under subsection Nicaraguan Adjustment and Central Amer- fective and enforceable to the same extent as (a), an alien who is the spouse or child of the ican Relief Act. if the application had not been made. alien being granted such status may be (b) ALIENS ELIGIBLE FOR ADJUSTMENT OF issued a visa for admission to the United TITLE II—FILING DEADLINES FOR AD- STATUS.— States as an immigrant following to join the JUSTMENT OF STATUS OF CERTAIN (1) IN GENERAL.—The benefits provided by principal applicant, if the spouse or child— CUBAN, NICARAGUAN, AND HAITIAN NA- subsection (a) shall apply to any alien— ‘‘(i) meets the requirements in paragraphs TIONALS (A) who is— (1)(B) and (1)(D); and (i) a national of Liberia; and SEC. 201. EXTENSION OF FILING DEADLINES FOR (ii) has been continuously present in the ‘‘(ii) applies for such a visa within a time APPLICATIONS FOR ADJUSTMENT period to be established by such regulations. OF STATUS OF CERTAIN CUBAN, NIC- United States from January 1, 1999, through ‘‘(B) RETENTION OF FEES FOR PROCESSING ARAGUAN, AND HAITIAN NATIONALS. the date of application under subsection (a); APPLICATIONS.—The Secretary of State may or (a) NICARAGUAN ADJUSTMENT AND CENTRAL retain fees to recover the cost of immigrant (B) who is the spouse, child, or unmarried AMERICAN RELIEF ACT.—Notwithstanding the visa application processing and issuance for son or daughter of an alien described in sub- expiration of the application filing deadline certain spouses and children of aliens whose paragraph (A). in section 202(a)(1) of the Nicaraguan Adjust- applications for adjustment of status under (2) DETERMINATION OF CONTINUOUS PHYSICAL ment and Central American Relief Act (as subsection (a) have been approved. Such PRESENCE.—For purposes of establishing the contained in Public Law 105–100; 8 U.S.C. 1255 fees— period of continuous physical presence re- note), a Cuban or Nicaraguan national who is ‘‘(i) shall be deposited as an offsetting col- ferred to in paragraph (1), an alien shall not otherwise eligible for adjustment of status lection to any Department of State appro- be considered to have failed to maintain con- under that section may apply for that status priation to recover the cost of such proc- tinuous physical presence by reasons of an through the date that is one year after the essing and issuance; and absence, or absences, from the United States date of promulgation by the Attorney Gen- ‘‘(ii) shall be available until expended for for any period or periods amounting in the eral of final regulations for the implementa- the same purposes of such appropriation to aggregate to not more than 180 days. tion of that section. support consular activities.’’; (c) STAY OF REMOVAL.— (5) in subsection (g), by inserting ‘‘, or an (b) HAITIAN REFUGEE IMMIGRATION FAIR- (1) IN GENERAL.—The Attorney General immigrant classification,’’ after ‘‘for perma- NESS ACT.—Notwithstanding the expiration shall provide by regulation for an alien who nent residence’’; of the application filing deadline in section is subject to a final order of deportation or (6) by redesignating subsections (i), (j), and 902(a) of the Haitian Refugee Immigration removal or exclusion to seek a stay of such (k) as subsections (j), (k), and (l), respec- Fairness Act of 1998 (as added by section order based on the filing of an application tively; and 101(h) of division A of Public Law 105–277), a under subsection (a). (7) by inserting after subsection (h) the fol- Haitian national who is otherwise eligible (2) DURING CERTAIN PROCEEDINGS.—Not- lowing new subsection: for adjustment of status under that section withstanding any provision of the Immigra- ‘‘(i) STATUTORY CONSTRUCTION.—Nothing in may apply for that status through the date tion and Nationality Act, the Attorney Gen- this section authorizes any alien to apply for that is one year after the date of promulga- eral shall not order an alien to be removed admission to, be admitted to, be paroled tion by the Attorney General of final regula- from the United States if the alien is in ex- into, or otherwise lawfully return to the tions for the implementation of that section. clusion, deportation, or removal proceedings
VerDate Mar 15 2010 23:34 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00085 Fmt 4624 Sfmt 0634 E:\2000SENATE\S25MY0.REC S25MY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4484 CONGRESSIONAL RECORD — SENATE May 25, 2000 under any provision of such Act and has ap- under that paragraph shall be issued without viously issued a visa or otherwise provided plied for adjustment of status under sub- regard to the numerical limitation under nonimmigrant status under section section (a), except where the Attorney Gen- paragraph (2) of this subsection during the 101(a)(15)(H)(i)(b) of the Immigration and Na- eral has made a final determination to deny remainder of the calendar quarter. tionality Act on whose behalf a petition the application. ‘‘(B) LIMITING FALL ACROSS FOR CERTAIN under section 204(b) to accord the alien im- (3) WORK AUTHORIZATION.—The Attorney COUNTRIES SUBJECT TO SUBSECTION (E).—In the migrant status under section 203(b), or an ap- General may authorize an alien who has ap- case of a foreign state or dependent area to plication for adjustment of status under sec- plied for adjustment of status under sub- which subsection (e) applies, if the total tion 245 to accord the alien status under sec- section (a) to engage in employment in the number of visas issued under section 203(b) tion 203(b), has been filed, if 365 days or more United States during the pendency of such exceeds the maximum number of visas that have elapsed since— application and may provide the alien with may be made available to immigrants of the (1) the filing of a labor certification appli- an ‘‘employment authorized’’ endorsement state or area under section 203(b) consistent cation on the alien’s behalf (if such certifi- or other appropriate document signifying au- with subsection (e) (determined without re- cation is required for the alien to obtain sta- thorization of employment, except that, if gard to this paragraph), in applying sub- tus under section 203(b)); or such application is pending for a period ex- section (e) all visas shall be deemed to have (2) the filing of the petition under section ceeding 180 days and has not been denied, the been required for the classes of aliens speci- 204(b). (b) EXTENSION OF H1–B WORKER STATUS.— Attorney General shall authorize such em- fied in section 203(b).’’. The Attorney General shall extend the stay ployment. (b) CONFORMING AMENDMENTS.— of an alien who qualifies for an exemption (d) RECORD OF PERMANENT RESIDENCE.— (1) Section 202(a)(2) of the Immigration and under subsection (a) in one-year increments Upon approval of an alien’s application for Nationality Act (8 U.S.C. 1152(a)(2)) is until such time as a final decision is made on adjustment of status under subsection (a), amended by striking ‘‘paragraphs (3) and (4)’’ the alien’s lawful permanent residence. the Attorney General shall establish a record and inserting ‘‘paragraphs (3), (4), and (5)’’. (c) INCREASED JOB FLEXIBILITY FOR LONG of the alien’s admission for permanent (2) Section 202(e)(3) of the Immigration and DELAYED APPLICANTS FOR ADJUSTMENT OF record as of the date of the alien’s arrival in Nationality Act (8 U.S.C. 1152(e)(3)) is STATUS.— the United States. amended by striking ‘‘the proportion of the (1) Section 204 of the Immigration and Na- (e) AVAILABILITY OF ADMINISTRATIVE RE- visa numbers’’ and inserting ‘‘except as pro- tionality Act (8 U.S.C. 1154) is amended by VIEW.—The Attorney General shall provide vided in subsection (a)(5), the proportion of adding at the end the following new sub- to applicants for adjustment of status under the visa numbers’’. section: subsection (a) the same right to, and proce- (c) ONE-TIME PROTECTION UNDER PER COUN- ‘‘(j) JOB FLEXIBILITY FOR LONG DELAYED dures for, administrative review as are pro- TRY CEILING.—Notwithstanding section APPLICANTS FOR ADJUSTMENT OF STATUS TO vided to— 214(g)(4) of the Immigration and Nationality PERMANENT RESIDENCE.—A petition under (1) applicants for adjustment of status Act, any alien who— subsection (a)(1)(D) for an individual whose under section 245 of the Immigration and Na- (1) is the beneficiary of a petition filed application for adjustment of status pursu- tionality Act; or under section 204(a) for a preference status ant to section 245 has been filed and re- (2) aliens subject to removal proceedings under paragraph (1), (2), or (3) of section mained unadjudicated for 180 days or more under section 240 of such Act. 203(b); and shall remain valid with respect to a new job (f) LIMITATION ON JUDICIAL REVIEW.—A de- (2) is eligible to be granted that status but if the individual changes jobs or employers if termination by the Attorney General as to for application of the per country limita- the new job is in the same or a similar occu- whether the status of any alien should be ad- tions applicable to immigrants under those pational classification as the job for which justed under this section is final and shall paragraphs, the petition was filed.’’. not be subject to review by any court. may apply for, and the Attorney General (2) Section 212(a)(5)(A) of the Immigration (g) NO OFFSET IN NUMBER OF VISAS AVAIL- may grant, an extension of such non- and Nationality Act (8 U.S.C. 1182(a)(5)(A)) is ABLE.—Whenever an alien is granted the sta- immigrant status until the alien’s applica- amended by adding at the end the following tus of having been lawfully admitted for per- tion for adjustment of status has been proc- new clause: manent residence pursuant to this section, essed and a decision made thereon. ‘‘(iv) LONG DELAYED ADJUSTMENT APPLI- the Secretary of State shall not be required SEC. ll402. INCREASED PORTABILITY OF H–1B CANTS.—A certification made under clause (i) to reduce the number of immigrant visas au- STATUS. with respect to an individual whose petition thorized to be issued under any provision of (a) IN GENERAL.—Section 214 of the Immi- is covered by section 204(j) shall remain valid the Immigration and Nationality Act. gration and Nationality Act (8 U.S.C. 1184) is with respect to a new job accepted by the in- (h) APPLICATION OF IMMIGRATION AND NA- amended by adding at the end the following dividual after the individual changes jobs or TIONALITY ACT PROVISIONS.—Except as other- new subsection: employers if the new job is in the same or a wise specifically provided in this title, the ‘‘(m)(1) A nonimmigrant alien described in similar occupational classification as the job definitions contained in the Immigration paragraph (2) who was previously issued a for which the certification was issued.’’. and Nationality Act shall apply in the ad- visa or otherwise provided nonimmigrant (d) RECAPTURE OF UNUSED EMPLOYMENT- ministration of this section. Nothing con- status under section 101(a)(15)(H)(i)(b) is au- BASED IMMIGRANT VISAS.— tained in this title shall be held to repeal, thorized to accept new employment upon the (1) IN GENERAL.—Notwithstanding any amend, alter, modify, effect, or restrict the filing by the prospective employer of a new other provision of law, the number of em- powers, duties, function, or authority of the petition on behalf of such nonimmigrant as ployment-based visas (as defined in para- Attorney General in the administration and provided under subsection (a). Employment graph (3)) made available for a fiscal year enforcement of such Act or any other law re- authorization shall continue for such alien (beginning with fiscal year 2001) shall be in- lating to immigration, nationality, or natu- until the new petition is adjudicated. If the creased by the number described in para- ralization. The fact that an alien may be eli- new petition is denied, such authorization graph (2). Visas made available under this gible to be granted the status of having been shall cease. subsection shall only be available in a fiscal lawfully admitted for permanent residence ‘‘(2) A nonimmigrant alien described in year to employment-based immigrants under under this section shall not preclude the this paragraph is a nonimmigrant alien— paragraph (1), (2), or (3) of section 203(b) of alien from seeking such status under any ‘‘(A) who has been lawfully admitted into the Immigration and Nationality Act. (2) NUMBER AVAILABLE.— other provision of law for which the alien the United States; may be eligible. (A) IN GENERAL.—Subject to subparagraph ‘‘(B) on whose behalf an employer has filed (B), the number described in this paragraph TITLE IV—INCREASED FLEXIBILITY IN a nonfrivolous petition for new employment is the difference between the number of em- EMPLOYMENT-BASED IMMIGRATION before the date of expiration of the period of ployment-based visas that were made avail- SEC. ll401. LIMITATION ON PER COUNTRY CEIL- stay authorized by the Attorney General; able in fiscal year 1999 and 2000 and the num- ING WITH RESPECT TO EMPLOY- and ber of such visas that were actually used in MENT-BASED IMMIGRANTS. ‘‘(C) who, subsequent to such lawful admis- such fiscal years. (a) SPECIAL RULES.—Section 202(a) of the sion, has not been employed without author- (B) REDUCTION.—The number described in Immigration and Nationality Act (8 U.S.C. ization in the United States before the filing subparagraph (A) shall be reduced, for each 1152(a)) is amended by adding at the end the of such petition.’’. fiscal year after fiscal year 2001, by the cu- following new paragraph: (b) EFFECTIVE DATE.—The amendment mulative number of immigrant visas made ‘‘(5) RULES FOR EMPLOYMENT-BASED IMMI- made by subsection (a) shall apply to peti- available under paragraph (1) for previous GRANTS.— tions filed before, on, or after the date of en- fiscal years. ‘‘(A) EMPLOYMENT-BASED IMMIGRANTS NOT actment of this Act. (C) CONSTRUCTION.—Nothing in this para- SUBJECT TO PER COUNTRY LIMITATION IF ADDI- SEC. ll403. SPECIAL PROVISIONS IN CASES OF graph shall be construed as affecting the ap- TIONAL VISAS AVAILABLE.—If the total num- LENGTHY ADJUDICATIONS. plication of section 201(c)(3)(C) of the Immi- ber of visas available under paragraph (1), (a) EXEMPTION FROM LIMITATION.—The lim- gration and Nationality Act (8 U.S.C. (2), (3), (4), or (5) of section 203(b) for a cal- itation contained in section 214(g)(4) of the 1151(c)(3)(C)). endar quarter exceeds the number of quali- Immigration and Nationality Act with re- (3) EMPLOYMENT-BASED VISAS DEFINED.—For fied immigrants who may otherwise be spect to the duration of authorized stay shall purposes of this subsection, the term ‘‘em- issued such visas, the visas made available not apply to any nonimmigrant alien pre- ployment-based visa’’ means an immigrant
VerDate Mar 15 2010 23:34 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00086 Fmt 4624 Sfmt 0634 E:\2000SENATE\S25MY0.REC S25MY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 25, 2000 CONGRESSIONAL RECORD — SENATE S4485 visa which is issued pursuant to the numer- wise acquire the status of an alien lawfully ‘‘(l)(1) The Attorney General may, in the ical limitation under section 203(b) of the admitted for permanent residence as a fam- Attorney General’s discretion, adjust the Immigration and Nationality Act (8 U.S.C. ily-sponsored immigrant described in section status of an alien under 18 years of age who 1153(b)). 203(a) of such Act (or who are admitted under has no lawful immigration status in the TITLE V—RESTORATION OF SECTION section 211(a) of such Act on the basis of a United States to that of an alien lawfully ad- 245(i) prior issuance of a visa to their accom- mitted for permanent residence if— panying parent under such section 203(a)) in ‘‘(A)(i) the alien (or a parent or legal SEC. 501. REMOVAL OF CERTAIN LIMITATIONS ON ELIGIBILITY FOR ADJUSTMENT OF any fiscal year is limited to— guardian acting on the alien’s behalf) has ap- STATUS UNDER SECTION 245(i). (1) the number provided for in section plied for the status; and 201(a)(1) of such Act, plus (a) IN GENERAL.—Section 245(i)(1) of the ‘‘(ii) the alien has resided in the United (2) 200,000 for fiscal year 2001 and each fis- Immigration and Nationality Act (8 U.S.C. States for a period of 5 consecutive years; or cal year thereafter. 1255(i)(1)) is amended by striking ‘‘(i)(1)’’ ‘‘(B)(i) no parent or legal guardian requests (b) PER COUNTRY LEVELS FOR FAMILY-SPON- through ‘‘The Attorney General’’ and insert- the alien’s return to the country of the par- SORED IMMIGRANTS.—(1) Notwithstanding ent’s or guardian’s domicile, or with respect ing the following: section 202(a)(2) of the Immigration and Na- ‘‘(i)(1) Notwithstanding the provisions of to whom the Attorney General finds that re- tionality Act, the total number of immi- subsections (a) and (c) of this section, an turning the child to his or her country of ori- grant visas made available to natives of any alien physically present in the United States gin would subject the child to mental or single foreign state or dependent area under who— physical abuse; and subsections (a) and (b) of section 203 of that ‘‘(A) entered the United States without in- ‘‘(ii) the Attorney General determines that Act in any fiscal year may not exceed the spection; or it is in the best interests of the alien to re- sum of— main in the United States notwithstanding ‘‘(B) is within one of the classes enumer- (A) the number specified in section ated in subsection (c) of this section; the fact that the alien is not eligible for asy- 202(a)(2) of that Act, plus lum protection under section 208 or protec- may apply to the Attorney General for the (B) the number computed under paragraph adjustment of his or her status to that of an tion under section 101(a)(27)(J). (2). ‘‘(2) The Attorney General shall make a de- alien lawfully admitted for permanent resi- (2) The number computed under this para- termination under paragraph (1)(B)(ii) based dence. The Attorney General’’. graph is— on input from a person or entity that is not (b) EFFECTIVE DATE.—The amendment (A) 33 percent of the number computed employed by or a part of the Service and made by subsection (a) shall be effective as if under section 202(a)(2) of that Act for each of that is qualified to evaluate children and included in the enactment of the Depart- fiscal years 2001, 2002, 2003, 2004, and 2005, or ments of Commerce, Justice, and State, the (B) 25 percent of the number computed opine as to what is in their best interest in Judiciary, and Related Agencies Appropria- under section 202(a)(2) for each fiscal year a given situation. tions Act, 1998 (Public Law 105–119; 111 Stat. thereafter. ‘‘(3) Upon the approval of adjustment of 2440). (c) AUTHORIZATION OF APPROPRIATIONS.—(1) status of an alien under paragraph (1), the Attorney General shall record the alien’s TITLE VI—REGISTRY DATES There are authorized to be appropriated to the Department of Justice and the Depart- lawful admission for permanent residence as SEC. 601. SHORT TITLE. ment of State such sums as may be nec- of the date of such approval, and the Sec- This title may be cited as the ‘‘Date of essary to provide for the additional visa retary of State shall reduce by one the num- Registry Act of 2000’’. issuances and admissions authorized under ber of visas authorized to be issued under SEC. 602. RECORD OF ADMISSION FOR PERMA- subsection (a). sections 201(d) and 203(b)(4) for the fiscal NENT RESIDENCE IN THE CASE OF (2) There are authorized to be appropriated year then current. CERTAIN ALIENS. to the Department of Justice such sums as ‘‘(4) Not more than 500 aliens may be (a) IN GENERAL.—Section 249 of the Immi- may be necessary to process backlog adju- granted permanent resident status under gration and Nationality Act (8 U.S.C. 1259) is dications of the Immigration and Naturaliza- this subsection in any fiscal year.’’. amended— tion Service. SEC. 804. ASSIGNMENT OF GUARDIANS AD LITEM (1) in subsection (a), by striking ‘‘January TO ALIEN CHILDREN. 1, 1972’’ and inserting ‘‘January 1, 1986’’; and TITLE VIII—ALIEN CHILDREN PROTECTION (a) ASSIGNMENT.—Whenever a covered alien (2) by striking ‘‘JANUARY 1, 1972’’ in the is a party to an immigration proceeding, the heading and inserting ‘‘JANUARY 1, 1986’’. SEC. 801. SHORT TITLE. Attorney General shall assign such covered This Act may be cited as the ‘‘Alien Chil- (b) EFFECTIVE DATES.— alien a child welfare professional or other in- dren Protection Act of 2000’’. (1) GENERAL RULE.—The amendments made dividual who has received training in child by subsection (a) shall take effect on the SEC. 802. USE OF APPROPRIATE FACILITIES FOR welfare matters and who is recognized by the date of enactment of this Act. THE DETENTION OF ALIEN CHIL- Attorney General as being qualified to serve DREN. (2) EXTENSION OF DATE OF REGISTRY.— as a guardian ad litem (in this section re- (A) PERIOD BEGINNING JANUARY 1, 2002.—Be- (a) IN GENERAL.—Except as provided in subsection (b), in the case of any alien under ferred to as the ‘‘guardian’’). The guardian ginning on January 1, 2002, section 249 of the shall not be an employee of the Immigration Immigration and Nationality Act (8 U.S.C. 18 years of age who is awaiting final adju- dication of the alien’s immigration status and Naturalization Service. 1259) is amended by striking ‘‘January 1, (b) RESPONSIBILITIES.—The guardian shall 1986’’ each place it appears and inserting and who does not have a parent, guardian, or relative in the United States into whose cus- ensure that— ‘‘January 1, 1987’’. (1) the covered alien’s best interests are (B) PERIOD BEGINNING JANUARY 1, 2003.—Be- tody the alien may be released, the Attorney General shall place such alien in a facility promoted while the covered alien partici- ginning on January 1, 2003, section 249 of pates in, or is subject to, the immigration such Act is amended by striking ‘‘January 1, appropriate for children not later than 72 hours after the Attorney General has taken proceeding; and 1987’’ each place it appears and inserting (2) the covered alien understands the pro- ‘‘January 1, 1988’’. custody of the alien. (b) EXCEPTION.—The provisions of sub- ceeding. (C) PERIOD BEGINNING JANUARY 1, 2004.—Be- (c) REQUIREMENTS ON THE ATTORNEY GEN- ginning on January 1, 2004, section 249 of section (a) do not apply to any alien under 18 years of age who the Attorney General finds ERAL.—The Attorney General shall serve no- such Act is amended by striking ‘‘January 1, tice of all matters affecting a covered alien’s 1988’’ each place it appears and inserting has engaged in delinquent behavior, is an es- cape risk, or has a security need greater immigration status (including all papers ‘‘January 1, 1989’’. filed in an immigration proceeding) on the (D) PERIOD BEGINNING JANUARY 1, 2005.—Be- than that provided in a facility appropriate for children. covered alien’s guardian. ginning on January 1, 2005, section 249 of (d) DEFINITION.—In this section, the term such Act is amended by striking ‘‘January 1, (c) DEFINITION.—In this section, the term ‘‘facility appropriate for children’’ means a ‘‘covered alien’’ means an alien— 1989’’ each place it appears and inserting (1) who is under 18 years of age; ‘‘January 1, 1990’’. facility, such as foster care or group homes, operated by a private nonprofit organization, (2) who has no lawful immigration status (E) PERIOD BEGINNING JANUARY 1, 2006.—Be- or by a local governmental entity, with expe- in the United States and is not within the ginning on January 1, 2006, section 249 of physical custody of a parent or legal guard- such Act is amended by striking ‘‘January 1, rience and expertise in providing for the legal, psychological, educational, physical, ian; and 1990’’ each place it appears and inserting (3) whom no parent or legal guardian re- ‘‘January 1, 1991’’. social, nutritional, and health requirements of children. The term ‘‘facility appropriate quests the person’s return to the country of TITLE VII—BACKLOG REDUCTION FOR for children’’ does not include any facility the parent’s or guardian’s domicile or with FAMILY-SPONSORED IMMIGRANTS used primarily to house adults or delinquent respect to whom the Attorney General finds SEC. 701. FAMILY BACKLOG REDUCTION. minors. that returning the child to his or her coun- (a) WORLDWIDE LEVEL OF FAMILY-SPON- SEC. 803. ADJUSTMENT TO PERMANENT RESI- try of origin would subject the child to phys- SORED IMMIGRANTS.—Notwithstanding sec- DENT STATUS. ical or mental abuse. tion 201(a)(1) of the Immigration and Nation- Section 245 of the Immigration and Nation- SEC. 805. SENSE OF CONGRESS. ality Act, the number of aliens who may be ality Act (8 U.S.C. 1255) is amended by add- Congress commends the Immigration and issued immigrant visas or who may other- ing at the end the following: Naturalization Service for its issuance of its
VerDate Mar 15 2010 23:34 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00087 Fmt 4624 Sfmt 0634 E:\2000SENATE\S25MY0.REC S25MY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4486 CONGRESSIONAL RECORD — SENATE May 25, 2000 ‘‘Guidelines for Children’s Asylum Claims’’, SEC. 903. OPTIONAL ELIGIBILITY OF IMMIGRANT 6. 1986 Registry Date: updates the current dated December 1998, and encourages and CHILDREN FOR SCHIP. registry date from 1972 to 1986 that allows supports the Service’s implementation of (a) IN GENERAL.—Section 405 of the Per- adjustment of status to all persons of good such guidelines in an effort to facilitate the sonal Responsibility and Work Opportunity character who have resided in the United handling of children’s asylum claims. Reconciliation Act of 1996, as added by sec- States prior to 1986. The registry date would SEC. 806. GENERAL ACCOUNTING OFFICE RE- tion 102(a), is further amended— be moved up one year each for the next five PORT. (1) in the heading, by inserting ‘‘AND years to 1991 in FY 2006. The Comptroller General of the United SCHIP’’ before the period; and 7. Backlog reduction for family-sponsored States shall prepare a report to Congress re- Under that section may apply for that status immigrants: would provide additional visas garding whether and to what extent United through the date that is one year after the for family members of citizens and perma- States Embassy and consular officials are date of promulgation by the Attorney Gen- nent residents to reduce backlogs in the fam- fulfilling their obligation to reunify, on a eral of final regulations for the implementa- ily-based immigration categories: 250,000 ad- priority basis, children in foreign countries tion of that section. ditional visas for three years, 200,000 for two whose parent or parents are legally present TITLE X—ADMISSION OF SPOUSES AND years and 150,000 permanently; per country in the United States. CHILDREN OF CERTAIN NONIMMIGRANTS ceilings are raised proportionately. 8. Alien Child Protection Act: provides un- TITLE IX—BENEFITS RESTORATION SEC. 1001. ADMISSION OF CERTAIN ‘‘B’’ AND ‘‘F’’ accompanied or orphaned children in the ju- SEC. 901. SHORT TITLE. VISA NONIMMIGRANTS WHO ARE risdiction of the INS with several protec- SPOUSES OR CHILDREN OF UNITED This title may be cited as the ‘‘Immigrant tions. Among other things, it states that if a Children’s Health Improvement Act of 2000’’. STATES PERMANENT RESIDENT ALIENS. child is detained, it must be in a child-appro- SEC. 902. OPTIONAL ELIGIBILITY OF CERTAIN Section 212 of the Immigration and Nation- priate facility. They can have access to a ALIEN PREGNANT WOMEN AND guardian ad litem or similar advocate to CHILDREN FOR MEDICAID. ality Act (8 U.S.C. 1182) is amended by add- ing at the end thereof the following new sub- navigate through the immigration process. (a) IN GENERAL.—Subtitle A of title IV of 9. Benefits Restoration: restores modest section: the Personal Responsibility and Work Oppor- benefits for legal immigrants, including op- ‘‘(r)(1) Notwithstanding any other provi- tunity Reconciliation Act of 1996 (8 U.S.C. tional eligibility of certain immigrants for sion of law, no alien— 1611–1614) is amended by adding at the end Medicaid and optional eligibility of immi- ‘‘(A) who is— the following: grant children for SCHIP programs (state ‘‘(i) the spouse or child of an alien lawfully ‘‘SEC. 405. OPTIONAL ELIGIBILITY OF CERTAIN child health plans). States would be given admitted for permanent residence to the ALIENS FOR MEDICAID. the option to provide Medicaid to all chil- United States; and ‘‘(a) OPTIONAL MEDICAID ELIGIBILITY FOR dren and pregnant women who are lawfully ‘‘(ii) not eligible to enter the United States CERTAIN ALIENS.—A State may elect to residing in the US, regardless of when they as an immigrant except by reason of being waive (through an amendment to its State arrived. Pregnant women would remain eli- such a spouse or child; and plan under title XIX of the Social Security gible during the first 60 days after their preg- ‘‘(B) who seeks admission to the United Act) the application of sections 401(a), 402(b), nancy. If a state elects the Medicaid option, States for purposes of visiting the permanent 403, and 421 with respect to eligibility for it may also provide all lawfully present chil- medical assistance under the program de- resident spouse or parent or for studying in dren access to this CHIP (state child health fined in section 402(b)(3)(C) (relating to the the United States; and plan) program. Immigrant sponsors would medicaid program) of aliens who are lawfully ‘‘(C) who is otherwise qualified; not be required to pay back assistance pro- may be denied issuance of a visa, or may be residing in the United States (including bat- vided to children or pregnant women. tered aliens described in section 431(c)), denied admission to the United States, as a 10. Admission of spouses and children of within any or all (or any combination) of the nonimmigrant alien described in section certain nonimmigrants: would allow spouses following categories of individuals: 101(a)(15)(B) who is coming to the United and children of permanent residents who ‘‘(1) PREGNANT WOMEN.—Women during States temporarily for pleasure or as a non- have green card applications pending to pregnancy (and during the 60-day period be- immigrant alien described in section enter the US with nonimmigrant student ginning on the last day of the pregnancy). 101(a)(15)(F). and/or visitor visas. Hundreds of thousands ‘‘(2) CHILDREN.—Children (as defined under ‘‘(2) Whenever an alien described in para- can’t get nonimmigrant student and/or vis- such plan), including optional targeted low- graph (1) seeks admission to the United itor visas now because of State Department income children described in section States as a nonimmigrant alien described in interpretations that if you have a green card 1905(u)(2)(B).’’. section 101(a)(15)(B) who is coming tempo- application pending you are presumed likely (b) APPLICABILITY OF AFFIDAVITS OF SUP- rarily for pleasure or as a nonimmigrant to overstay a temporary visa to visit the US PORT.—Section 213A(a) of the Immigration alien described in section 101(a)(15)(F), the on a limited basis. and Nationality Act (8 U.S.C. 1183a(a)) is fact that a petition has been filed on the amended by adding at the end the following: alien’s behalf for classification of the alien MAY 16, 2000. ‘‘(4) INAPPLICABILITY TO BENEFITS PROVIDED as an alien lawfully admitted for permanent DEAR MEMBERS OF CONGRESS. Today, as UNDER A STATE WAIVER.—For purposes of this residence shall not constitute evidence of the throughout American history, immigrants section, the term ‘means-tested public bene- alien’s intention to abandon his or her for- have proven essential to the economic, polit- fits’ does not include benefits provided pur- eign residence.’’. ical and social development of our nation. suant to a State election and waiver de- Immigrants make important contributions scribed in section 405 of the Personal Respon- THE FAMILY, WORK AND IMMIGRANT consistent with America’s fundamental val- sibility and Work Opportunity Reconcili- INTEGRATION AMENDMENTS OF 2000—SUMMARY ues of family, work, justice and community. ation Act of 1996.’’. 1. Central American and Haitian Parity: It is important that our immigration poli- (c) CONFORMING AMENDMENTS.— cies reflect these values and ensure that all provides for adjustment of status for Salva- (1) Section 401(a) of the Personal Responsi- persons enjoy equal protection and due proc- dorans, Guatemalans, Hondurans and Hai- bility and Work Opportunity Reconciliation ess under the Constitution and laws of the tians on the same terms as that extended to Act of 1996 (8 U.S.C. 1611(a)) is amended by land. Our immigration policies should also Cubans and Nicaraguans in 1997 under inserting ‘‘and section 405’’ after ‘‘subsection be responsive to economic needs and ensure (b)’’. NACARA. appropriate protections and opportunities 2. Extension of filing deadlines for applica- (2) Section 402(b)(1) of the Personal Re- for citizens and immigrants. sponsibility and Work Opportunity Rec- tions for adjustment of status of certain Immigration reforms consistent with onciliation Act of 1996 (8 U.S.C. 1612(b)(1)) is Cuban, Nicaraguan, and Haitian nationals: American values and economic needs should amended by inserting ‘‘, section 405,’’ after extends the deadline to apply for adjustment be a high priority on the national agenda ‘‘403’’. of status by one year after the date of this year. (3) Section 403(a) of such Act (8 U.S.C. issuance of final NACARA regulations. Currently, there is wide support in Con- 1613(a)) is amended by inserting ‘‘section 405 3. Liberian Refugee Immigration Fairness: gress for immigration reforms to address the and’’ after ‘‘provided in’’. allows Liberian refugees who have been con- need to better educate and train citizens and (4) Section 421(a) of such Act (8 U.S.C. tinuously present in the US to apply for ad- lawful immigrants now here, and to increase 1631(a)) is amended by inserting ‘‘except as justment of status. the number of H–B visas to admit more high- provided in section 405,’’ after ‘‘Notwith- 4. Increased Flexibility in Employment- ly-skilled immigrants so as to meet the eco- standing any other provision of law,’’. Based Immigration: eliminates per country nomic needs of certain industries experi- (5) Section 1903(v)(1) of the Social Security limitation if additional visas are available, encing shortages of workers with these Act (42 U.S.C. 1396b(v)(1)) is amended by in- increases portability of H–1B visas, encour- skills. While we may differ on specific provi- serting ‘‘and except as permitted under a ages swifter adjudication of petitions, and al- sions of proposed bills, we agree that appro- waiver described in section 405(a) of the Per- lows unused visas from one year to be used priate skilled immigrant admissions con- sonal Responsibility and Work Opportunity the following year. tribute to economic growth and job creation. Reconciliation Act of 1996,’’ after ‘‘paragraph 5. Restoration of Section 245(i): restores The undersigned further believe that, in (2),’’. the provision permitting those who are out addition to proposals on high skilled visas, (d) EFFECTIVE DATE.—The amendments of status but otherwise eligible for perma- the following issues regarding persons al- made by this section take effect on October nent residence to adjust their status in the ready in the United States or awaiting fam- 1, 1999. United States by paying a fine. ily reunification also warrant congressional
VerDate Mar 15 2010 23:34 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00088 Fmt 4624 Sfmt 0634 E:\2000SENATE\S25MY0.REC S25MY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 25, 2000 CONGRESSIONAL RECORD — SENATE S4487
action as early as possible: 1) allow Salva- Southeast Asian Resource Action Center, S. 1419 dorans, Guatemalans, Hondurans and Hai- Ka Ying Yang, Executive Director At the request of Mr. SANTORUM, his tians to apply for adjustment of status on William C. Velasquez Institute, Antonio name was added as a cosponsor of S. the same terms as already provided to Cu- Gonzalez, President 1419, a bill to amend title 36, United bans and Nicaraguans in 1997; 2) allow ad- LOCAL ORGANIZATIONS States Code, to designate May as ‘‘Na- justment of status to all persons of good Centro Presente, M. Elena Letona, Execu- character who have resided in the United tional Military Appreciation Month’’. tive Director S. 1464 States and established ties to American Centro Romero, Daisy Funes, Executive communities; 3) restore the provision per- Director At the request of Mr. HAGEL, the mitting those who are out of status but oth- Haitian American Grassroots Coalition, name of the Senator from Florida (Mr. erwise eligible for permanent residence to Jean-Robert Lafortune, Chairman MACK) was added as a cosponsor of S. adjust their status in the United States; 4) Heartland Alliance for Human Needs & 1464, a bill to amend the Federal Food, reunite families by establishing a program Human Rights, Sid Mohn, President Drug, and Cosmetic Act to establish to provide additional visas for family mem- Immigrant Legal Resource Center, Mark certain requirements regarding the bers of citizens and permanent residents so Silverman Food Quality Protection Act of 1996, as to reduce unacceptable backlogs and help Jewish Community Federation of San and for other purposes. stabilize the workforce. Francisco, the Peninsula, Marin and Sonoma Other immigration reforms also deserve Counties, Wayne Feinstein, Executive Vice S. 1562 congressional action, which will be addressed President At the request of Mr. NICKLES, the in further correspondence. We believe that Los Angeles County Federation of Labor, name of the Senator from Washington there is a broad consensus now that Congress Miguel Contreras, Executive Secretary (Mr. GORTON) was added as a cosponsor should enact the proposals noted above on a Treasurer of S. 1562, a bill to amend the Internal priority basis in the national interest. New York Association for New Americans, Revenue Code of 1986 to classify certain Sincerely, Mark Handelman, Executive Vice President franchise operation property as 15-year INDIVIDUALS New York Immigration Coalition, Margie McHugh, Executive Director∑ depreciable property. HENRY CISNEROS. S. 1706 RICHARD GILDER. f At the request of Mrs. HUTCHISON, the BILL ONG HING. ADDITIONAL COSPONSORS name of the Senator from Iowa (Mr. JACK KEMP. RICK SWARTZ. S. 662 GRASSLEY) was added as a cosponsor of S. 1706, a bill to amend the Federal NATIONAL ORGANIZATIONS At the request of Mr. L. CHAFEE, the Water Pollution Control Act to exclude Americans for Tax Reform, Grover names of the Senator from Indiana Norquist, President (Mr. LUGAR) and the Senator from New from stormwater regulation certain Center for Equal Opportunity, Linda Cha- Hampshire (Mr. SMITH) were added as areas and activities, and to improve vez, President cosponsors of S. 662, a bill to amend the regulation and limit the liability of Club for Growth, Steve Moore, President title XIX of the Social Security Act to local governments concerning co-per- Empower America, J.T. Taylor, President provide medical assistance for certain mitting and the implementation of Hotel Employees and Restaurant Employ- control measures. ees Union, John Wilhelm, President women screened and found to have S. 1851 Service Employees International Union, breast or cervical cancer under a feder- Andrew Stern, President ally funded screening program. At the request of Mr. CAMPBELL, the United Farm Workers of America, AFL– S. 763 names of the Senator from Utah (Mr. ATCH CIO, Arturo Rodriguez, President At the request of Mr. THURMOND, the H ) and the Senator from Hawaii Union of Needletrades and Industrial Tex- names of the Senator from Hawaii (Mr. (Mr. INOUYE) were added as cosponsors tile Employees (UNITE), Jay Mazur, Presi- of S. 1851, a bill to amend the Elemen- INOUYE) and the Senator from Con- dent tary and Secondary Education Act of American Immigration Lawyers Associa- necticut (Mr. DODD) were added as co- sponsors of S. 763, a bill to amend title 1965 to ensure that seniors are given an tion, Jeanne Butterfield, Executive Director opportunity to serve as mentors, tu- Arab American Institute, James Zogby, 10, United States Code, to increase the tors, and volunteers for certain pro- President minimum Survivor Benefit Plan basic grams. Dominican American National Roundtable, annuity for surviving spouses age 62 Victor Capellan, President and older, and for other purposes. S. 1874 Haitian American Foundation, Inc., Leonie At the request of Mr. GRAHAM, the S. 1145 Hermantin, Executive Director name of the Senator from Minnesota At the request of Mr. HATCH, the Immigrant Support Network, Shailesh (Mr. WELLSTONE) was added as a co- Gala, President name of the Senator from Indiana (Mr. sponsor of S. 1874, a bill to improve Lutheran Immigration and Refugee Serv- BAYH) was added as a cosponsor of S. academic and social outcomes for ices, Ralston Deffenbaugh, President 1145, a bill to provide for the appoint- U.S. Catholic Conference/Migration and youth and reduce both juvenile crime ment of additional Federal circuit and and the risk that youth will become Refugee Services, Most Reverend Bishop district judges, and for other purposes. Nicholas DiMarzio, Chairman, National Con- victims of crime by providing produc- ference of Catholic Bishops’ Committee on S. 1196 tive activities conducted by law en- Migration At the request of Mr. COVERDELL, the forcement personnel during non-school National Asian Pacific American Legal name of the Senator from Connecticut hours. Consortium, Karen Narasaki, Executive Di- (Mr. DODD) was added as a cosponsor of S. 1940 rector S. 1196, a bill to improve the quality, At the request of Mr. LEAHY, the National Association of Latino Elected and timeliness, and credibility of forensic Appointed Officials, Arturo Vargas, Execu- name of the Senator from Illinois (Mr. tive Director science services for criminal justice DURBIN) was added as a cosponsor of S. National Coalition for Haitian Rights, purposes. 1940, a bill to amend the Immigration Jocelyn McCalla, Executive Director S. 1364 and Nationality Act to reaffirm the National Council of La Raza, Raul At the request of Mr. BAYH, the name United States’ historic commitment to Yzaguirre, President of the Senator from Vermont (Mr. JEF- protecting refugees who are fleeing National Farm Worker Ministry, Virginia FORDS) was added as a cosponsor of S. persecution or torture. Nesmith, Executive Director National Immigration Forum, Frank 1364, a bill to amend title IV of the So- S. 2005 Sharry, Executive Director cial Security Act to increase public At the request of Mr. BURNS, the National Immigration Law Center, Susan awareness regarding the benefits of name of the Senator from Arkansas Drake, Executive Director lasting and stable marriages and com- (Mrs. LINCOLN) was added as a cospon- National Puerto Rican Coalition, Manuel munity involvement in the promotion sor of S. 2005, a bill to repeal the modi- Mirabal, President/CEO of marriage and fatherhood issues, to fication of the installment method. New America Alliance, Tom Castro, Presi- provide greater flexibility in the Wel- S. 2007 dent Polish American Congress, Edward Moskal, fare-to-Work grant program for long- At the request of Mr. CONRAD, the President term welfare recipients and low income name of the Senator from North Da- Salvadoran American National Network, custodial and noncustodial parents, kota (Mr. DORGAN) was added as a co- Oscar Chacon, President and for other purposes. sponsor of S. 2007, a bill to amend title
VerDate Mar 15 2010 23:34 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00089 Fmt 4624 Sfmt 0634 E:\2000SENATE\S25MY0.REC S25MY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4488 CONGRESSIONAL RECORD — SENATE May 25, 2000 38, United States Code, to improve pro- children with the opportunity to pur- BENNETT) was added as a cosponsor of cedures relating to the scheduling of chase coverage under the medicaid pro- S. 2459, a bill to provide for the award appointments for certain non-emer- gram for such children. of a gold medal on behalf of the Con- gency medical services from the De- S. 2298 gress to former President Ronald partment of Veterans Affairs, and for At the request of Mr. JEFFORDS, the Reagan and his wife Nancy Reagan in other purposes. name of the Senator from Maine (Ms. recognition of their service to the Na- S. 2018 SNOWE) was added as a cosponsor of S. tion. At the request of Mrs. HUTCHISON, the 2298, a bill to amend title XVIII of the S. 2476 names of the Senator from Montana Social Security Act to clarify the defi- At the request of Mr. BURNS, the (Mr. BURNS), the Senator from Mary- nition of homebound with respect to name of the Senator from North Da- land (Mr. SARBANES), and the Senator home health services under the medi- kota (Mr. CONRAD), was added as a co- care program. from Hawaii (Mr. INOUYE) were added sponsor of S. 2476, a bill to amend the as cosponsors of S. 2018, a bill to amend S. 2299 Communications Act of 1934 in order to title XVIII of the Social Security Act At the request of Mr. L. CHAFEE, the prohibit any regulatory impediments to revise the update factor used in names of the Senator from Oregon (Mr. to completely and accurately fulfilling making payments to PPS hospitals SMITH) and the Senator from Arkansas the sufficiency of support mandates of under the medicare program. (Mrs. LINCOLN) were added as cospon- the national statutory policy of uni- sors of S. 2299, a bill to amend title XIX versal service, and for other purposes. S. 2077 of the Social Security Act to continue S. 2557 At the request of Mr. SANTORUM, the State Medicaid disproportionate share At the request of Mr. MURKOWSKI, the name of the Senator from Connecticut hospital (DSH) allotments for fiscal names of the Senator from Idaho (Mr. (Mr. LIEBERMAN) was added as a co- year 2001 at the levels for fiscal year CRAIG), the Senator from Colorado (Mr. sponsor of S. 2077, a bill to amend the 2000. ALLARD), and the Senator from Texas Internal Revenue Code of 1986 to allow S. 2344 nonitemizers a deduction for a portion (Mrs. HUTCHISON) were added as cospon- At the request of Mr. BROWNBACK, the sors of S. 2557, a bill to protect the en- of their charitable contributions. name of the Senator from Montana ergy security of the United States and S. 2084 (Mr. BAUCUS) was added as a cosponsor decrease America’s dependency on for- At the request of Mr. LUGAR, the of S. 2344, a bill to amend the Internal eign oil sources to 50 percent by the name of the Senator from Indiana (Mr. Revenue Code of 1986 to treat payments Year 2010 by enhancing the use of re- BAYH) was added as a cosponsor of S. under the Conservation Reserve Pro- newable energy resources, conserving 2084, a bill to amend the Internal Rev- gram as rentals from real estate. energy resources, improving energy ef- enue Code of 1986 to increase the S 2365 . ficiencies, and increasing domestic en- amount of the charitable deduction al- At the request of Ms. COLLINS, the ergy supplies, mitigating the effect of lowable for contributions of food inven- name of the Senator from Oregon (Mr. increases in energy prices on the Amer- tory, and for other purposes. SMITH) was added as a cosponsor of S. ican consumer, including the poor and 2365, a bill to amend title XVIII of the S. 2123 the elderly, and for other purposes. ANDRIEU Social Security Act to eliminate the 15 At the request of Ms. L , the S. 2589 name of the Senator from Michigan percent reduction in payment rates under the prospective payment system At the request of Mr. JOHNSON, the (Mr. ABRAHAM) was added as a cospon- names of the Senator from North Da- sor of S. 2123, a bill to provide Outer for home health services. kota (Mr. CONRAD) and the Senator Continental Shelf Impact assistance to S. 2386 from Wisconsin (Mr. FEINGOLD) were State and local governments, to amend At the request of Mrs. FEINSTEIN, the names of the Senator from Wyoming added as cosponsors of S. 2589, a bill to the Land and Water Conservation Fund amend the Federal Deposit Insurance (Mr. ENZI) and the Senator from Ohio Act of 1965, the Urban Park and Recre- Act to require periodic cost of living (Mr. DEWINE) were added as cosponsors ation Recovery Act of 1978, and the adjustments to the maximum amount Federal Aid in Wildlife Restoration Act of S. 2386, a bill to extend the Stamp Out Breast Cancer Act. of deposit insurance available under (commonly referred to as the Pittman- that Act, and for other purposes. Robertson Act) to establish a fund to S. 2403 S. 2609 meet the outdoor conservation and At the request of Mr. BAYH, the name At the request of Mr. CRAIG, the recreation needs of the American peo- of the Senator from Michigan (Mr. name of the Senator from Wyoming ple, and for other purposes. LEVIN) was added as a cosponsor of S. 2403, to amend the Internal Revenue (Mr. ENZI) was added as a cosponsor of S. 2231 Code of 1986 to reduce the marriage S. 2609, a bill to amend the Pittman- At the request of Mr. COVERDELL, the penalty by providing a nonrefundable Robertson Wildlife Restoration Act and name of the Senator from Missouri marriage credit and adjustment to the the Dingell-Johnson Sport Fish Res- (Mr. BOND) was added as a cosponsor of earned income credit. toration Act to enhance the funds S. 2231, a bill to provide for the place- S. 2408 available for grants to States for fish ment at the Lincoln Memorial of a At the request of Mr. BINGAMAN, the and wildlife conservation projects, and plaque commemorating the speech of name of the Senator from Kentucky to increase opportunities for rec- Martin Luther King, Jr., known as the (Mr. BUNNING) was added as a cosponsor reational hunting, bow hunting, trap- ‘‘I Have A Dream’’ speech. of S. 2408, a bill to authorize the Presi- ping, archery, and fishing, by elimi- S. 2260 dent to award a gold medal on behalf of nating chances for waste, fraud, abuse, At the request of Mr. COVERDELL, the the Congress to the Navajo Code Talk- maladministration, and unauthorized name of the Senator from Georgia (Mr. ers in recognition of their contribu- expenditures for administration and CLELAND) was added as a cosponsor of tions to the Nation. implementation of those Acts, and for S. 2260, a bill to allow property owners S. 2419 other purposes. to maintain existing structures de- At the request of Mr. JOHNSON, the S. 2610 signed for human habitation at Lake name of the Senator from North Da- At the request of Mr. HARKIN, the Sidney Lanier, Georgia. kota (Mr. DORGAN) was added as a co- name of the Senator from Washington S. 2274 sponsor of S. 2419, a bill to amend title (Mrs. MURRAY) was added as a cospon- At the request of Mr. GRASSLEY, the 38, United States Code, to provide for sor of S. 2610, a bill to amend title names of the Senator from Washington the annual determination of the rate of XVIII of the Social Security Act to im- (Mrs. MURRAY), the Senator from Ha- the basic benefit of active duty edu- prove the provision of items and serv- waii (Mr. INOUYE), and the Senator cational assistance under the Mont- ices provided to Medicare beneficiaries from Arkansas (Mrs. LINCOLN) were gomery GI Bill, and for other purposes. residing in rural areas. added as cosponsors of S. 2274, a bill to S. 2459 S. 2625 amend title XIX of the Social Security At the request of Mr. COVERDELL, the At the request of Ms. COLLINS, the Act to provide families and disabled name of the Senator from Utah (Mr. name of the Senator from Vermont
VerDate Mar 15 2010 23:34 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00090 Fmt 4624 Sfmt 0634 E:\2000SENATE\S25MY0.REC S25MY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 25, 2000 CONGRESSIONAL RECORD — SENATE S4489 (Mr. JEFFORDS) was added as a cospon- (now in Belarus), 6,311 in Miednoye (now in SENATE RESOLUTION 314—EX- sor of S. 2625, a bill to amend the Pub- Russia), and 3,820 in Kharkiv (now in PRESSING THE SENSE OF THE lic Health Service Act to revise the Ukraine); SENATE CONCERNING THE VIO- performance standards and certifi- Whereas the fate of approximately 7,000 LENCE, BREAKDOWN OF RULE cation process for organ procurement other victims remains unknown and their OF LAW, AND TROUBLED PRE- organizations. graves together with the graves of other vic- ELECTION PERIOD IN THE RE- S. 2629 tims of communism, are scattered around PUBLIC OF ZIMBABWE the territory of the former Soviet Union and At the request of Mr. HELMS, the Mr. MCCAIN submitted the following are now impossible to locate precisely; name of the Senator from North Caro- resolution; which was referred to the lina (Mr. EDWARDS) was added as a co- Whereas on April 13, 1943, the German Committee on Foreign Relations: army announced the discovery of the mas- sponsor of S. 2629, a bill to designate S. RES. 314 sive graves in the Katyn Forest, when that the facility of the United States Postal Whereas people around the world supported area was under Nazi occupation; Service located at 114 Ridge Street in the Republic of Zimbabwe’s quest for inde- Lenoir, North Carolina, as the ‘‘James Whereas on April 15, 1943, the Soviet Infor- pendence, majority rule, and the protection T. Broyhill Post Office Building.’’ mation Bureau disavowed the executions and of human rights and the rule of law; S. CON. RES. 57 attempted to cover up the Soviet Union’s re- Whereas Zimbabwe, at the time of inde- sponsibility for these executions by declar- pendence in 1980, showed bright prospects for At the request of Mr. LIEBERMAN, the democracy, economic development, and ra- names of the Senator from South Da- ing that these Polish captives had been en- gaged in construction work west of Smo- cial reconciliation; kota (Mr. JOHNSON), the Senator from lensk and had fallen into the hands of the Whereas the people of Zimbabwe are now Oklahoma (Mr. INHOFE), the Senator Germans, who executed them; suffering the destabilizing effects of a seri- from Virginia (Mr. WARNER), and the ous, government-sanctioned breakdown in Whereas on April 28–30, 1943, an inter- Senator from Maine (Ms. COLLINS) were the rule of law, which is critical to economic added as cosponsors of S. Con. Res. 57, national commission of 12 medical experts development as well as domestic tranquility; visited Katyn at the invitation of the Ger- a concurrent resolution concerning the Whereas a free and fair national ref- man government and later reported unani- erendum was held in Zimbabwe in February emancipation of the Iranian Baha’i mously that the Polish officers had been 2000 in which voters rejected proposed con- community. shot three years earlier when the Smolensk stitutional amendments to increase the S. CON. RES. 100 area was under Soviet administration; president’s authorities to expropriate land without payment; At the request of Mr. HAGEL, the Whereas until 1990 the Government of the names of the Senator from Idaho (Mr. Whereas the President of Zimbabwe has de- Soviet Union denied any responsibility for fied two high court decisions declaring land CRAIG) and the Senator from Texas the massacres and claimed to possess no in- seizures to be illegal; (Mr. GRAMM) were added as cosponsors formation about the fate of the missing Pol- Whereas previous land reform efforts have of S. Con. Res. 100, a concurrent resolu- ish victims; been ineffective largely due to corrupt prac- tion expressing support of Congress for Whereas on April 13, 1990, Soviet President tices and inefficiencies within the Govern- a National Moment of Remembrance to Mikhail Gorbachev acknowledged the Soviet ment of Zimbabwe; Whereas recent violence in Zimbabwe has be observed at 3:00 p.m. eastern stand- responsibility for the Katyn executions; ard time on each Memorial Day. resulted in several murders and brutal at- Whereas this admission confirmed the 1951– tacks on innocent individuals, including the S. RES. 266 52 extensive investigation by the United murder of farm workers and owners; At the request of Mr. SANTORUM, his States House of Representatives Select Com- Whereas violence has been directed toward name was added as a cosponsor of S. mittee to Conduct an Investigation and individuals of all races; Res. 266, a resolution designating the Study of the Facts, Evidence, and Cir- Whereas the ruling party and its sup- month of May every year for the next cumstances of the Katyn Forest Massacre porters have specifically directed violence at 5 years as ‘‘National Military Apprecia- and its Final Report (pursuant to House Res- democratic reform activists seeking to pre- pare for upcoming parliamentary elections; tion Month.’’ olution H.R. 390 and H.R. 539, 82d Congress); Whereas the offices of a leading inde- AMENDMENT NO. 3166 Whereas that committee’s final report of pendent newspaper in Zimbabwe have been At the request of Ms. MIKULSKI, the December 22, 1952, unanimously concluded bombed; name of the Senator from Wisconsin that ‘‘beyond any question of reasonable Whereas the Government of Zimbabwe has (Mr. KOHL) was added as a cosponsor of doubt, that the Soviet NKVD (People’s Com- not yet publicly condemned the recent vio- amendment No. 3166 proposed to S. missariat of Internal Affairs) committed the lence; mass murders of the Polish officers and in- Whereas President Mugabe’s statement 2603, an original bill making appropria- that thousands of law-abiding citizens are tions for the Legislative Branch for the tellectual leaders in the Katyn Forest near Smolensk’’ and that the Soviet Union ‘‘is di- enemies of the state has further incited vio- fiscal year ending September 30, 2001, lence; rectly responsible for the Katyn massacre’’; and for other purposes. Whereas 147 out of 150 members of the Par- and f liament in Zimbabwe (98 percent) belong to Whereas that report also concluded that the same political party; SENATE CONCURRENT RESOLU- ‘‘approximately 15,000 Polish prisoners were Whereas the unemployment rate in TION 118—COMMEMORATING THE interned in three Soviet camps: Kozielsk, Zimbabwe now exceeds 60 percent and polit- 60TH ANNIVERSARY OF THE EXE- Starobielsk, and Ostashkov in the winter of ical turmoil is on the brink of destroying CUTION OF POLISH CAPTIVES BY 1939–40’’ and, ‘‘with the exception of 400 pris- Zimbabwe’s economy; SOVIET AUTHORITIES IN APRIL oners, these men have not been heard from, Whereas the economy is being further dam- AND MAY 1940 seen, or found since the spring of 1940’’: Now, aged by the Government of Zimbabwe’s on- therefore, be it going involvement in the war in the Demo- Mr. HELMS (for himself, Ms. MIKUL- cratic Republic of the Congo; SKI, Mr. ROTH, and Mr. BIDEN) sub- Resolved by the Senate (the House of Rep- Whereas the United Nations Food and Ag- mitted the following concurrent resolu- resentatives concurring), That Congress here- ricultural Organization has issued a warning tion; which was referred to the com- by— that Zimbabwe faces a food emergency due (1) remembers and honors those Polish offi- mittee on Foreign Relations: to shortages caused by violence against cers, government officials, and civilians who farmers and farm workers; and S. CON. RES. 118 were murdered in April and May 1940 by the Whereas events in Zimbabwe could threat- Whereas 60 years ago, between April 3 and NKVD; en stability and economic development in the end of May 1940, more than 22,000 Polish (2) recognizes all those scholars, research- the entire region: Now, therefore, be it military officers, police officers, judges, ers, and writers from Poland, Russia, the Resolved, That the Senate— other government officials, and civilians United States and, elsewhere and, particu- (1) extends its support to the vast majority were executed by the Soviet secret police, larly, those who worked under Soviet and of citizens of the Republic of Zimbabwe who the NKVD; communist domination and who had the are committed to peace, economic pros- Whereas Joseph Stalin and other leaders of courage to tell the truth about the crimes perity, and an open, transparent parliamen- the Soviet Union, following meeting of the committed at Katyn, Miednoye, and tary election process; Soviet Politburo on March 5, 1940, signed the Kharkiv; and (2) strongly urges the Government of decision to execute these Polish captives; (3) urges all people to remember and honor Zimbabwe to enforce the rule of law and ful- Whereas 14,537 of these Polish victims have these and other victims of communism so fill its responsibility to protect the political been documented at 3 sites, 4,406 in Katyn that such crimes will never be repeated. and civil rights of all citizens;
VerDate Mar 15 2010 23:34 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00091 Fmt 4624 Sfmt 0634 E:\2000SENATE\S25MY0.REC S25MY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4490 CONGRESSIONAL RECORD — SENATE May 25, 2000 (3) supports those international efforts to the nation’s wealth. An internationally sponsoring an audit of Zimbabwe’s assist with land reform which are consistent agreed-upon process of land redistribu- voter registration rolls, training 3,000 with accepted principles of international law tion funded by Britain, the United domestic poll monitors, conducting and which take place after the holding of States, and other powers collapsed voter education and public opinion free and fair parliamentary elections; (4) condemns government-directed violence after it became clear that the only land polling, providing funding to support against farm workers, farmers, and opposi- redistribution Mugabe favored was that legal challenges to electoral conditions tion party members; which transferred white-owned farms inimical to a free and fair vote, spon- (5) encourages the local media, civil soci- intact to his political cronies. soring an election-related violence- ety, and all political parties to work to- As if economic collapse and politi- monitoring unit, and fielding a bipar- gether toward a campaign environment con- cally motivated race-baiting weren’t tisan international election observa- ducive to free, transparent and fair elections enough, Mugabe has dispatched 12,000 tion team to observe and report on the within the legally prescribed period; troops to fight in the civil war in the electoral process in Zimbabwe. Both (6) recommends international support for voter education, domestic and international Democratic Republic of Congo, at a IRI and its counterpart, the National election monitoring, and violence moni- cost of millions of dollars to his gov- Democratic Institute, have indicated toring activities; ernment, while an AIDS crisis and eco- that the conditions for credible demo- (7) urges the United States to continue to nomic stagnation grow. Independent cratic elections simply do not exist at monitor violence and condemn brutality observers cannot discern any tangible present. against law abiding citizens; Zimbabwean national interest in Congo In light of these grim pre-electoral (8) congratulates all the democratic reform that merits a costly troop deployment, assessments, and the heavy-handedness activists in Zimbabwe for their resolve to although such observers do note that of Mugabe’s rule in the period pre- bring about political change peacefully, even in the face of violence and intimidation; and Mugabe and his military allies have ceding the vote, I believe the Senate (9) desires a lasting, warm, and mutually profited handsomely from using the should clearly state its support for free beneficial relationship between the United mission to exploit Congo’s natural re- and transparent elections in Zimbabwe, States and a democratic, peaceful Zimbabwe. source base. the rule of law, appropriate inter- Mr. MCCAIN. Mr. President, Facing heavy domestic and inter- national assistance for a peaceful proc- Zimbabwe is in the midst of a political national pressure, Mugabe has finally ess of land reform, and the political ac- crisis that threatens its future, and scheduled elections for next month. tivists who brave Mugabe’s wrath in that is destabilizing its regional neigh- Based on its level of popular support, the name of democratic rule. My reso- bors. I believe the Senate should go on the beleaguered Movement for Demo- lution makes a series of findings con- record in support of Zimbabwe’s demo- cratic Change should do very well in cerning the violence, breakdown of rule cratic activists and against the author- the upcoming parliamentary elections, of law, and troubled pre-election period itarian tactics of President Robert assuming they are not stolen by in Zimbabwe. The resolution resolves Mugabe, whose campaign of state-di- Mugabe and his ZANU–PF. The current that the Senate: rected violence and intimidation rubber-stamp parliament, in which the (1) extends its support to the vast against opposition party members, ZANU–PF controls 147 of 150 seats, majority of citizens of the Republic of farmers, and farm workers are dev- would likely change hands, altering the Zimbabwe who are committed to peace, astating the nation he leads, impover- country’s course and hopefully rein- economic prosperity, and an open, ishing his people and tarnishing his stating the rule of law and the demo- transparent parliamentary election country’s prospects. cratic protections Zimbabwe’s people process; As my colleagues know, in February, deserve. Many observers believe, how- (2) strongly urges the Government of President Mugabe lost a referendum he ever, that only intense and sustained Zimbabwe to enforce the rule of law had called in expectation of victory to international pressure can prevent an and fulfill its responsibility to protect grant himself additional constitutional electoral outcome inconsistent with the political and civil rights of all citi- powers. This historic loss, coupled with the wishes of Zimbabwe’s voters. zens; the emergence of the opposition Move- The level of election-related violence (3) supports those international ef- ment for Democratic Change, signaled and intimidation against the opposi- forts to assist with land reform which that Mugabe’s days as President were tion is made clear by a May 22, 2000, are consistent with accepted principles numbered. International Republican Institute re- of international law and which take But after twenty years in power, port, from which I quote: place after the holding of free and fair hopes that Mugabe would go quietly The [Movement for Democratic Change] re- parliamentary elections; into the night after founding and pre- leased on May 10 a comprehensive report (4) condemns government-directed vi- siding over his nation for two decades documenting more than 5,000 acts of violence olence against farm workers, farmers, are demonstrably naive. Mugabe today and intimidation throughout the country in and opposition party members; is clearly doing everything in his power the past 10 weeks. At least 15 black MDC (5) encourages the local media, civil to avoid joining the tiny cadre of Afri- members and supporters, four white farmers, society, and all political parties to can leaders who have voluntarily and a policeman have been killed since the work together toward a campaign envi- transferred power following free and February constitutional referendum that marked ZANU–PF’s first defeat at the ballot ronment conducive to free, transparent fair elections. On the contrary: Mugabe box since taking power in 1980. At least 300 and fair elections within the legally has incited a racial crisis over property people have been driven from rural homes prescribed period; rights and sent his army to fight a war that have been wrecked or burned. Hundreds (6) recommends international support in which Zimbabwe has no stake, all in have been beaten and maimed. At least eight for voter education, domestic and the hopes of prolonging his hold on the women have been raped because of perceived international election monitoring, and power he apparently regards as his allegiance to opposition parties. In 92 per- violence monitoring activities; birthright. But the average cent of the cases, the perpetrators of the vio- (7) urges the United States to con- Zimbabwean, who is poorer by one- lence were either known supporters of the tinue to monitor violence and condemn ruling party or government employees. Of third than when Mugabe came to power the victims, 41 percent were MDC supporters brutality against law-abiding citizens; twenty years ago and who currently and 51 percent were black farm workers and (8) congratulates all the democratic suffers the effects of 50 percent unem- suspected MDC sympathizers. Most observers reform activists in Zimbabwe for their ployment and an inflation rate of 70 agree that land reform is not the real issue, resolve to bring about political change percent, would likely disagree with but is being used as a smokescreen to mask peacefully, even in the face of violence Mugabe’s assessment of the continuing government efforts to crush political opposi- and intimidation; and benefits of his rule. tion. (9) desires a lasting, warm, and mutu- President Mugabe has shamelessly The International Republican Insti- ally beneficial relationship between encouraged the squatter occupation of tute, which I chair, is deeply involved the United States and a democratic, Zimbabwe’s commercial farms for po- in pre-election security, training, and peaceful Zimbabwe. litical purposes. In doing so, he ac- registration and will play an important I hope my colleagues will join me in tively abandons the rule of law in favor monitoring role throughout expressing our strong support for the of mob rule, in the process destroying Zimbabwe’s electoral process. IRI is democratic rights and freedoms of the
VerDate Mar 15 2010 23:34 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00092 Fmt 4624 Sfmt 0634 E:\2000SENATE\S25MY0.REC S25MY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 25, 2000 CONGRESSIONAL RECORD — SENATE S4491 people of Zimbabwe. Their will, not the violent aftermath that has consumed Si- one of the most respected experts in the na- President Mugabe’s personal whims, erra Leone since May 1, 2000: Now, therefore, tion in the important field of Admiralty should determine their country’s be it Law; course. Democratic rule in neighboring Resolved, That it is the sense of the Sen- Whereas the reach of service by Judge ate that— Thomas to his country extended beyond his South Africa, Botswana, and Mozam- (1) the United States Government should courtroom to his community through his ac- bique has served those countries well. do all in its power to help ensure that the tive leadership as a founding trustee of the Zimbabwe’s citizens should be no less Revolutionary United Front and its leaders, Ashland Place Methodist Church in Mobile, fortunate. as well as other groups committing human Alabama, and to America’s youth through f rights abuses in Sierra Leone, are held ac- his efforts in support of the Boy Scouts of countable for the crimes and abuses com- America; SENATE RESOLUTION 315—EX- mitted against the people of Sierra Leone; Whereas Judge Thomas, a man who en- PRESSING THE SENSE OF THE (2) the United States Government should joyed the outdoors, being an accomplished SENATE REGARDING THE not condone, support, or be a party to, any fisherman and quail hunter, exhibited great CRIMES AND ABUSES COM- agreement that provides amnesty to those common sense, had a vibrant sense of humor, MITTED AGAINST THE PEOPLE responsible for the crimes and abuses in Si- and was extremely friendly and thoughtful of erra Leone; and others, thereby truly fitting the description OF SIERRA LEONE BY THE REV- (3) the United States Government should of a true ‘‘southern gentleman’’; OLUTIONARY UNITED FRONT, not provide incentives of any kind to re- Whereas Judge Thomas truly was a great AND FOR OTHER PURPOSES gional supporters of the Revolutionary judge whose life was the law, and who was Mr. HELMS (for himself, Mr. BIDEN, United Front until all support from them to loved and respected by members of the bar the Revolutionary United Front has ceased. and community to a degree seldom reached Mr. FRIST, and Mr. FEINGOLD) sub- and never surpassed; f mitted the following resolution; which Whereas Judge Thomas passed away at his was considered and agreed to: SENATE RESOLUTION 316—HON- home in Mobile, Alabama, on Thursday, S. RES. 315 ORING SENIOR JUDGE DANIEL H. April 13, 2000; Whereas more than 1,000,000 of Sierra THOMAS OF THE UNITED Whereas the members of the Senate extend Leone’s 5,200,000 population are internally our deepest sympathies to the wife of Judge STATES DISTRICT COURT FOR Thomas, Catherine Miller Thomas, his 2 displaced and more than 500,000 are refugees THE SOUTHERN DISTRICT OF as a direct result of the civil war in Sierra sons, Daniel H. Thomas, Jr. and Merrill P. Leone, at least 50,000 people have been killed ALABAMA Thomas, other family members, and a host during the civil war, untold numbers of peo- Mr. SESSIONS (for himself and Mr. of friends that he had across the country; and ple have been mutilated and disabled largely SHELBY) submitted the following reso- by the Revolutionary United Front, and Whereas in the example of Judge Daniel H. lution; which was considered and Thomas, the American people have an endur- more than 20,000 individuals, including many agreed to: children, are missing or have been kidnapped ing symbol of moral courage, judicial re- by the Revolutionary United Front; S. RES. 316 straint, and public service: Now, therefore, Whereas the Revolutionary United Front Whereas Daniel H. Thomas devoted his life be it continues to terrorize the population of Si- to the dedicated and principled service of his Resolved, That— erra Leone by mutilating their enemies and country, his State, and his community; (1) the Senate honors the memory of Judge innocent civilians, including women and Whereas Daniel H. Thomas, a native of Daniel H. Thomas for his exemplary service children, by chopping off their ears, noses, Prattville, Alabama, was born August 25, to his country; and hands, arms, and legs; 1906, to Judge C.E. Thomas and Augusta (2) the Secretary of the Senate is directed Whereas the Revolutionary United Front Pratt. to transmit a copy of this resolution to the continues to terrorize the population of Si- Whereas Daniel H. Thomas obtained his family of the deceased. erra Leone by decapitating innocent victims, law degree from the University of Alabama f including children as young as 10 months old in 1928, where his uncle, Daniel H. Pratt, and elderly men and women; served as President pro tem of the Board of AMENDMENTS SUBMITTED Whereas the Revolutionary United Front Trustees of the University; abducts women and children for use as forced Whereas Daniel H. Thomas, having served laborers, sex slaves, and as human shields his country with distinction for 3 years as a FOREIGN OPERATIONS, EXPORT during skirmishes with government forces Navy Lieutenant during World War II, re- FINANCING, AND RELATED PRO- and the forces of the Economic Community turned to Mobile, Alabama and continued in GRAMS APPROPRIATIONS ACT, of West African States; the practice of law with Mr. Joseph C. Lyons 2001 Whereas the Revolutionary United Front and Sam Pipes in the law firm of Lyons, has kidnapped boys as young as 6 or 7 years Thomas and Pipes until he was elevated to old and used them to kill and steal and to be- the Federal bench; HELMS AMENDMENT NO. 3172 come soldiers, and its forces have routinely Whereas Daniel H. Thomas was appointed a raped women and young girls as a terror tac- United States District Judge for the South- Mr. HELMS submitted an amend- tic; ern District of Alabama by President Tru- ment intended to be proposed by him Whereas the Revolutionary United Front man in 1951, joining in distinguished judicial to the bill (S. 2522) making appropria- has abducted civilians, missionaries, human- service his father, C.E. Thomas, who was a tions for foreign operations, export fi- itarian aid workers, United Nations peace- probate judge of Augusta County, Alabama, nancing, and related programs for the keepers, and journalists; his uncle, William Thomas, who served the fiscal year ending September 30, 2001, Whereas Charles Taylor, the President of State of Alabama as a Supreme Court Jus- Liberia, has provided and continues to pro- tice, and his uncle, J. Render Thomas, who and for other purposes; as follows: vide significant support and direction to the served many years as the Clerk of the Su- On page 140, between lines 19 and 20, insert Revolutionary United Front in exchange for preme Court of Alabama; the following: diamonds and other natural resources and is Whereas 49 years of judicial service made SEC. ll. SUPPORT BY THE RUSSIAN FEDERA- therefore culpable for the abuses in Sierra Judge Thomas one of the longest serving TION FOR SERBIA. Leone; Federal judges in American history; (a) FINDINGS.—Congress finds that— Whereas the Lome Peace Accords did not Whereas the years of distinguished judicial (1) General Dragolub Ojdanic, Minister of hold the Revolutionary United Front ac- service by Judge Thomas were characterized Defense of the Federal Republic of Yugo- countable for their abuses and, in fact, re- by unflinching integrity and unquestioned slavia (Serbia and Montenegro) and an in- warded Foday Sankoh and other Revolu- legal ability; dicted war criminal, visited Moscow from tionary United Front leaders with high gov- Whereas in a time of great political and so- May 7 through May 12, 2000, as a guest of the ernment offices and control of diamond min- cial turmoil, Judge Thomas inspired contin- Government of the Russian Federation, at- ing throughout Sierra Leone; ued respect for the rule of law established tended the inauguration of President Vladi- Whereas the Revolutionary United Front under the Constitution of the United States, mir Putin, and held talks with Russian De- in Sierra Leone is not a legitimate political and for the propositions that ‘‘all men are fense Minister Igor Sergeyev and Army Chief movement, entity, or party; created equal’’ and deserve ‘‘equal protection of Staff Anatoly Kvashnin; Whereas all sides in the civil war in Sierra of the laws’’ by faithfully adhering to the (2) General Ojdanic was military Chief of Leone are guilty of serious human rights precedents of the United States Supreme Staff of the Federal Republic of Yugoslavia abuses; and Court, even when such actions were not pop- during the Kosovo war and has been indicted Whereas the Revolutionary United Front ular; by the International Criminal Tribunal for led by Foday Sankoh is responsible for Whereas the depth of legal scholarship ex- the Former Yugoslavia (ICTY) for crimes breaking the Lome Peace Accords and for hibited by Judge Thomas led him to become against humanity and violations of the laws
VerDate Mar 15 2010 23:34 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00093 Fmt 4624 Sfmt 0634 E:\2000SENATE\S25MY0.REC S25MY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4492 CONGRESSIONAL RECORD — SENATE May 25, 2000 and customs of war for alleged atrocities loans and assistance that serve basic human that an oversight hearing has been against Albanians in Kosovo; needs. scheduled before the Subcommittee on (3) international warrants have been issued (ii) In this subparagraph, the term ‘‘inter- Water and Power. by the International Criminal Tribunal for national financial institution’’ includes the The hearing will take place on the Former Yugoslavia for General Ojdanic’s International Monetary Fund, the Inter- arrest and extradition to the Hague; national Bank for Reconstruction and Devel- Wednesday, June 14, 2000, at 2:30 p.m. in (4) the Government of the Russian Federa- opment, the International Development As- room SD–366 of the Dirksen Senate Of- tion, a permanent member of the United Na- sociation, the International Finance Cor- fice Building in Washington, D.C. tions Security Council which established the poration, the Multilateral Investment Guar- The purpose of this hearing is to con- International Criminal Tribunal for the anty Agency, and the European Bank for Re- duct oversight on the National Marine Former Yugoslavia, has an obligation to ar- construction and Development. Fisheries Service’s draft Biological rest General Ojdanic and extradite him to (C) The United States shall suspend exist- Opinion and its potential impact on the the Hague; ing programs to the Russia Federation pro- (5) on May 16, 2000, Russian Minister of Ec- Columbia River operations. vided by the Export-Import Bank and the Because of the limited time available onomics Andrei Shapovalyants announced Overseas Private Investment Corporation that his government has provided the Ser- and any consideration of any new loans, for the hearing, witnesses may testify bian regime of Slobodan Milosevic guarantees, and other forms of assistance by by invitation only. However, those $102,000,000 of a $150,000,000 loan it had reac- the Export-Import Bank or Overseas Private wishing to submit written testimony tivated and will sell the Government of Ser- Investment Corporation to Russia. for the hearing record should send two bia $32,000,000 of oil despite the fact that the (D) The President of the United States copies of their testimony to the Sub- international community has imposed eco- should instruct his representatives to nego- committee on Water and Power, Com- nomic sanctions against the Government of tiations on Russia’s international debt to op- the Federal Republic of Yugoslavia and the mittee on Energy and Natural Re- pose further forgiveness, restructuring, and sources, United States Senate 364 Dirk- Government of Serbia; rescheduling of that debt, including that (6) the Government of the Russian Federa- being considered under the ‘‘Comprehensive’’ sen Senate Office Building, Wash- tion is providing the Milosevic regime such Paris Club negotiations. ington, D.C. 20510–6150. assistance while it is seeking debt relief For further information, please call from the international community and loans f Trici Heninger, staff assistant, or Col- from the International Monetary Fund, and leen Deegan, Counsel, at (202) 224–8115. while it is receiving corn and grain as food NOTICE OF HEARINGS SUBCOMMITTEE ON NATIONAL PARKS, HISTORIC aid from the United States; SUBCOMMITTEE ON FORESTS AND PUBLIC LAND PRESERVATION, AND RECREATION (7) the hospitality provided to General MANAGEMENT Mr. THOMAS. Mr. President, I would Ojdanic demonstrates that the Government Mr. CRAIG. Mr. President, I would of the Russian Federation rejects the indict- like to announce for the information of like to announce for the public that a ments brought by the International Criminal the Senate and the public that an over- hearing has been scheduled before the Tribunal for the Former Yugoslavia against sight hearing has been scheduled before Subcommittee on Forests and Public him and other officials, including Slobodan the Subcommittee on National Parks, Land Management. Milosevic, for alleged atrocities committed Historic Preservation, and Recreation during the Kosovo war; and The hearing will take place on of the Committee on Energy and Nat- (8) the relationship between the Govern- Wednesday, June 8, 2000, at 9:30 a.m. in ural Resources. The propose of this ment of the Russian Federation and the Gov- room SD–366 of the Dirksen Senate Of- hearing is to receive testimony on the ernments of the Federal Republic of Yugo- fice Building in Washington, D.C. slavia and Serbia only encourages the regime United States General Accounting Of- The purpose of this hearing is to re- of Slobodan Milosevic to foment instability fice March 2000 report entitled ‘‘Need ceive testimony on H.R. 359, an Act to in the Balkans and thereby jeopardizes the to Address Management Problems that clarify the intent of Congress in Public safety and security of American military and Plague the Concessions Program’’. civilian personnel and raises questions about Law 93–632 to require the Secretary of The hearing will take place on Thurs- Russia’s commitment to its responsibilities Agriculture to continue to provide for day, June 15, 2000, at 2:30 p.m. in room as a member of the North American Treaty the maintenance and operation of cer- SD–366 of the Dirksen Senate Office Organization-led peacekeeping mission in tain water impoundment structures Kosovo. Building in Washington, DC. that were located in the Emigrant Wil- (b) ACTIONS.— Because of the limited time available derness at the time the wilderness area (1) Fifteen days after the date of enact- for the hearing, witnesses may testify ment of this Act, the President shall submit was designed in that Public Law; H.R. by invitation only. However, those a report to Congress detailing all loans, fi- 468, an Act to establish the Saint Hel- wishing to submit written testimony nancial assistance, and energy sales the Gov- ena Island National Scenic Area; H.R. for the hearing record should send two ernment of the Russian Federation or enti- 1680, an Act to provide for the convey- copies of their testimony to the Com- ties acting on its behalf has provided since ance of forest Service property in Kern June 1999, and intends to provide to the Gov- mittee on Energy and Natural Re- County, California, in exchange for ernment of Serbia or the government of the sources, United States Senate, SD–364 county lands suitable for inclusion in Federal Republic of Yugoslavia or any enti- Dirksen Senate Office Building, Wash- Sequoia National Forest; S. 1817, a Bill ties under the control of the Governments of ington, DC 20510–6150. Serbia or the Federal Republic of Yugo- to validate a conveyance of certain For further information, please con- slavia. lands located in Carlton County, Min- (2) If that report determines that the Gov- tact Jim O’Toole or Kevin Clark of the nesota, and to provide for the com- committee staff at (202) 224–6969. ernment of the Russian Federation or other pensation of certain original heirs; S. entities acting on its behalf has provided or 1972, a Bill to direct the Secretary of f intends to provide the governments of Serbia or the Federal Republic of Yugoslavia or any Agriculture to convey to the town of AUTHORITY FOR COMMITTEES TO entity under their control any loans or eco- Dolores, Colorado, the current site of MEET nomic assistance and oil sales, then the fol- the Joe Rowell Park; S. 2111, a Bill to COMMITTEE ON COMMERCE, SCIENCE, AND lowing shall apply: direct the Secretary of Agriculture to TRANSPORTATION (A) The Secretary of State shall reduce as- convey for fair market value 1.06 acres Mr. ROBERTS. Mr. President, I ask sistance obligated to the Russian Federation of land in the San Bernardino National unanimous consent that the committee by an amount equal in value to the loans, fi- Forest, California, to KATY 101.3 FM, a on Commerce, Science,and Transpor- nancial assistance, and energy sales the Gov- California corporation. ernment of the Russian Federation has pro- tation be authorized to meet on Thurs- vided and intends to provide to the Govern- Those who wish to submit written day, May 25, 2000, at 9:30 am. ments of Serbia and the Federal Republic of statements should write to the Com- The PRESIDING OFFICER. Without Yugoslavia. mittee on Energy and Natural Re- objection, it is so ordered. (B)(i) The Secretary of the Treasury shall sources, U.S. Senate, Washington, D.C. COMMITTEE ON ENERGY AND NATURAL instruct the United States executive direc- 20510. For further information, please RESOURCES tors of the international financial institu- contact Mark Rey at (202) 224–6170. Mr. ROBERTS. Mr. President, I ask tions to oppose, and vote against, any exten- SUBCOMMITTEE ON WATER AND POWER sion by those institutions of any financial unanimous consent that the Com- assistance (including any technical assist- Mr. SMITH of Oregon. Mr. President, mittee on Energy and Natural Re- ance or grant) of any kind to the Govern- I would like to announce for the infor- sources be authorized to meet during ment of the Russian Federation except for mation of the Senate and the public the session of the Senate on Thursday,
VerDate Mar 15 2010 23:34 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00094 Fmt 4624 Sfmt 0634 E:\2000SENATE\S25MY0.REC S25MY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 25, 2000 CONGRESSIONAL RECORD — SENATE S4493 May 25 at 9:30 a.m. to conduct an over- The PRESIDING OFFICER. Without that ultimately a strong and free and sight hearing. objection, it is so ordered. prosperous hemisphere means a strong The PRESIDING OFFICER. Without Mr. WELLSTONE. Mr. President, I and free and prosperous United States. objection, it is so ordered. ask unanimous consent that Tom The reality is that in 1997, we had an COMMITTEE ON THE JUDICIARY Lederer, a congressional fellow serving opportunity to move forward to give Mr. ROBERTS. Mr. President, I ask in Senator CONRAD’s office, be granted the President greater authority to ne- unanimous consent that the Com- floor privileges during the consider- gotiate new trade agreements with mittee on the Judiciary be authorized ation of the crop insurance conference countries in our own hemisphere. to meet to conduct a hearing on Thurs- report. Sadly, that did not happen. Now it will day, May 25, 2000, at 10:00 a.m., in The PRESIDING OFFICER. Without be up to our next President to pursue SD226. objection, it is so ordered. new markets in this hemisphere. If we The PRESIDING OFFICER. Without f as a country do not lead, other nations objection, it is so ordered. MORNING BUSINESS and their businesses will take our COMMITTEE ON THE JUDICIARY place. No country is waiting for us to Mr. LUGAR. Mr. President, on behalf Mr. ROBERTS. Mr. President, I ask act first. of our majority leader, Senator LOTT, I unanimous consent that the Com- In the end, the longer we wait to pur- ask unanimous consent that the Sen- mittee on the Judiciary be authorized sue more trade opportunities in our ate proceed to a period for morning to meet to conduct a hearing on Thurs- own hemisphere, the more we stand to business, with Senators permitted to day, May 25, 2000, at 2:00 p.m., in SD226. lose. speak for up to 10 minutes each. The PRESIDING OFFICER. Without Take, for example, my home State of The PRESIDING OFFICER. Without objection, it is so ordered. Ohio. The future of Ohio’s economy is objection, it is so ordered. linked to our ability to send our prod- SUBCOMMITTEE ON NATIONAL PARKS, HISTORIC The Senator from Ohio. PRESERVATION AND RECREATION ucts abroad. Given the chance, Ohio’s Mr. DEWINE. Seeing my colleague businessmen and women and Ohio’s Mr. ROBERTS. Mr. President, I ask from Georgia on the floor, if he would farmers can and do compete effectively unanimous consent that the Sub- like to proceed. I am going to be about on the world stage. For example, in committee on National Parks, Historic 10 minutes. most years, one-third to one-half of Preservation and Recreation be author- Mr. COVERDELL. The Senator was Ohio’s major cash crops—corn, wheat, ized to meet during the session of the recognized. It is appropriate he has his and soybeans—are found in markets Senate on Thursday, May 25 at 2:30 10 minutes. p.m. to conduct an oversight hearing. and meals outside our country. In 1998, The PRESIDING OFFICER. Without f the city of Cincinnati increased its ex- objection, it is so ordered. FREE TRADE IN THE AMERICAS ports by slightly more than $1 billion. SUBCOMMITTEE ON FINANCIAL INSTITUTIONS Mr. DEWINE. Mr. President, as you It was the fourth-biggest such increase Mr. ROBERTS. Mr. President, I ask know, our colleagues in the House in the country. Columbus, OH, boosted unanimous consent that the Sub- passed, by a vote of 237–197, legislation its exports by $92.5 million, ranking committee on Financial Institutions be to establish permanent normalized 36th in the country and second in the authorized to meet during the session trade relations with China. The vote State in terms of percentage growth. of the Senate on Thursday, May 25, yesterday condensed months of intense Open trade opportunities have allowed 2000, to conduct a hearing. debate over economics, foreign policy, Ohio’s and the Nation’s economy to The PRESIDING OFFICER. Without and national security concerns with re- continue thriving. objection, it is so ordered. gard to that relationship with China. This argument has been used to sup- SUBCOMMITTEE ON INTERNATIONAL SECURITY, This is significant legislation, and I port granting permanent normal trade PROLIFERATION, AND FEDERAL SERVICE. look forward to a thorough Senate de- relations with China. Much of the pub- Mr. ROBERTS. Mr. President, I ask bate on this matter. I will have more lic debate has focused on the potential unanimous consent that the Sub- to say about this very important issue of more than 1 billion Chinese con- committee on International Security, during that debate. There are very sig- sumers. Yet, we are ignoring another Proliferation, and Federal Services be nificant economic and trade concerns, very sizable market—the market with- authorized to meet during the session but there are also some very signifi- in our own hemisphere. Right here in of the Senate on Thursday, May 25, cant national security issues that must our hemisphere, with a combined gross 2000, at 10:00 a.m. for a hearing. be discussed. domestic product (GDP) of more than The PRESIDING OFFICER. Without Over the last several months, the $10 trillion—a hemisphere encom- objection, it is so ordered. current administration has invested passing 800 million people—trade with SUBCOMMITTEE ON PUBLIC HEALTH considerable time, energy, and re- our hemispheric neighbors represents Mr. ROBERTS. Mr. President, I ask sources to achieving House approval of vast opportunities. These are opportu- unanimous consent that the Sub- what is essentially a bilateral agree- nities that we must not ignore. committee on Public Health, be au- ment with China. While this issue is a Right now, Europe, Asia, and Canada thorized to meet for a hearing during very important one, I also believe we are securing their economic fortunes the session of the Senate on Thursday, need to place it in its proper context throughout Latin America and Central May 25, 2000, at 9:30 a.m. and consider whether our overall trade America. Take the example of Brazil— The PRESIDING OFFICER. Without policies have been successful. the world’s eighth largest economy. In objection, it is so ordered. I am concerned that over the last 4 1997, the European Union—the EU—ex- ported to Brazil more than they did to f years, the administration’s pursuit of a bilateral trade agreement with China any other country, and between 1990 PRIVILEGES OF THE FLOOR has come at the expense of missed bi- and 1998, their exports grew 255 per- Mr. ROBERTS. Mr. President, I ask lateral and even multilateral trade cent. Also, although United States ex- unanimous consent that Major Scott agreements and economic opportuni- ports to Argentina are double that of Kindsvater from Dodge City, KS, a ties right here within our own hemi- Asia’s, our growth rate is less than half major in the United States Air Force, sphere. of Asia’s incredible 1664 percent in- an F–15 pilot, and a congressional fel- Regardless of what the potential eco- crease from 1990 to 1998. low, be granted the privilege of the nomic benefits that PNTR with China As my colleagues can see, other na- floor during the foreign policy dialog. could offer, the bottom line is that sta- tions are riding the tides of change—of The PRESIDING OFFICER. Without bility and economic opportunity within free-market economics and openness— objection, it is so ordered. our own hemisphere always must be a and integrating into the world econ- Mr. CLELAND. Mr. President, I ask top priority. To that extent, we, as a omy. The region’s ‘‘Mercosur’’ or com- unanimous consent my legislative fel- nation, stand to lose or gain, depending mon market—which includes Argen- low, Chris Grant, be given access to the on the economic health and security of tina, Brazil, Paraguay, Uruguay, and floor. our own neighbors. What that means is associate member Chile—is the world’s
VerDate Mar 15 2010 23:34 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00095 Fmt 4624 Sfmt 0634 E:\2000SENATE\S25MY0.REC S25MY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4494 CONGRESSIONAL RECORD — SENATE May 25, 2000 largest growing trading bloc, experi- gard to our hemispheric trading part- continuing terrible human rights encing trade growth of 400 percent be- ners and our hemispheric trading poli- record. They argue that by not having tween 1990 and 1998. In 1990, they cies, as well as our overall trading annual review of China’s trade status, bought less than $7 billion worth of strategy. It will be incumbent upon our we will lose our strongest leverage to U.S. products. In 1997, their U.S. pur- next President and this Congress to force China to change its behavior. It is chases had grown to $23 billion. deal with this unfinished business of also argued that by granting China per- The Europeans aren’t asleep at the our country. I am hopeful that several manent normal trade relations, we are wheel either. As of now, the European important initiatives will, in fact, be rewarding and legitimizing the leaders Union is the largest trading partner pursued. That is why I believe the next who have such a bad human rights with the Mercosur countries. Trade be- administration and the next Congress record. Finally, the argument that in- tween the EU and the Mercosur coun- needs to approve fast track trading au- creased contact with China will im- tries totaled $42.7 billion in 1996 com- thority. prove human rights conditions is un- pared to $31 billion for the United It is not a stretch to say that Amer- dermined by the facts. According to States. Additionally, between 1990 and ica’s continued leadership in the global the 1999 State Department Human 1998, the EU’s market share of all economy is fundamentally dependent Rights Report, the Chinese govern- Mercosur imports increased from 23 on our ability to secure new markets ment’s human rights record has dete- percent to 27 percent. It is becoming abroad. By giving the President greater riorated over the past several years, increasingly obvious that the European flexibility to negotiate trade agree- despite increased contacts between Union is not going to sit idly by and let ments, and by giving the President the China and the United States. the United States gain any market ability to set the pace and the timing But there are human rights advo- share in our own hemisphere, our own of many of our most important trade cates who support PNTR for China. region. In fact, the EU recently has in- negotiations, Congress would be giving They believe that isolating China will tensified negotiations with the the President the authority to nego- be bad for human rights, because the Mercosur toward consolidating the two tiate trade deals very quickly, but also leaders will then be under no outside regional blocs. Moves like this rep- the ability to assert and protect the pressure to change their behavior. resent more than just a loss of export continued international economic su- They also argue that, over time, people opportunities for our Nation—they rep- premacy of the United States. And to people contacts through the media, resent a lack of leadership to aggres- that—that is key to our economic fu- internet and travel will expose the Chi- sively pursue new markets in our own ture. nese people to international standards hemisphere. Finally, ultimately, our Nation’s and values and will continue to gradu- This is the hemisphere we live in. ability to aggressively promote free ally loosen rigid, authoritarian struc- Those should be our markets. To lose and fair trade and enter into trade tures. This is why such esteemed them through neglect would be a truly agreements with countries within our human rights leaders as the Dalai shameful outcome for our country. hemisphere is critical. The more we Lama and Wang Dan, on of the There is enough of a consciousness in pursue economic initiatives with our Tiananmen Square leaders, support Latin America of the benefits of eco- neighbors, the more we, as a nation, PNTR for China. nomic liberalization that we will see stand to gain and in ways that go be- The human rights concerns are why more and more trade barriers go yond economic growth. In a region that inclusion of the Levin amendment in down—to somebody’s benefit. The ques- is largely Democratic, a hemispheric the House bill is so important to me. tion that remains is: Will we in the commitment to free and fair trade will This regime to monitor human rights United States be in on that market, or strengthen Democratic principles and and worker rights in China will put not? the rule of law. Such pursuits are good these issues in sharp focus and will sig- I am optimistic, though, that our Na- for the Caribbean Basin; they are good nificantly increase our knowledge tion can capture a larger share of mar- for Central America; they are good for about whether the Chinese people are kets in our hemisphere now that the Latin America; and they are good for making progress in these areas. I com- Senate passed and the President signed agriculture and business right here at mend Congressman LEVIN for his lead- into law the Caribbean Basin Trade En- home in the United States. Overall, it ership in attaching this important hancement Act. This act will bring tre- just makes good sense. safeguard to the legislation. mendous benefits to the United States I thank the Chair and yield the floor. Second, with respect to the impact of and to the Caribbean Basin. It will en- Mrs. BOXER. Mr. President, after PNTR on American jobs, there are ar- hance our economic security, both by long and difficult deliberation, I have guments on both sides. Opponents say opening new markets for American decided to vote for permanent normal that bringing China into the World products and by strengthening the trade relations with China. The House Trade Organization and granting it economies of our closest neighbors. of Representatives has now passed the permanent normal trade status will re- And, it would create new hope for those bill and I expect the Senate to take it sult in the loss of more than 800,000 left jobless by Hurricanes Mitch and up next month, after the Memorial Day jobs in the United States. They believe Georges. recess. it will allow multinational corpora- The CBI law will extend duty-free California is the leading state in tions to move many operations into treatment to apparel assembled in the world trade. Its location on the Pacific China, where worker wages and bene- Carribean Basin—or assembled and cut Rim makes our relationship with Asia fits are much lower, wages being as low in the region—using U.S. fabric made extremely important. as 13 cents an hour. from U.S. yarn. This will help During my congressional career, I The principal argument in favor of strengthen existing U.S.-CBI partner- have supported some of the trade rela- PNTR is that we must pass it in order ships in the apparel industry, because tions proposals we have considered and to get the benefits of the trade agree- the duty-free treatment will help U.S. opposed others. I believe that each ment negotiated by the Clinton admin- apparel manufacturers maintain their trade proposal should be considered on istration last year, which requires competitiveness with the Asian mar- its own, and I do not have an ideolog- China to lower trade barriers and open ket. ical bent on the issue of trade. up the Chinese market to all kinds of CBI is a good law. It is a good law The decision on this bill—to grant American products and services, in- that was long, long overdue. In the permanent normal trade relations sta- cluding many from my State of Cali- context of our overall trade policy, it tus to China—has been one of the hard- fornia. Supporters estimate that imple- represents a modest step forward. To est I have ever had to make, because mentation of this agreement will in- do more toward further expanding mar- the arguments on both sides have crease exports of U.S. goods to China ket opportunities abroad will require merit. I would like to review in this by more than $13 billion per year by strong leadership both in the Congress statement the excellent points made by 2005. Supporters also argue that grant- and from the President. both sides in the debate. ing PNTR to China will give the U.S. Despite the success of CBI, plenty of First, with respect to human rights, the ability to force Chinese compliance unfinished business remains with re- those opposed to PNTR cite China’s with all terms of the trade agreement,
VerDate Mar 15 2010 23:34 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00096 Fmt 4624 Sfmt 0634 E:\2000SENATE\S25MY0.REC S25MY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 25, 2000 CONGRESSIONAL RECORD — SENATE S4495 including with WTO-authorized sanc- to take the suggestions of the Senator try of Peru. Constitutional law, the tions if necessary. If PNTR is not from Ohio, and if certain events that hemisphere of new democracies, will granted, the U.S. could not avail itself are unfolding this very minute were to have suffered a blow. of WTO enforcement procedures. take a wrong turn, could dramatically Supposedly, in the next 2 or 3 hours, So it is clear that there are strong and negatively affect these trade op- their electoral commission will make a arguments on both sides of the human portunities. statement as to whether they will lis- rights and workforce/labor issues. The Andean region—Colombia, Peru, ten to the world, listen to the OAS, lis- But the reason I have decided to vote Ecuador, Bolivia, Panama, and Ven- ten to the United States Congress, the in favor of permanent normal trade re- ezuela—is experiencing difficult times. President of the United States, and lations status for China is because, I rise specifically today about events delay these elections or not. first and foremost, I believe that it is that are under advisement this minute I rise only for the purpose of saying my responsibility as a United States in Peru. that it will be an acknowledged blem- Senator to put the national security of As those who follow events there ish on so much progress that had been the United States above all other con- know, very aggressive behavior by made in this last decade. It will have siderations. And on the national secu- President Fujimori led to a constitu- dire and long-reaching consequences if rity question, in my opinion, there is tional override of a two-term limita- the Government of Peru does not hear only one rational view. tion on his Presidency, and he is seek- a world talking to it. I believe that through engagement ing a third term. The elections on April I can only pray that in the next hour with China we have the best oppor- 9 were viewed as flawed by the inter- or two, the government will recognize tunity to avoid a cold war type atmos- national community. Severe questions that it must have an environment phere, which hung like a cloud over occurred as to whether or not a fair under which elections will be fair and this nation—indeed, the world—for 45 election had occurred. The OAS, the observers will have the ability to adju- years after World War II. Carter Center, NDI, and other inter- dicate this was a fair election or this A vote against PNTR would suggest national observers have argued that was not. To my colleagues, I say, there that the U.S. views China as an adver- the runoff election which will occur are events unfolding in this hemisphere sary and would make it much more dif- this Sunday, unless postponed, is in se- to which we must pay far more atten- ficult to engage China to work with us vere doubt and question. The Organiza- tion. As the Senator from Ohio said, constructively in key strategic areas. tion of American States, along with the vast majority of our trade now is in Of particular concern to me is China’s others, has said that the computer sys- this hemisphere. It exceeds Europe and role in efforts to bring peace and sta- tem—which is crucial to the vote count it exceeds the Pacific. It had better be bility to the Korean Peninsula. China and crucial to monitoring the elec- a healthy place because it means a great deal to us and our fellow citizens. encouraged North Korea’s compliance tion—is not in a condition for which a fair election can occur and as a result I yield the floor. with the U.S.–DPRK (North Korea) The PRESIDING OFFICER. The Sen- they would not be able to accredit the framework which halted the North’s ator from Tennessee. nuclear weapons program, and China election. If an election occurs this Sun- will undoubtedly have to be part of any day, for which all national and inter- f solution that integrates North Korea national interests have said you cannot MEASURE READ FOR THE FIRST into the international community. appropriately observe the election, you TIME—S. 2645 China also plays a key role in the can’t tell whether it has been fair or Mr. THOMPSON. Mr. President, I international community’s response to not, if the government proceeds with rise to introduce a bill, the China Non- the continuing conflict between India that, it will be a serious blow to the proliferation Act, which I now send to and Pakistan. China has in fact con- democratic countries that the Senator the desk on behalf of myself and Sen- demned both nations for conducting from Ohio alluded to and to constitu- ator TORRICELLI, as well as the fol- nuclear tests, and has urged them both tional law and to the growth of democ- lowing original cosponsors: Senators to conduct no more tests, to avoid de- racy in our hemisphere. COLLINS, DEWINE, INHOFE, KYL, ploying or testing missiles, and to Very recently, Senator LEAHY from SANTORUM, and SPECTER. work to resolve their differences over Vermont and I authored a joint resolu- The PRESIDING OFFICER. The bill Kashmir through dialogue, rather than tion on this matter which reads: Re- will be received and appropriately re- military action. solved by the Senate and the House of ferred. Finally, China is playing an increas- Representatives of the United States of Mr. THOMAS. Mr. President, I ask ingly active and constructive role in America in Congress assembled that it that the bill be read for the first time. Asian security and stability. U.S. isola- is the sense of the Congress that the The PRESIDING OFFICER. The tion of China would seriously under- President of the United States should clerk will read the bill for the first mine our ability to influence China’s promptly convey to the President of time. future orientation, and would set us on Peru, if the April 9, 2000, elections are The assistant legislative clerk read a dangerous path of confrontation. deemed by the international commu- as follows: I am under no illusions that granting nity not to have been free and fair, the A bill (S. 2645) to provide for the applica- PNTR to China will make it our new United States will review and modify tion of certain measures to the People’s Re- best friend. But failure to do so could as appropriate its political and eco- public of China in response to the illegal nomic and military relations with Peru sale, transfer, or misuse of certain controlled well make it an adversary of the sort goods, services, or technology, and for other that we lived with for almost half a and will work with other democracies purposes. in the hemisphere and elsewhere to- century until the fall of the Berlin Mr. THOMPSON. I now ask for the wards restoration of democracy in Wall and the disintegration of the So- bill’s second reading. viet Union. That is a risk we should Peru. This is passed by the House. This The PRESIDING OFFICER. Is there not take. is passed by the Senate. This is signed objection? The PRESIDING OFFICER. The Sen- by the President of the United States Mr. LOTT. Mr. President, I object. ator from Georgia. and, therefore, this is the policy of the The PRESIDING OFFICER. Objec- f United States with regard to these tion is heard. The bill will be held at elections. THE RUNOFF ELECTION IN PERU the desk. The situation has not improved. As I Mr. LOTT. Mr. President, I suggest Mr. COVERDELL. Mr. President, it said, we have a computer system that the absence of a quorum. is fortuitous that the Senator from is flawed. We have the opposition can- The PRESIDING OFFICER. The Ohio would make his remarks before didate who has withdrawn from the clerk will call the roll. mine. I share and agree with most of election. We have the Organization of The assistant legislative clerk pro- what he has said with regard to trade. American States saying we will with- ceeded to call the roll. I rise on a point that could be a trou- draw all observers. We are hours away Mr. LOTT. Mr. President, I ask unan- bling cloud that, even if the next Presi- from a very serious turnback and re- imous consent that the order for the dent and even if the next Congress were versal in our hemisphere in the coun- quorum call be rescinded.
VerDate Mar 15 2010 23:34 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00097 Fmt 4624 Sfmt 0634 E:\2000SENATE\S25MY0.REC S25MY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4496 CONGRESSIONAL RECORD — SENATE May 25, 2000 The PRESIDING OFFICER. Without journs on the legislative day of Thursday, I also ask consent that when the Sen- objection, it is so ordered. May 25, 2000, or Friday, May 26, 2000, on a ate receives the House companion Mr. LOTT. Mr. President, I apologize motion offered pursuant to this concurrent measure, it proceed immediately to its to the Senator from Tennessee for my resolution by its Majority Leader or his des- ignee, it stand adjourned until 10:30 a.m. on consideration; that all after the enact- objection. I was engaged in a discussion Tuesday, June 6, 2000, for morning-hour de- ing clause be stricken, the text of the and did not hear what he was asking bate, or until noon on the second day after Senate bill be inserted, the bill ad- for. I understand it had been worked Members are notified to reassemble pursuant vanced to third reading and passed; out and was ready to go. We were not to section 2 of this concurrent resolution, that the Senate then insist on its clear on exactly what was happening. whichever occurs first; and that when the amendments, request a conference with The Senator from Tennessee wishes Senate recesses or adjourns at the close of the House, and the Chair be authorized to reclaim the floor, and I yield. business on Thursday, May 25, 2000, Friday, May 26, 2000, Saturday, May 27, 2000, or Sun- to appoint conferees on the part of the Mr. THOMPSON. I didn’t hear the day, May 28, 2000, on a motion offered pursu- Senate, all without any intervening ac- majority leader. ant to this concurrent resolution by its Ma- tion or debate, and that S. 2 be indefi- Mr. LOTT. I was explaining why I ob- jority Leader or his designee, it stand re- nitely postponed. jected. cessed or adjourned until noon on Monday, The remaining first-degree amend- The PRESIDING OFFICER. The Sen- June 5, 2000, or Tuesday, June 6, 2000, as may ments in order to be offered to S. 2— ator from Tennessee. be specified by its Majority Leader or his and I note again these will be 1 hour Mr. THOMPSON. Mr. President, I ask designee in the motion to recess or adjourn, or at such other time on that day as may be each equally divided—are: for the bill’s second reading. An amendment by Senator JEFFORDS The PRESIDING OFFICER. Is there specified by its Majority Leader or his des- ignee in the motion, or until noon on the relating to high schools; an amend- objection? second day after Members are notified to re- ment by Senator STEVENS involving Mr. DASCHLE. Mr. President, I ob- assemble pursuant to section 2 of this con- physical education programs; an ject. current resolution, whichever occurs first. amendment by Senator BINGAMAN re- The PRESIDING OFFICER. Objec- SEC. 2. The Speaker of the House and the tion is heard. The bill will remain at Majority Leader of the Senate, acting jointly garding accountability; an amendment the desk. after consultation with the Minority Leader by Senator SANTORUM which calls for Mr. THOMPSON. I yield the floor. of the House and the Minority Leader of the full funding for IDEA; the Kennedy Senate, shall notify the Members of the amendment regarding teacher quality; f House and the Senate, respectively, to reas- a Hutchison amendment regarding sin- MEASURES PLACED ON THE CAL- semble whenever, in their opinion, the public gle-sex schools; an amendment by Sen- interest shall warrant it. ENDAR—H.R. 1291, H.R. 3591, H.R. ator DODD involving 21st century 4051, AND H.R. 4251 f schools; an amendment by Senator Mr. LOTT. Mr. President, I under- UNANIMOUS-CONSENT REQUESTS GREGG involving 21st century schools; stand there are four bills at the desk Mr. LOTT. Mr. President, we had an amendment by Senators HARKIN and due for their second reading. talked over the period of, I guess, 2 or BINGAMAN concerning school construc- The PRESIDING OFFICER. The 3 weeks about trying to come to an tion grant programs; an amendment by clerk will report the bills by title. agreement so we could go back to the Senator VOINOVICH regarding IDEA The assistant legislative clerk read very important bill, S. 2, the Education funding options; an amendment by as follows: Opportunities Act of 2000. We still have Senator WELLSTONE regarding fairness A bill (H.R. 1291) to prohibit the imposition pending on that bill, I believe, two and accuracy in testing; an amendment of access charges on Internet service pro- amendments for debate, and I don’t by Senator GRAMS involving alter- viders, and for other purposes. native testing; an amendment by Sen- A bill (H.R. 3591) to provide for the award know if we have the time agreement ator REED involving parental involve- of a gold medal on behalf of the Congress to for a final vote. We do not, but we have former President Ronald Reagan and his wife Senators JEFFORDS, STEVENS, DOMEN- ment; an amendment by Senator KYL Nancy Reagan in recognition of their service ICI, and others—and maybe Senator which would deal with parental opt-out to the Nation. KENNEDY is on that amendment—plus a for bilingual education; an amendment A bill (H.R. 4051) to establish a grant pro- second Kennedy amendment. What we by Senator MIKULSKI involving commu- gram that provides incentives for States to have been trying to do is agree to an- nity technology centers; an amend- enact mandatory minimum sentences for other grouping of amendments after ment by Senator ASHCROFT involving certain firearm offenses, and for other pur- IDEA discipline—an amendment, I poses. that but preferably to go ahead and get A bill (H.R. 4251) to amend the North Korea agreement on a list of very important might add, he has been trying to get in Threat Reduction Act of 1999 to enhance amendments on both sides of the aisle the order for several weeks now, and Congressional oversight of nuclear transfers that are related to elementary and sec- we have not been able to get it agreed to North Korea, and for other purposes. ondary education and have votes on to in the order, and I must say that at Mr. LOTT. Mr. President, I object to those amendments and then come to a one point he could have insisted on it further proceedings on these bills at conclusion. but was agreeable to setting it aside this time. I wanted to see if we could make any with the understanding he would get a The PRESIDING OFFICER. The bills progress in that regard and, hopefully, shot at it later on—a relevant amend- will be placed on the calendar. we can get agreement on this. If not, ment by Senator LOTT; a relevant f we will keep working to see if we can amendment by Senator DASCHLE; a rel- find a way to reach an agreement. evant managers’ amendment by Sen- PROVIDING FOR THE ADJOURN- I ask unanimous consent that when ator JEFFORDS; and a relevant man- MENT OF BOTH HOUSES OF CON- the Senate resumes consideration of S. agers’ amendment by Senator KEN- GRESS 2, the Educational Opportunities Act of NEDY. Mr. LOTT. Mr. President, I ask unan- 2000, the Stevens amendment No. 3139 The PRESIDING OFFICER. Is there imous consent that the Senate now remain the pending amendment, and objection? turn to the adjournment resolution that the education-related amend- Mr. DASCHLE. Mr. President, I ob- just received from the House, that the ments which follow be the only first- ject. concurrent resolution be agreed to, the degree amendments in order to be of- The PRESIDING OFFICER. Objec- motion to reconsider be laid upon the fered; that they be subject to relevant tion is heard. table, all without intervening action or second-degree amendments; that de- Mr. DASCHLE. Mr. President, let me debate. bate on all amendments, whether first simply respond to the distinguished The PRESIDING OFFICER. Without or second degree, be limited to 1 hour majority leader. objection, it is so ordered. equally divided; and following the con- As he knows, in past debates on The concurrent resolution (H. Con. clusion of debate on or in relation to ESEA, there have been an average of 22 Res. 336) was agreed to, as follows: the first-degree amendments listed, the Republican amendments that have H. CON. RES. 336 bill be read the third time, and the been considered, an average. In some Resolved by the House of Representatives (the Senate proceed to a vote on final pas- cases, that number has exceeded 30 Senate concurring), That when the House ad- sage. amendments. The average number of
VerDate Mar 15 2010 23:34 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00098 Fmt 4624 Sfmt 0634 E:\2000SENATE\S25MY0.REC S25MY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 25, 2000 CONGRESSIONAL RECORD — SENATE S4497 amendments in total considered during I think we should pursue this to see years—that included assistance for the ESEA debate has been 37 amend- if we can develop the list. I don’t know schools and dealing with these safety ments. how long it would be. problems—for instance, funds would be I have no objection at all to the Mr. KENNEDY. Mr. President, will available for metal detectors. A lot of amendment suggested by the distin- the leader yield for a question? schools are now doing that. They have guished majority leader. Mr. LOTT. I will in just a moment. a greater need for assistance. That is I note with interest that the school It sounded as if we had around 20 why I wanted to get the juvenile jus- safety amendment offered by Senator amendments, and it sounded as if the tice bill through. While I still plan to LAUTENBERG was not on his list. minority leader added three or four urge the juvenile justice conference re- I would ask that the Senate resume that were not on our list. We are talk- port be completed, and it be brought consideration of the ESEA bill, and fol- ing about as many as 24 amendments. back to the Senate, that is the place lowing the two amendments previously We have taken up six. That would put where this issue or these issues should ordered, the Senate consider the fol- us at 30. I don’t think that is nec- be dealt with. lowing first-degree amendments sub- essarily an excessive list on something The direct answer to the Senator’s ject to relevant second-degree amend- that is this important. question is it is not germane, and I ments, and they be considered in alter- But the point is, if we could at least think it would be a major problem with nating fashion as the sponsors become pursue some finite list that would get elementary and secondary education us to a conclusion, I would certainly available: Senator SANTORUM, Senator legislation. Certainly, I would object to like to do that. BINGAMAN, Senator HUTCHISON, Senator it. I would be glad to yield to Senator Mr. KENNEDY. If I could briefly fol- DODD, Senator GREGG, Senator HARKIN, KENNEDY. low up, in 1994, the Senator from Senator VOINOVICH, Senator MIKULSKI, Mr. KENNEDY. Mr. President, if I Texas, Mr. GRAMM, offered an amend- Senator STEVENS, Senator WELLSTONE, could ask the majority leader, since ment cosponsored by the Republican Senator GRAMS, Senator REED, Senator probably the first priority of American leader. There was no objection from KYL, and Senator LAUTENBERG. families—even beyond having small Mr. LOTT. Mr. President, reserving that side of the aisle to that measure class sizes, well-trained teachers, mod- at that particular time. I don’t know the right to object, are all those ern schools and computers, digital di- amendments on this list that I read, how the Senator voted at that time, or vide, afterschool programs, and safety whether he indicated it was appro- AUTENBERG? Is there an plus Senator L and security in the schools—is the re- additional Wellstone amendment in priate to bring it up at that time. But duced opportunity for children to be that list? it was noted as the gun amendment. able to have access to guns prior to The Senate has addressed the gun Mr. DASCHLE. I guess I would have going to school, it is not going to make issues. It was brought up by the Sen- to consult with the majority leader in much difference if we have small class ator from Texas and was cosponsored greater detail to know whether each of sizes and guns are in the school. by the majority leader at that time. I these amendments is exactly ref- I am asking the majority leader if he believe the Senator from Mississippi erenced in his unanimous consent list. is unwilling to permit a vote on the voted for it at that time. As I understand it, this is the list that Senate floor of the Lautenberg amend- Mr. LOTT. Mr. President, without our two sides have been building upon ment, which is really directed towards knowing exactly which Gramm amend- in reaching some agreement on pro- safety and security in the schools, as ment the Senator is speaking of, the ceeding to the next block of amend- part of the measure. I think this is way he described it, I probably voted ments. Obviously, there are other enormously important because we for it and was supportive of it. But one amendments we would want to con- want to see the conclusion of the de- of the problems I have, as suggested sider. But this is a block of amend- bate on ESEA. But I think it is impor- earlier, is that I understand, for in- ments for which there would be no op- tant for Members to know whether we stance, it leaves out the Ashcroft position to addressing as the next are going to be denied an opportunity amendment. He has been very coopera- block on this side. to deal with what is the most impor- tive, to use that famous word, in not Mr. LOTT. Mr. President, further re- tant concern of parents; that is, safety insisting that he be included in the ear- serving the right to object, would that and security in schools. lier groupings. He at one point actually list include the other language I had in I am wondering what the position of could have, within his rights, actually my unanimous consent request that the majority leader is on that issue. forced us to vote on it, and he didn’t do would take us to a conclusion? I be- Mr. LOTT. Mr. President, if I might it. lieve I understood the minority leader respond, this is about elementary and I would want to talk to both sides was saying that it would not. Is that secondary education. Obviously, there about including the Ashcroft amend- accurate? is a lot we need to do to be of assist- ment. It doesn’t include the two man- Mr. DASCHLE. The majority leader ance to administrators, teachers, par- agers’ amendments, or the two leaders’ is correct. We will be in a position—and ents, and children at the elementary amendments, which I think surely we could be in a position in the not too and secondary education level. Cer- would be willing to do. And it doesn’t distant future—to agree ultimately to tainly, the local and State officials bring the bill to third reading. I think a finite list of amendments. I was not need to do more. We need to improve we need to talk about those issues, and aware that the distinguished leader the quality of our schools, they need to I hope we can do that. would be interested in pursuing this be child centered, and they need to be Mr. President, if I could proceed, I this afternoon. This is the first I heard safe and drug free. But I think it is had indicated earlier this year that we of it. But we would be prepared at some about elementary and secondary edu- would go to the Defense authorization point certainly during the time these cation, and amendments should be ger- bill. I believe it was this week. For a amendments are being considered to mane to this area. variety of reasons, we weren’t able to offer perhaps a final list that would I think it is a far stretch to say that go to Defense authorization. Of course, bring us to closure on the bill. I would a Lautenberg amendment which has to the way we usually do these bills is we be happy to work with the majority do with gun shows relates to elemen- go to the Defense authorization and leader over the recess in an effort to fi- tary and secondary education. I think complete that, and then go to the De- nalize that list, and proceed with that we should be sensitive to that area. We fense appropriations bill and complete goal in mind. should do what we can to provide safe- both of them. Mr. LOTT. Mr. President, I would ob- ty for children, and to make sure chil- Earlier there were objections to tak- ject to the request at this time. But I dren don’t get guns, have access to ing up the Agriculture appropriations am encouraged that we could get to- them, or make use of them. bill. I might say now that I understand gether and work to try to find a way to But I also think one of the things we why it has not been completed by the develop a list that would complete this can do that I supported, and which is in House. We thought the House would very important education bill and the juvenile justice bill that we passed act on Agriculture appropriations this bring it to final passage. earlier, and was in the making for 3 week. They did not do that. We have in
VerDate Mar 15 2010 23:34 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00099 Fmt 4624 Sfmt 0634 E:\2000SENATE\S25MY0.REC S25MY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4498 CONGRESSIONAL RECORD — SENATE May 25, 2000 the past quite often gone to appropria- Defense appropriations bill, realizing cause Senator LAUTENBERG of New Jer- tions bills in the Senate and took them that the authorizers want to get their sey had wanted another hearing at the up to the third reading but without ac- bill done because, among other things, subcommittee level before they tually completing them and waiting for it does authorize and make some marked it up, and that they were going the House to act. changes in law. It is not just about to need, in the next few days, to get it Senator DASCHLE has indicated there spending. It does have some very im- done. are some points within the Agriculture portant language in it with regard to Hopefully, they will report that bill bill in the Senate with which they have health benefits for our military per- out by Wednesday or Thursday of the problems, and they want to have, I sonnel and their families and retirees. week we return and we will be able to guess, an option to remove provisions So there is a need to get the authoriza- go to that; either if we got it Thursday, of the Agriculture appropriations bill tion bill done, and we need to find a we could do it Thursday or Friday, or using rule XVI. way to get it done. we could go do it the first thing next It is obviously very important. Even Another way to proceed would be to week. I am pushing the committee to though we took the emergency agri- take up the Department of Defense ap- act on it. I don’t know what the out- culture portion, $7.1 billion, out of the propriations bill. I know Senator STE- standing issue is, but I understand they Agriculture appropriations bill and put VENS talked to Senator BYRD and Sen- wanted to have one more committee it in the crop insurance bill that just ator DASCHLE about going ahead to hearing for some reason. passed, it still has some disaster money that, even though the House has not Let me provide a little incentive to in it and some emergency moneys, I be- acted, on the assumption that the all sides to work together on the De- lieve, for North Carolina and other House will act on that the week we re- fense appropriations bill. I will not now areas. I hope we can find a way to get turn and we would probably be able to move to proceed to it, but I will move an agreement to go to that bill or to take up that House bill or it would be to proceed to that bill when we recon- the DOD appropriations bill. here before we complete it. However, it vene after the recess, and have a vote, There we are. We have been unable to is hard to say now if that will be ac- if necessary, on proceeding to the De- get an agreement to go to DOD author- complished or not. We don’t know that fense appropriations bill. ization. We have not yet been able to the House will have it done by Tuesday But over the next 10 days, we have work out something on Agriculture or of next week or Wednesday of the week time to work between the authorizers Defense. However, hopefully during we come back. and the appropriators and everybody this recess we can look at the impor- I ask consent that we go to the De- who has a concern about that bill, and tance of these issues and see if we can fense appropriations bill which was re- hopefully something can be worked out get an agreement of how to proceed on ported out of the Appropriations Com- so we can proceed on the authorization one or two of these. mittee on May 18 by unanimous vote of bill, and then, of course, immediately I think we are close to getting agree- all the members of the Appropriations go to the appropriations bill after that. ment on the e-commerce digital signa- Committee. If we cannot get something worked ture bill and also very close on bank- The PRESIDING OFFICER. Is there out over the recess period or agree on ruptcy, and therefore perhaps those an objection? some sort of schedule, I will have no al- two could be combined along with the Mr. DASCHLE. Mr. President, I ob- ternative at that point but to move to satellite loan bill. That may be avail- ject again for two reasons: First, the proceed to the DOD appropriations bill. able early in the week we come back. I bill is not here; and, second, because we I prefer to have something we have hope it will be because I think there have not taken up the authorization worked out between the authorizers are only two or three points out- bill and our colleagues have indicated and the appropriators and the Demo- standing on the three of them. that is a very important matter. We al- cratic leadership and the Republican For now, I ask consent that the Sen- ways attempt to deal with the author- leadership so we can make good use of ate turn to the DOD authorization bill, ization requirements prior to the time our time. S. 2549, and only DOD-related amend- we deal with the appropriations re- We do have 4 weeks in the month of ments be in order during the pendency quirements. This unanimous consent June when we come back. We have a of the bill. request does not allow for that. lot of work we need to do. We need to The PRESIDING OFFICER. Is there I ask the majority leader what is move at least half a dozen appropria- objection? wrong with taking up the one appro- tions bills during the month of June. Mr. DASCHLE. Mr. President, I ob- priations bill that has been sent here We need to take a look at the House- ject. I simply again indicate my reason by the House. I note that on May 22 the passed China trade status bill, see how for objecting is not because I don’t Transportation appropriations bill was much time we would need on the floor, want to go to DOD authorization. I received from the House. It is pending and try to get some idea of what would love very much to work with our in the Senate. amendments might be offered. majority leader in attempting to pro- I won’t ask unanimous consent, but I It would not be my intent to try to ceed to that bill. I have no problem ask the majority leader whether his in- limit amendments on the China perma- with calling it up and permitting the tention would be to take up the one nent trade status bill. I think we full Senate to work its will. House-passed bill that is here. Clearly, should say right from the beginning if Again, he has proposed that it be we would have no objections to doing we add any new material to it, any new done with only relevant amendments. I that. It is important we make the most amendments or language, it would remind the majority leader, Senator use of our time. Because the House- have to go back to conference with the HUTCHINSON offered a forced abortions passed appropriations bill having to do House and then vote again in the House in China amendment to DOD author- with transportation is already here, I and Senate. That may be OK, but I ization just 2 years ago, and there have am curious as to why we have chosen want to take a little time when we been many Republican nonrelevant not to take it up until now and why we come back and see if we can work amendments offered. wouldn’t take it up just as soon as we through the time that would be re- I assume I am protecting the rights come back. quired, when would be the first time to of Members on both sides of the aisle in Mr. LOTT. Mr. President, I certainly take it up, and what amendments insisting we have the opportunity to agree. I think we should take it up as might be in the offing from both sides offer amendments, and I will work with soon as we can. It has come over from of the aisle. Our staffs will be working the majority leader to see that we can the House, but it has not been reported, on that during the recess. Plus, we take up this bill and work through his I don’t believe, from the subcommittee could have other issues. concern about amendments. or the full committee here. I mentioned the conference report Until we can work that out, I object I asked the chairman of the sub- and other bills that are pending, so we to moving to it. committee, Senator SHELBY, why that are going to have to have a full month Mr. LOTT. We had talked, Mr. Presi- is the case—and, by the way, imme- in June. I also remind my colleagues dent, about seeing if we could come to diately urged him to do it as quickly as that in July—I was looking at the cal- an agreement on how to proceed to the he can—and I understand it was be- endar last night and was really a little
VerDate Mar 15 2010 23:34 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00100 Fmt 4624 Sfmt 0634 E:\2000SENATE\S25MY0.REC S25MY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 25, 2000 CONGRESSIONAL RECORD — SENATE S4499 bit chagrined to realize we only will allegations, and support for the Inter- The assistant legislative clerk read have 3 weeks between the Fourth of national Criminal Tribunal for the as follows: July recess and the conventions in Au- Former Yugoslavia. These improve- A bill (H.R. 3244) to combat trafficking of gust. ments would certainly go far to legiti- persons, especially into the sex trade, slav- I had really thought we would have mize the new Administration in the ery, and slavery-like conditions in the four; if we could do five or six appro- view of the international community, United States. priations bills in that window. So we but more importantly, in the eyes of Mr. LOTT. I now ask for its second really are under pressure, with the 7 the Croatian people. President Mesic’s reading and object to my own request. weeks we have in the summer, to move continued efforts on these fronts will The PRESIDING OFFICER. Objec- 11 appropriations bills. That is going to show its people that their new govern- tion is heard. be a monumental task, and it is going ment takes seriously the need for hon- f to take work with each other on both esty and accountability. sides of the aisle. I know that. We can- As the government wins the support AUTHORIZING THE 2000 DISTRICT not move it without everybody giving of its people, I am also encouraged by OF COLUMBIA SPECIAL OLYM- it a shot. But it makes it awfully hard the efforts of the new Administration PICS LAW ENFORCEMENT TORCH for us to be doing other issues, other to get involved with the European com- RUN TO BE RUN THROUGH THE than the China trade bill, which we munity. In such a volatile region, a na- CAPITOL GROUNDS hope to get worked in there at some tion uniting the many groups will be Mr. LOTT. I ask unanimous consent point. the key to fostering a stable political the Rules Committee be discharged With that, I think we have talked and economic atmosphere. Part of the from further consideration of H. Con. enough about schedule. I hope we can victory of democracy in Croatia has Res. 280, and that the Senate then pro- come to some agreements over the next been the new spirit of regional har- ceed to its immediate consideration. 10 days as to exactly how we will pro- mony that I hope will spread to its The PRESIDING OFFICER. Without ceed the first week we are back. neighbors. Peace in the Balkan nations objection, it is so ordered. The clerk I yield the floor. will only come with honest attempts to will report the concurrent resolution f live with differences, and Croatia will by title. be a leader in the efforts for peace The assistant legislative clerk read COMMEMORATING FREE there. as follows: ELECTIONS IN CROATIA In addition to better conditions in A concurrent resolution (H. Con. Res. 280) Mr. GORTON. Mr. President, today I the Balkans, democracy will encourage authorizing the 2000 District Of Columbia join with my colleagues, Senators the involvement of other foreign na- Special Olympics Law Enforcement Torch FEINGOLD, HUTCHISON, ABRAHAM, and tions. Just two weeks ago, Croatian Run to be run through the Capitol Grounds. LIEBERMAN, who will introduce a reso- President Stipe Mesic met with French There being no objection, the Senate lution congratulating the people of President Jacques Chirac to discuss an proceeded to consider the resolution. Croatia on their successful parliamen- agreement on stabilization and associa- Mr. LOTT. I ask unanimous consent tary and presidential elections, the tion, as well as the Croatian entrance the resolution be agreed to, the motion to the NATO Partnership for Peace. peaceful transition of power, and new to reconsider be laid upon the table, The resolution I am supporting today initiatives for reform. In addition to and any statements appear in the suggests U.S. support for the addition congratulating the people of Croatia, RECORD. of Croatia in the partnership, and I am the resolution expresses U.S. support The PRESIDING OFFICER. Without happy to inform my colleagues that for their progress and encourages Cro- objection, it is so ordered. the nations of NATO have announced atian participation in the NATO Part- The concurrent resolution (H. Con. that Croatia will become a full member nership for Peace. One day, I hope that Res. 280) was agreed to. we will be expressing our support for of the Partnership for Peace program f Croatia, and other nations with similar today. This is truly a great accom- democratic inclination, as members of plishment, and it affirms the commit- NATIONAL MOMENT OF NATO itself. ment of all NATO allies to help Croatia REMEMBRANCE in its chosen path. The Balkan nations embracing de- Mr. LOTT. Mr. President, I ask unan- mocracy must be supported at every In addition to my appreciation for the democratic and international imous consent the Judiciary Com- opportunity available became the gov- mittee be discharged from further con- ernment could so easily have taken the progress of the Croatian people, I would also like to take this oppor- sideration of H. Con. Res. 302, and the other path. The leaders of Croatia Senate then proceed to its immediate could have chosen to repress popular tunity to thank the work of the Cro- atian American Association in bringing consideration. involvement and other fundamental The PRESIDING OFFICER. Without rights of democracy, but instead have this subject to my attention and to the attention of the American people. The objection, the clerk will report the res- chosen the harder but correct path of Croatian American community has olution by title. working through discourse, debate, and worked tirelessly to create bonds of The legislative clerk read as follows: democracy. Because we have also been friendship between our two nations, A concurrent resolution (H. Con. Res. 302) through these trials as a nation, I hope and I hope that as Croatia becomes calling on the people of the United States to that the American people will watch more democratic and involved in observe a National Moment of Remembrance closely the progress of the Croatian to honor the men and women of the United worldwide political affairs that we, as people and will support their path to States who died in pursuit of freedom and Americans, will continue to support freedom, stability, and peace. peace. them. The most important benefit to come I hope that this resolution will be an There being no objection, the Senate out of this election will be the resolu- additional bond between two nations proceeded to consider the concurrent tion of Croatia’s domestic difficulties. that democratic tenets have already resolution. Through the successful election, the joined. Mr. KERREY. Mr. President, I rise to Croatian people have taken the reins of The PRESIDING OFFICER (Mr. offer my support for passage of H. Con. control. In addition to the power in- SMITH of Oregon). The majority leader. Res. 302, a resolution proclaiming a Na- stilled by this self-determination, the tional Moment of Remembrance. f Croatian people are now spurred to As we gather with family and friends take up the mission of reform that MEASURE READ THE FIRST in observance of Memorial Day, I urge should further improve their govern- TIME—H.R. 3244 all Americans to take time to reflect ment. Among the stated goals of Presi- Mr. LOTT. Mr. President, I under- upon the day’s true meaning. Whether dent Mesic are the reintroduction of stand H.R. 3244 is at the desk. I ask for we attend a public observance, mark a Serbian refugees to the homes they left its first reading. grave, or simply bow our heads in quiet behind, reform of the privatization sys- The PRESIDING OFFICER. The reflection, all Americans should re- tem that has faced serious corruption clerk will report the bill by title. member to honor those who by serving,
VerDate Mar 15 2010 23:34 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00101 Fmt 4624 Sfmt 0634 E:\2000SENATE\S25MY0.REC S25MY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4500 CONGRESSIONAL RECORD — SENATE May 25, 2000 put their faith and trust in the ideals Maummar Qadhafi) provides leader- cost a fraction of the UN mission and for which our nation stands. ship, weapons and safe haven while the actually brought a modicum of peace The legislation we are about to pass RUF digs diamonds using slave labor in to Sierra Leone, yet the administra- will establish a National Moment of payment for services rendered. tion never even requested from Con- Remembrance at 3:00 local time on Me- It’s shameful that President Clin- gress the $25 million needed to con- morial Day. At that time, I am hopeful ton’s hand-picked emissary hugs the tinue their presence. Instead, the Nige- all Americans will join together in rec- godfather of the RUF like a brother rians were given blue helmets and im- ognition of those men and women who and contemplates negotiating with his potent rules of engagement then ‘‘rein- have died in military service of our na- henchmen. Or had it not been for cer- forced’’ with Kenyan, Indian and Zam- tion. tain Congressional objections, the U.S. bian troops that have been robbed of Finally, I thank my colleague from Government would be shoveling foreign their weapons and taken hostage. The Nebraska, Senator HAGEL, and aid to Charles Taylor. U.S. portion of the price tag for this Carmella LaSpada of No Greater Love Mr. President, the Resolution I offer, disaster soared to $118 million for next for their efforts in making the Na- along with Senators BIDEN, FRIST, and fiscal year alone. tional Moment of Remembrance a re- FEINGOLD, speaks for itself. The Ad- The United Nations peacekeeping ality. ministration should take note, as it at- mission in Sierra Leone and the frantic Mr. LOTT. Mr. President, I ask unan- tempts to formulate U.S. policy, that effort to salvage it now would be defen- imous consent the resolution be agreed at this stage of the game there is bipar- sible if the Lome´ accord had ever been to, the preamble be agreed to, the mo- tisan ‘‘concern’’ (and I use that world a viable peace. The agreement re- tion to reconsider be laid upon the in the most understated diplomatic warded the rape, mutilation, forced table, and finally any statements be fashion) about the policy of the United conscription of children and killing printed in the RECORD. States and the sorry performance of campaign of the RUF with the vice- The PRESIDING OFFICER. Without the United Nations. presidency, cabinet positions and ex- objection, it is so ordered. Mr. FRIST. Mr. President, the show- The concurrent resolution (H. Con. clusive domain over the diamond down in Sierra Leone between the Rev- fields. Literally the only portion of the Res. 302) was agreed to. olutionary United Front (RUF) and the The preamble was agreed to. agreement implemented since it was United Nations peacekeepers they have signed in July of last year is the most f taken hostage, robbed, killed and hu- outrageous and inexplicable: recogni- EXPRESSING THE SENSE OF THE miliated has enormous implications for tion of the RUF as a political party SENATE REGARDING THE the future of the United Nations. It is and a part of the government. a sort of Midway Island for UN peace- CRIMES AND ABUSES COM- With the Lome´ accord the RUF was keeping: a loss there could doom future MITTED AGAINST THE PEOPLE given the privilege of reaping both the operations across the continent, and OF SIERRA LEONE benefits of peace and the benefits of possibly further afield. However, a Mr. LOTT. Mr. President, I ask unan- war simultaneously. It was a tragic frantic effort to salvage the UN oper- imous consent the Senate now proceed and shameful contradiction that was ation there by reinstating the unjust to the immediate consideration of S. obvious from the beginning. Because a peace accord may win the battle for Res. 315, submitted earlier by Senator successful UN peace agreement and peace keeping operations in the short HELMS for himself and others. peacekeeping operation had itself be- run, but it could be devastating for the The PRESIDING OFFICER. The come the goal, rather than stability for UN and for Sierra Leone in the long clerk will state the resolution by title. Sierra Leone and defeat of the RUF, run. A resolution (S. Res. 315) expressing the The Clinton administration and the the contradiction was ignored. It was sense of the Senate regarding the crimes and this self-delusion that was the West’s abuses committed against the people of Si- United Nations have staked an unusual amount of capital on a successful UN greatest disservice to Sierra Leone, far erra Leone by the Revolutionary United exceeding our refusal to send our own Front, and for other purposes. mission in Sierra Leone. After the UN’s troops. There being no objection, the Senate shocking withdrawal from Rwanda in proceeded to consider the resolution. the days before the genocide began, a Because the potential failure of the Mr. HELMS. Mr. President, Sierra success in African peacekeeping be- UN in Sierra Leone has made it high Leone is a failed state and merely hop- came a must for the embattled Kofi noon for all peacekeeping in Africa, in- ing that a few new Bangladeshi or In- Annan, who oversaw that withdrawal cluding Congo, we may be in the proc- dian peacekeepers will turn the situa- and later became Secretary-General. ess of repeating the mistakes of Lome´ tion around is irresponsible. The Presi- The Clinton administration’s motives simply to win a short term battle for dent should bear this in mind as he de- for backing a massive UN peacekeeping multilateralism. Making a deal with cides U.S. policy in Sierra Leone—espe- operation agreement is harder to un- the devil once is unwise, making it cially the extent of U.S. military in- derstand beyond a history of making twice is unforgivable. Trying to force volvement there or support for a U.N. multilateralization itself a foreign pol- the reality of the brutality and recidi- or regional peacekeeping or peace- icy goal. With an almost mantra-like vism of the RUF and the failure of the making operation. regularity, they have touted ‘‘African Lome´ accord to conform to our sense of All of us—100 Senators—must remind solutions for African problems.’’ Yet order and to our desire for ‘‘clean ourselves that the rebels in Sierra two ‘‘African solutions’’ to the conflict hands’’ verges on international soci- Leone—the Revolutionary United in Sierra Leone were abandoned. In opathy. Front (RUF)—cannot be dealt with as 1995–96, 300 South African mercenaries I am not suggesting that we end the if it were a political party. The Revolu- drove rebels from the capital and the peace mission in Sierra Leone, but we tionary United Front has terrorized major diamond fields, brought them to cannot repeat the mistakes of the the population of Sierra Leone by mu- the negotiating table and set the stage Lome´ accord by again rewarding the tilating their enemies—and innocent for elections. Predictably, under donor RUF. To do so would set up a repeat of civilians, including women and chil- pressure, they were forced to leave and the current tragedy for Sierra Leone dren—by chopping off their ears, noses, the war resumed. Later, Nigeria led a and indignity for the UN. Whether hands, arms, and legs. West African intervention force and under the auspice of the UN or Nigeria, At some point the downtrodden peo- again restored peace by aggressively the rules of engagement in Sierra ple of Sierra Leone must find a way to pursuing the sadistic but cowardly Leone must be realistic and aggressive. hold their own leadership responsible. RUF. Most of all, we must seek account- But it’s impossible to overlook the fact Both of these ‘‘African solutions’’ ability for the horrific war crimes com- that Liberian President Charles Taylor were dropped because they conflicted mitted there. It will be bloody and hard provides succor to the sadistic Revolu- with the dreamy notion that says a UN to watch, but not as horrific as the tionary United Front. mission can end a war of unspeakable RUF has proven to be. For the sake of Taylor (with enthusiastic participa- barbarity without getting its hands the suffering Sierra Leoneans we are tion of regional leaders, including dirty. The West African regional force supposed to be helping, accountability
VerDate Mar 15 2010 23:34 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00102 Fmt 4624 Sfmt 0634 E:\2000SENATE\S25MY0.REC S25MY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 25, 2000 CONGRESSIONAL RECORD — SENATE S4501 for criminals and justice for their vic- Revolutionary United Front and its leaders, gration and Naturalization Service tims cannot again be sacrificed to our as well as other groups committing human Data Management Improvement Act of own intellectual impulses. rights abuses in Sierra Leone, are held ac- 2000, which makes very important revi- Mr. LOTT. Mr. President, I ask unan- countable for the crimes and abuses com- sions to section 110 of the 1996 Immi- imous consent the resolution be agreed mitted against the people of Sierra Leone; (2) the United States Government should gration Act. I, along with many of my to, the preamble be agreed to, the mo- not condone, support, or be a party to, any colleagues, introduced an identical tion to reconsider be laid upon the agreement that provides amnesty to those Senate companion to this bill, S. 2599, table, and any statements relating to responsible for the crimes and abuses in Si- late last week. the resolution be printed in the erra Leone; and As originally enacted, section 110 of RECORD. (3) the United States Government should the 1996 law mandated that an auto- The PRESIDING OFFICER. Without not provide incentives of any kind to re- mated system be established to record objection, it is so ordered. gional supporters of the Revolutionary the entry and exit of all aliens as a The resolution (S. Res. 315) was United Front until all support from them to means to provide more information on the Revolutionary United Front has ceased. agreed to. individuals who ‘‘overstay’’ their visas. The preamble was agreed to. f In the opinion of many, it became clear The resolution, with its preamble, AUTHORIZING THE PLACEMENT OF that this well-intentioned measure, if reads as follows: A PLAQUE WITHIN THE SITE OF implemented, could have an unforeseen S. RES. 315 THE VIETNAM VETERANS MEMO- impact. Today, when INS or Customs Whereas more than 1,000,000 of Sierra RIAL officials inspect people at land borders, Leone’s 5,200,000 population are internally Mr. LOTT. I ask unanimous consent they examine papers as necessary and displaced and more than 500,000 are refugees make quick determinations, using as a direct result of the civil war in Sierra the Energy Committee be discharged Leone, at least 50,000 people have been killed from further consideration of H.R. 3293, their discretion on when to solicit during the civil war, untold numbers of peo- and that the Senate then proceed to its more information. Section 110, how- ple have been mutilated and disabled largely immediate consideration. ever, was being understood to require by the Revolutionary United Front, and The PRESIDING OFFICER. Without revisions to that system that would more than 20,000 individuals, including many objection it is so ordered. The clerk have greatly complicated travel across children, are missing or have been kidnapped will report the bill by title. the land border by mandating that by the Revolutionary United Front; The legislative clerk read as follows: every single passenger of every single Whereas the Revolutionary United Front vehicle be required to provide detailed continues to terrorize the population of Si- A bill (H.R. 3293) to amend the law that au- erra Leone by mutilating their enemies and thorized Vietnam Veterans Memorial to au- information in a form that could be en- innocent civilians, including women and thorize placement within the site of the me- tered into a computer on the spot. Ac- children, by chopping off their ears, noses, morial of a plaque to honor those Vietnam cording to Dan Stamper, president of hands, arms, and legs; veterans who died after their service in the the Detroit International Bridge Com- Whereas the Revolutionary United Front Vietnam war but as a direct result of that service. pany, even assuming an incredibly continues to terrorize the population of Si- quick 30 seconds per individual, the There being no objection, the Senate erra Leone by decapitating innocent victims, traffic delays could exceed 20 hours in including children as young as 10 months old proceeded to consider the bill. and elderly men and women; Mr. LOTT. I ask unanimous consent numerous jurisdictions at the northern Whereas the Revolutionary United Front the bill be read a third time and border. This would obviously create ex- abducts women and children for use as forced passed, the motion to reconsider be traordinary economic and environ- laborers, sex slaves, and as human shields laid upon the table, and any state- mental harm. Moreover, it would di- during skirmishes with government forces ments relating to the bill be printed in vert scarce law enforcement resources and the forces of the Economic Community away from more effective measures. of West African States; the RECORD. The bill (H.R. 3293) was read the third Out of concern for its harmful impact Whereas the Revolutionary United Front on Michigan and law enforcement, I has kidnapped boys as young as 6 or 7 years time and passed. old and used them to kill and steal and to be- Mr. LOTT. Mr. President, I should passed legislation in 1998 to delay im- come soldiers, and its forces have routinely note this is legislation that is spon- plementation of section 110 from its raped women and young girls as a terror tac- sored in the Senate by Senator BEN original start date of September 30, tic; CAMPBELL of Colorado, but this is a 1998, until March 30, 2001. But it re- Whereas the Revolutionary United Front mained clear that a delay could not has abducted civilians, missionaries, human- House bill, originally sponsored by Congressman GALLEGLY of California. I sufficiently satisfy concerns that the itarian aid workers, United Nations peace- INS might develop a system that would keepers, and journalists; thank Senator WYDEN for helping us Whereas Charles Taylor, the President of work through getting this cleared, prove harmful to the people of Michi- Liberia, has provided and continues to pro- since it is an authorization for the gan and other states. vide significant support and direction to the Vietnam Veterans Memorial before FRED UPTON showed great leadership Revolutionary United Front in exchange for this Memorial Day weekend. I com- in the House on this issue and served diamonds and other natural resources and is his constituents extraordinarily well in therefore culpable for the abuses in Sierra mend the three Senators and others who were involved in that issue. helping to forge this compromise. Leone; LAMAR SMITH deserves great credit for Whereas the Lome Peace Accords did not f working closely with us and his other hold the Revolutionary United Front ac- countable for their abuses and, in fact, re- IMMIGRATION AND NATURALIZA- House colleagues in making an agree- warded Foday Sankoh and other Revolu- TION SERVICE DATA MANAGE- ment that meets the economic and se- tionary United Front leaders with high gov- MENT IMPROVEMENT ACT OF curity interests of all sides on this ernment offices and control of diamond min- 2000 issue. And JOHN LAFALCE also provided ing throughout Sierra Leone; Mr. LOTT. Mr. President, I ask unan- important assistance in this effort. Whereas the Revolutionary United Front imous consent that the Senate proceed This is a great victory for the people in Sierra Leone is not a legitimate political of Michigan. This agreement strikes movement, entity, or party; to consideration of H.R. 4489, which is Whereas all sides in the civil war in Sierra at the desk. the right balance in enhancing our se- Leone are guilty of serious human rights The PRESIDING OFFICER. The curity and immigration enforcement abuses; and clerk will report the bill by title. needs while ensuring that we preserve Whereas the Revolutionary United Front The legislative clerk read as follows: the jobs and the other economic bene- led by Foday Sankoh is responsible for A bill (H.R. 4489) to amend section 110 of fits Michigan receives from our close breaking the Lome Peace Accords and for the Illegal Immigration Reform and Immi- relationship with Canada. the violent aftermath that has consumed Si- grant Responsibility Act of 1996, and for This product of the agreement with erra Leone since May 1, 2000: Now, therefore, other purposes. the House replaces the current require- be it Resolved, That it is the sense of the Senate There being no objection, the Senate ment that by March 30, 2001, a record of that— proceeded to consider the bill. arrival and departure be collected for (1) the United States Government should Mr. ABRAHAM. Mr. President, I sup- every alien at all ports of entry, with a do all in its power to help ensure that the port the passage of H.R. 4489, the Immi- more achievable requirement that the
VerDate Mar 15 2010 23:34 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00103 Fmt 4624 Sfmt 0634 E:\2000SENATE\S25MY0.REC S25MY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4502 CONGRESSIONAL RECORD — SENATE May 25, 2000 Immigration and Naturalization Serv- border states if we did not solve this meaning that Canadians will have the ice develop an ‘‘integrated entry and problem. Senator GORTON also played same ability to enter the United States exit data system’’ that focuses on data an important role in this successful ef- as they do today. INS already regularly collects at ports fort. I thank Senator HELMS and his This bill will ensure that tourists of entry. staff, who permitted an amendment re- continue to freely cross the border, The goal of section 110 has been to lated to section 110 to be part of the without additional documentation re- track individuals who overstay their State Department authorization bill quirements. This bill will also guar- allowable stay in the United States. last year, which I think elevated the antee that more than $1 billion in daily That goal is redirected into a more awareness of this issue and contributed cross-border trade is not hindered in achievable direction. INS will be di- to the solution we see today. Senator any way. Just as importantly, rected to put in electronic and retriev- BIDEN and his staff were also sup- Vermonters and others who cross our able form the information already col- portive of this effort. And, of course, nation’s land borders on a daily basis lected at ports of entry and pursue Senator GRAMS and his leadership were to work or visit with family or friends other measured step to improve en- essential for the outcome today. should be able to continue doing so forcement of U.S. immigration laws. It Mr. President, I yield the floor. without additional border delays. is also directed to prepare a report on Mr. LEAHY. Mr. President, this bill The interconnection between Canada unmatched entry and departure data. accomplishes the important goal of and the United States may be dem- That report is required to contain not eliminating the existing section 110 of onstrated most clearly by a store in only numbers of unmatched records, the Illegal Immigration Reform and Derby Line, Vermont. Actually, only but an analysis of those numbers. The Immigration Responsibility Act, part of the store is located in Derby purpose of the latter requirement is to IIRIRA. I am an original cosponsor of Line—the other side of it is in Rock Is- make sure that sufficient context for the Senate version of this bill, the Im- land, Quebec. The U.S.-Canadian border runs down the middle of the store, and the data is provided to ensure that migration and Naturalization Service a white stripe is painted there to mark readers of the report are able to under- Data Management Improvement Act of it. Would the integrated entry and exit stand to what extent unmatched 2000. records reflect actual overstays, versus Section 110 would mandate that the data system called for under section 110 have had to monitor the clerks who to what extent they are simply a func- Immigration and Naturalization Serv- move from one side of the store to the tion of data weakness (such as a lag ice (INS) establish an automated sys- other collecting goods? This is just one time between the acquisition of the tem to record the entry and exit of all of many examples that would make the data and the entry of the data into the aliens. If implemented, such a provi- implementation of section 110 a de- system). This will allow those charged sion would have terrible consequences structive folly for Vermont, and I am with assessing the system to be in a for States all across our Northern Bor- sure that Senators from other States better position to recommend its prop- der. Its repeal will help protect Amer- along the Northern Border can tell er use and recommend ways of improv- ica’s economy and reinforce our excel- similar stories about their States. ing it. To that end, and to the end of lent relationship with Canada. This is an issue that I have worked otherwise improving implementation To implement and maintain an auto- on ever since section 110 was originally of the section, a task force chaired by mated system for monitoring the entry adopted in 1996. In 1997, along with Sen- and exit of ‘‘all aliens,’’ INS and Cus- the Attorney General that will include ator ABRAHAM and others, I introduced representatives of other government toms agents would have to stop each the Border Improvement and Immigra- agencies and the private sector is es- vehicle or individual entering or tion Act of 1997. Among other things, tablished to examine the effectiveness exiting the United States at all ports that legislation would have (1) specifi- of the system, ways of improving it, of entry. Canadians, U.S. permanent cally exempted Canadians from any and the need for and costs of any addi- residents, and many others who are not new documentation or paperwork re- tional measures, including security im- currently required to show documenta- quirements when crossing the border provements. The bill also calls for in- tion of their status would likely either into the United States; (2) required the creased international cooperation in have to carry some form of identifica- Attorney General to discuss the devel- securing the land borders. tion or fill out paperwork at the points opment of ‘‘reciprocal agreements’’ In essence, the agreement substitutes of entry. with the Secretary of State and the this approach in place of a mandate This sort of tracking system would governments of contiguous countries that a system be developed that would be extraordinarily costly to implement to collect the data on visa overstayers; have required that all foreign travelers along the Northern Border, especially and (3) required the Attorney General or U.S. permanent residents be individ- since there is no current system or in- to increase the number of INS inspec- ually recorded into a system at ports of frastructure to track the departure of tors by 300 per year and the number of entry and exit, thereby likely bringing citizens and others leaving the United Customs inspectors by 150 per year for traffic to a halt on the northern border States. the next three years, with at least half for miles, trapping U.S. travelers in the Section 110 would also lead to exces- of those inspectors being assigned to process and costing potentially tens of sive and costly traffic delays for those the Northern Border. thousands of jobs in manufacturing, living and working near the border. I also worked with Senator KENNEDY, tourism and other industries. The These delays would surely have a nega- Senator ABRAHAM, and other Senators agreement also maintains the status tive impact on the $2.4 billion in goods to obtain postponements in the imple- quo in preventing new documentary re- and services shipped annually from mentation date for the automated sys- quirements on Canadian travelers. Vermont to Canada and would likely tem mandated by section 110. We were The bottom line is that we will have reduce the $120 million per year that successful in those attempts, delaying a system that enhances law enforce- Canadians spend in Vermont. implementation until March 30, 2001. ment capabilities and will not impose This legislation would replace the ex- But delays are by nature only a tem- new or onerous requirements on trav- isting section 110 with a new provision porary solution; in the legislation we elers that would damage Americans or that requires the Attorney General to vote on today, I believe we have found the American economy. implement an ‘‘integrated entry and a permanent solution that allows us to I thank the cosponsors of S. 2599, who exit data system.’’ This system would keep track of the flow of foreign na- have been so important in achieving simply integrate the arrival and depar- tionals entering and leaving the United success in this long 3-year effort: Sen- ture data which already is authorized States without crippling commerce or ators LEAHY, GRAMS, KENNEDY, SNOWE, or required to be collected under cur- our important relationship with Can- COLLINS, CRAIG, GORTON, JEFFORDS, rent law, and which is in electronic for- ada. That is why I am proud to be a co- SCHUMER, GRAHAM, LEVIN, DEWINE, mat within databases held by the Jus- sponsor of this legislation, and why I MURRAY, MOYNIHAN, and VOINOVICH. I tice and State Departments. The INS urge my colleagues to vote in favor of also thank Majority Leader LOTT for would not be required to take new it today. his strong support on this issue and for steps to collect information from those The Immigration mistakes of 1996: I recognizing the impact on northern entering and leaving the country, fought against the adoption of section
VerDate Mar 15 2010 23:34 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00104 Fmt 4624 Sfmt 0634 E:\2000SENATE\S25MY0.REC S25MY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 25, 2000 CONGRESSIONAL RECORD — SENATE S4503 110 in 1996, when this Congress passed hearing in the Judiciary Committee, trative or judicial consideration of the the IIRIRA. It was wrong at the time, despite my request. equities. I have introduced the Fair- it is wrong today, and I am relieved Meanwhile, in the little more than ness to Immigrant Veterans Act, S. 871, that we are prepared to do away with three years that expedited removal has which would ensure that veterans of it. But our job of rectifying the wrongs been in operation, we already have nu- our Armed Forces who have committed of our 1996 immigration legislation is merous stories of valid asylum seekers ‘‘aggravated felonies’’ have the oppor- far from over; indeed, it has hardly who were forced to leave our country tunity to go before an immigration begun. I would like to use this occasion without the opportunity to convince an judge and plead their case to stay in to draw my colleagues’ attention to immigration judge that they faced per- the United States. It would also give what I believe our next priorities secution in their native lands. To pro- veterans the right to federal court re- should be in the immigration area. vide just one example, ‘‘Dem,’’ a view of the immigration judges’ deci- Expedited removal: First, in the 1996 Kosovar Albanian, was summarily re- sions, and allow them to be released Anti-Terrorism and Effective Death moved from the U.S. after the civil war from detention while their claim is Penalty Act (AEDPA), a bill ostensibly in Kosovo had already made the front pending. If this bill becomes law, we about terrorism, Congress instituted pages of America’s newspapers. During will still be able to deport people who an immigration measure called expe- his interview with the INS inspector have committed serious crimes and dited removal. Under expedited re- who had unreviewable discretion over present a danger to the community, re- moval, low-level INS officers with cur- his fate, he was provided with a Ser- gardless of their service record. But we sory supervision have the authority to bian translator who did not speak Al- will give veterans every opportunity to summarily remove people who arrive banian, rendering the interview a farce. show that they and their families de- at our border without proper docu- Instead of being embraced as a polit- serve a second chance, a chance they mentation, or with facially valid docu- ical refugee, he was put on the next have earned through the sacrifices they mentation that the officer simply sus- plane back to where his flight had made for our country. pects is invalid. No review—adminis- originated. We only know about his Veterans groups have been very sup- trative or judicial—is available of the story at all because he was dogged portive of this legislation, with the INS officer’s decision, which is ren- enough to make it back to the United American Legion, AMVETS, Vietnam dered after a so-called secondary in- States. On this second trip, he was Veterans of America, and the Blinded spection interview. Expedited removal found to have a credible fear of perse- American Veterans all endorsing the was widely critized at the time as ig- cution and he is currently in the midst bill. Despite these endorsements and noring the realities of political perse- of the asylum process. my efforts to promote this legislation, cution, since people being tortured by Perhaps the most distressing part of however, the majority has failed even their government are quite likely to expedited removal is that there is no to hold a hearing on this bill. have difficulties obtaining valid travel way for us to know how many deserv- Restoring basic benefits: Unfortu- documents from that government. Its ing refugees have been excluded. Be- nately, the IIRIRA and the AEDPA adoption was viewed by many—includ- cause secondary inspection interviews were not the only 1996 laws that dis- ing a majority of this body—as an are conducted in secret, we typically torted our immigration policy and abandonment of our historical commit- only learn about mistakes when refu- harmed immigrants. The welfare re- ment to refugees and a misplaced reac- gees manage to make it back to the form law, the Personal Responsibility tion to our legitimate fears of ter- United States a second time, like Dem, and Work Opportunity Reconciliation rorism. or when they are deported to a third Act of 1996, added to that year’s anti- When we debated the IIRIRA later country they passed through on their immigration chorus, unreasonably re- the same year, I offered an amendment way to the United States. This uncer- stricting the eligibility of legal immi- with Senator DEWINE to restrict the tainty should lead us to be especially grants for social safety net provisions. use of expedited removal to times of wary of continuing this failed experi- It barred many legal immigrants from immigration emergencies, which would ment. receiving Supplemental Security In- be certified by the Attorney General. Unjust deportation: Another injus- come (SSI), food stamps, and Medicaid This more limited authority was all tice in the 1996 legislation that we coverage, even as Congress sought to that the Administration had requested must address is its drastically ex- ensure that Medicaid be preserved for in the first place, and it was far more panded definition of what makes a those who were leaving welfare. It has in line with our international and his- legal resident deportable. First, the prevented the children of legal immi- torical commitments. This amendment IIRIRA defined the term ‘‘aggravated grants from eligibility under the new passed the Senate with bipartisan sup- felony’’ in such a way as to make nu- Children’s Health Insurance Program port, but it was removed in one of the merous misdemeanors deportable of- (CHIP). Under this statute, if legal im- most partisan conference committees I fenses. Then it applied this new stand- migrants (or their children) become have ever witnessed. As a result, the ard retroactively, so that people who sick, or lose their job, they are simply extreme version of expedited removal had committed crimes in the past that out of luck. These punitive restrictions contained in AEDPA became law, and were so minor they did not even serve were aimed not at illegal immigrants— was implemented in 1997. Ever since, I jail time were now subject to auto- who already were ineligible for most have attempted to raise consciousness matic deportation—including people benefits—but at legal immigrants, peo- about the problems with expedited re- who pleaded guilty to those crimes ple who were invited to come here and moval. without any reason to believe there work, people who paid taxes and con- Last year, I introduced the Refugee would be immigration consequences for tributed to our society in myriad ways. Protection Act (S. 1940) with Senator that plea. The effects of this change BROWNBACK and five other Senators of have been unfair to numerous men and Senators MOYNIHAN and GRAHAM have both parties. The bill is modeled close- women, and their families, who have introduced S. 792, the Fairness for ly on the 1996 amendment that passed worked hard for years to turn their Legal Immigrants Act, to rectify this the Senate, and I was optimistic that it lives around, and have paid taxes, con- injustice, and I am a proud cosponsor too would be supported by a broad coa- tributed their labor to the American of their bill. Among other things, the lition of Senators. It allows expedited economy, and raised children who are bill would: removal only in times of immigration American citizens. I applaud the efforts Permit States to cover all eligible emergencies, and it provides due proc- of those in the House who are working legal immigrant pregnant women and ess rights and elemental fairness for to do away with retroactivity alto- children under Medicaid immediately; those arriving at our borders without gether. Permit states to cover all legal im- sacrificing security concerns. But even I have chosen to take a narrower ap- migrant children under CHIP; as the Refugee Protection Act has proach to this issue, focusing on the ef- Restore SSI eligibility for legal im- gained additional cosponsors, it has fect that this punitive policy has had migrants who arrived here before Au- been ignored by the Senate leadership. on decorated war veterans who are gust 1996 and who are elderly and poor Indeed, the bill has not even received a being deported without any adminis- but not disabled by SSI standards;
VerDate Mar 15 2010 23:34 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00105 Fmt 4624 Sfmt 0634 E:\2000SENATE\S25MY0.REC S25MY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4504 CONGRESSIONAL RECORD — SENATE May 25, 2000 Restore SSI eligibility for legal im- tion. Asylum seekers are not criminals Whereas Daniel H. Thomas, a native of migrants who arrived here after Au- and they do not deserve to be impris- Prattville, Alabama, was born August 25, gust 1996 and become disabled after en- oned or detained without cause. Deten- 1906, to Judge C.E. Thomas and Augusta Pratt. tering the country; and tion may be appropriate in rare cases, Whereas Daniel H. Thomas obtained his Restore food stamp eligibility for all but it should be used sparingly. Deten- law degree from the University of Alabama pre-August 1996 legal immigrants. tion is also extraordinarily costly for in 1928, where his uncle, Daniel H. Pratt, This is a vital bill, but the majority the taxpayers; indeed, the Department served as President pro tem of the Board of has declined even to hold a hearing on of Justice has projected that by the Trustees of the University; it since it was introduced in April 1999. year 2001 it will need bed space for Whereas Daniel H. Thomas, having served It is difficult to tell whether this inac- 24,000 INS detainees. The current pol- his country with distinction for 3 years as a tion results from indifference to the icy is a humanitarian and fiscal fail- Navy Lieutenant during World War II, re- turned to Mobile, Alabama and continued in plight of these legal immigrants, or ure, and we must reform it. the practice of law with Mr. Joseph C. Lyons from a belief on the majority’s part Conclusion: Although I am proud of and Sam Pipes in the law firm of Lyons, that immigrants come here to take ad- the legislation we pass today, we have Thomas and Pipes until he was elevated to vantage of the social safety net that equally necessary and more chal- the Federal bench; our country offers. If it is the latter, I lenging tasks ahead of us if we truly Whereas Daniel H. Thomas was appointed a would recommend to my colleagues to want to address the damage done by United States District Judge for the South- the laws passed in 1996. I urge my col- ern District of Alabama by President Tru- remarks made by former Housing and man in 1951, joining in distinguished judicial Urban Development Secretary and Re- leagues to focus on these issues and to work during the time we have remain- service his father, C.E. Thomas, who was a publican Vice-Presidential candidate probate judge of Augusta County, Alabama, Jack Kemp at a recent press conference ing in this Congress to create sensible his uncle, William Thomas, who served the designed to highlight the need for Con- immigration laws. Let us not leave it State of Alabama as a Supreme Court Jus- gress to take action on a variety of im- to another Congress to fix the mistakes tice, and his uncle, J. Render Thomas, who migration legislation. Mr. Kemp said the majority made 4 years ago. served many years as the Clerk of the Su- Mr. LOTT. Mr. President, I ask unan- preme Court of Alabama; that immigrants do not come to the Whereas 49 years of judicial service made United States because of its welfare imous consent that the bill be read a third time and passed, the motion to Judge Thomas one of the longest serving system—they come here because they Federal judges in American history; want to make a better life for them- reconsider be laid upon the table, and Whereas the years of distinguished judicial that any statements relating to the selves through hard work. I would add, service by Judge Thomas were characterized bill be printed in the RECORD. and I’m sure that Jack Kemp would by unflinching integrity and unquestioned The PRESIDING OFFICER. Without legal ability; agree, that they often come here to ex- objection, it is so ordered. Whereas in a time of great political and so- perience political freedom they cannot The bill (H.R. 4489) was read the third cial turmoil, Judge Thomas inspired contin- obtain in their own countries. time and passed. ued respect for the rule of law established Detention: The IIRIRA made the de- under the Constitution of the United States, tention of asylum seekers who arrive f and for the propositions that ‘‘all men are without proper documents mandatory HONORING SENIOR JUDGE DANIEL created equal’’ and deserve ‘‘equal protection until they establish a credible fear of H. THOMAS of the laws’’ by faithfully adhering to the precedents of the United States Supreme persecution. It allowed the INS no dis- Mr. LOTT. Mr. President, I ask unan- cretion, even where asylum applicants Court, even when such actions were not pop- imous consent that the Senate now ular; had relatives willing to take them in proceed to the immediate consider- Whereas the depth of legal scholarship ex- and spare the government the cost of ation of S. Res. 316, submitted earlier hibited by Judge Thomas led him to become detaining them, or even where the asy- by Senators SESSIONS and SHELBY. one of the most respected experts in the na- lum applicants were children. It took The PRESIDING OFFICER. The tion in the important field of Admiralty this step even though the INS had al- clerk will report the resolution by Law; ready issued regulations that pre- title. Whereas the reach of service by Judge Thomas to his country extended beyond his vented asylum applicants from work- The legislative clerk read as follows: courtroom to his community through his ac- ing while their applications were pend- A resolution (S. Res. 316) honoring Senior tive leadership as a founding trustee of the ing—a step that had drastically re- Judge Daniel H. Thomas of the United States Ashland Place Methodist Church in Mobile, duced the filing of frivolous applica- District Court of the Southern District of Alabama, and to America’s youth through tions. Alabama. his efforts in support of the Boy Scouts of This detention mandate has created There being no objection, the Senate America; serious strains for the INS and has led proceeded to consider the resolution. Whereas Judge Thomas, a man who en- to often inhumane conditions for peo- Mr. LOTT. Mr. President, I am famil- joyed the outdoors, being an accomplished iar with this particular judge. He was fisherman and quail hunter, exhibited great ple who are fleeing persecution. For ex- common sense, had a vibrant sense of humor, ample, in October 1998, the Miami Her- from Mobile, AL, 40 miles from my hometown of Pascagoula, MS. He and was extremely friendly and thoughtful of ald reported that the INS—under the others, thereby truly fitting the description pressures created by the 1996 law—had served long and honorably, having of a true ‘‘southern gentleman’’; Warehoused some of its detainees to a reached a grand old age of 94. He was Whereas Judge Thomas truly was a great local jail in the Florida Panhandle. known particularly for his expertise in judge whose life was the law, and who was The jailers there constructed an ‘‘elec- admiralty. He will be sincerely missed loved and respected by members of the bar by those who have known him over the and community to a degree seldom reached tric blanket’’ that it ‘‘placed over de- and never surpassed; tainees, who [were] then subjected to years as a Federal judge. Mr. President, I ask unanimous con- Whereas Judge Thomas passed away at his intense electric shocks.’’ These asylum sent that the resolution be agreed to, home in Mobile, Alabama, on Thursday, seekers were forced to remain under April 13, 2000; the preamble be agreed to, the motion the blanket ‘‘for hours, worried about Whereas the members of the Senate extend to reconsider be laid upon the table, repeated shocks, and when refused our deepest sympathies to the wife of Judge and any statements relating to the res- bathroom privileges, they often soiled Thomas, Catherine Miller Thomas, his 2 olution be printed in the RECORD. sons, Daniel H. Thomas, Jr. and Merrill P. themselves. . . . They [also] endured The PRESIDING OFFICER. Without Thomas, other family members, and a host broken bones, racial slurs, and attacks objection, it is so ordered. of friends that he had across the country; with Mace and pepper spray.’’ The resolution (S. Res. 316) was and The Refugee Protection Act, which I agreed to. Whereas in the example of Judge Daniel H. talked about earlier, also addresses the The preamble was agreed to. Thomas, the American people have an endur- detention issue. It clarifies that the The resolution, with its preamble, ing symbol of moral courage, judicial re- Attorney General is not obligated to straint, and public service: Now, therefore, reads as follows: be it detain asylum seekers while their S. RES. 316 Resolved, That— claims are being procesed—the bill pre- Whereas Daniel H. Thomas devoted his life (1) the Senate honors the memory of Judge serves the Attorney General’s ability to the dedicated and principled service of his Daniel H. Thomas for his exemplary service to do so, but does not encourage deten- country, his State, and his community; to his country; and
VerDate Mar 15 2010 23:34 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00106 Fmt 4624 Sfmt 0634 E:\2000SENATE\S25MY0.REC S25MY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 25, 2000 CONGRESSIONAL RECORD — SENATE S4505 (2) the Secretary of the Senate is directed Army ranger. He sought an assignment completes its business today it stand in to transmit a copy of this resolution to the as an armor officer. He was a platoon adjournment, under the provisions of family of the deceased. leader with the 11th Armored Cavalry House Concurrent Resolution 336, until f Regiment in Vietnam. 10 a.m. on Tuesday, June 6. I further EXECUTIVE SESSION He received a Bronze Star for valor in ask consent that on Tuesday, imme- action and received two Purple Hearts diately following the prayer, the Jour- leading his platoon in Vietnam. nal of proceedings be approved to date, EXECUTIVE CALENDAR He returned to the Army in the the morning hour be deemed expired, Mr. LOTT. Mr. President, I ask unan- United States and pursued his graduate and the time for the two leaders be re- imous consent that the Senate proceed education at the Kennedy School at served for their use later in the day. I to executive session to consider the fol- Harvard, and once again Dan Kaufman further ask consent that the Senate lowing nominations reported by the and I were together. After he received then proceed to a period of morning Armed Services Committee: Calendar his master’s degree at Harvard, and business until 12:30 p.m., with Senators speaking for up to 5 minutes each, with Nos. 526 and 527. subsequent service with the 82nd Air- I further ask unanimous consent that borne Division, he received a Ph.D. in the following exceptions: Senator DUR- BIN, or his designee, from 10 a.m. to 11 the nominations be confirmed, the mo- political science at the Massachusetts a.m.; and Senator THOMAS, or his des- tions to reconsider be laid upon the Institute of Technology. He combines these two virtues and ignee, from 11 a.m. until 12 noon. table, any statements relating to the The PRESIDING OFFICER. Without nominations be printed in the RECORD, values: A soldier’s soldier and a schol- ar’s scholar. objection, it is so ordered. the President be immediately notified Mr. LOTT. I further ask unanimous He is the ideal choice for the dean- of the Senate’s action, and the Senate consent that the Senate stand in recess ship at West Point today, for a school then return to legislative session. from the hours of 12:30 p.m. to 2:15 p.m. The PRESIDING OFFICER. Without in transformation, for an Army in for the weekly policy conferences to objection, it is so ordered. transformation. As a soldier, he has meet. The nominations considered and con- seen war. He understands that one of The PRESIDING OFFICER. Without firmed are as follows: the greatest privileges an American objection, it is so ordered. can ever have is the privilege of lead- ARMY f The following named officer for appoint- ing American soldiers. Also, one of the ment in the United States Army as Dean of greatest honors an American can have ADJOURNMENT UNTIL 10 A.M. the Academic Board, United States Military is to lead those soldiers well. He has TUESDAY, JUNE 6, 2000 Academy, and for appointment to the grade won such an honor. Mr. LOTT. If there is no further busi- indicated under title 10, U.S.C., section 4335: He is also someone who is in touch ness to come before the Senate, I now To be brigadier general with the greater Army. He is someone ask unanimous consent that the Sen- Col. Daniel J. Kaufman, 0000. that has been actively involved in nu- ate stand in adjournment under the NAVY merous issues that deal with the Army, previous order. The following named officer for appoint- not just academically but very much in There being no objection, the Senate, ment in the United States Navy to the grade its day-to-day activities. at 5:20 p.m., adjourned until Tuesday, indicated while assigned to a position of im- He is not an ivory tower scholar. He June 6, 2000, at 10 a.m. portance and responsibility under title 10, is an actively engaged soldier. He will f U.S.C., section 601: instill in the cadets vital skills: the NOMINATIONS To be admiral ability to analyze a changing world; Vice Adm. Robert J. Natter, 0000. and a zest to learn throughout their ca- Executive nominations received by Mr. LOTT. Mr. President, Senator reers, and to help the Army and move the Senate May 25, 2000: REED, who is in the Chamber, has per- it forward. IN THE NAVY sonal knowledge of one of these nomi- He is also a family man. His wife THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED STATES NAVY TO THE GRADE INDICATED nees. He wants to make a statement at Kathryn, his son David, his daughter IN ACCORDANCE WITH ARTICLE II, SECTION 2, CLAUSE 2, this time. Emily—they all serve too, and serve OF THE CONSTITUTION: Mr. REED. I thank the majority the Army extraordinarily well. To be rear admiral (lower half) leader for his kindness. The mission at West Point is to train CAPT. ELEANOR C. MARIANO, 0000 Mr. President, I am fortunate enough young men and women of character for THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT to know both of these gentlemen: Adm. a career of selfless service to the Army IN THE UNITED STATES NAVY TO THE GRADE INDICATED UNDER TITLE 10, U.S.C., SECTION 624: Bob Natter, an extraordinary naval of- and the Nation. To be rear admiral (lower half) ficer who has been confirmed as a four- Dan Kaufman will expand that mis- star admiral; and, most particularly, I CAPT. NANCY E. BROWN, 0000 sion and move it forward for a genera- CAPT. DONALD K. BULLARD, 0000 am pleased that my colleagues have tion of West Point cadets who will CAPT. ALBERT M. CALLAND, III, 0000 confirmed the nomination of Col. Dan- CAPT. ROBERT T. CONWAY, JR., 0000 enter our Army and will do so better CAPT. JOHN P. CRYER, III, 0000 iel Kaufman to be a brigadier general prepared, as soldiers who are able to CAPT. THOMAS Q. DONALDSON, V, 0000 in the U.S. Army and dean of the Aca- CAPT. JOHN J. DONNELLY, 0000 lead as thoughtful members of our CAPT. STEVEN L. ENEWOLD, 0000 demic Board at West Point. military forces. CAPT. JAY C. GAUDIO, 0000 I have known Dan Kaufman for over CAPT. CHARLES S. HAMILTON, II, 0000 And something else. Because of his CAPT. JOHN C. HARVEY, JR., 0000 30 years. I was a plebe at West Point in example, because of the choices he will CAPT. TIMOTHY L. HEELY, 0000 Company C–2 when he was a first CAPT. CARLTON B. JEWETT, 0000 make, their hearts and their lives will CAPT. ROSANNE M. LEVITRE, 0000 classman in the summer 1967. He is an march to a very simple but profound CAPT. SAMUEL J. LOCKLEAR, III, 0000 extraordinary individual, a great sol- CAPT. RICHARD J. MAULDIN, 0000 cadence: Duty, honor, country. CAPT. ALEXANDER A. MILLER, 0000 dier, a distinguished scholar. I thank the majority leader and yield CAPT. MARK R. MILLIKEN, 0000 I also recognize the gentleman whom CAPT. CHRISTOPHER M. MOE, 0000 back my time. CAPT. MATTHEW G. MOFFIT, 0000 he is succeeding, Gen. Fletcher f CAPT. MICHAEL P. NOWAKOWSKI, 0000 Lamkin, who is the current dean. Gen- CAPT. STEPHEN R. PIETROPAOLI, 0000 LEGISLATIVE SESSION CAPT. PAUL J. RYAN, 0000 eral Lamkin has done an outstanding CAPT. MICHAEL A. SHARP, 0000 job at West Point. I thank him for his The PRESIDING OFFICER. Under CAPT. VINSON E. SMITH, 0000 CAPT. HAROLD D. STARLING, II, 0000 service. the previous order, the Senate will now CAPT. JAMES STAVRIDIS, 0000 But I am delighted to be able to return to legislative session. CAPT. PAUL E. SULLIVAN, 0000 CAPT. MICHAEL C. TRACY, 0000 stand here in the well of the Senate to f CAPT. MILES B. WACHENDORF, 0000 commend Dan Kaufman. He is a soldier CAPT. JOHN J. WAICKWICZ, 0000 first, a soldier of war above everything ORDERS FOR TUESDAY, JUNE 6, CAPT. ANTHONY L. WINNS, 0000 DEPARTMENT OF COMMERCE else. 2000 After graduating from West Point in Mr. LOTT. Mr. President, I ask unan- ROBERT S. LARUSSA, OF MARYLAND, TO BE UNDER SECRETARY OF COMMERCE FOR INTERNATIONAL TRADE, 1968, he volunteered for training as an imous consent that when the Senate VICE DAVID L. AARON, RESIGNED.
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DEPARTMENT OF STATE WATER SCHOLARSHIP AND EXCELLENCE IN EDUCATION IN THE ARMY FOUNDATION FOR A TERM EXPIRING AUGUST 11, 2002. ROBIN CHANDLER DUKE, OF NEW YORK, TO BE AMBAS- (REAPPOINTMENT) THE FOLLOWING NAMED OFFICER FOR APPOINTMENT SADOR EXTRAORDINARY AND PLENIPOTENTIARY OF THE JUDICIARY IN THE UNITED STATES ARMY AS DEAN OF THE ACA- THE UNITED STATES OF AMERICA TO NORWAY. DEMIC BOARD, UNITED STATES MILITARY ACADEMY, STEPHEN M. ORLOFSKY, OF NEW JERSEY, TO BE AND FOR APPOINTMENT TO THE GRADE INDICATED UNITED STATES INSTITUTE OF PEACE UNITED STATES CIRCUIT JUDGE FOR THE THIRD CIR- UNDER TITLE 10, U.S.C., SECTION 4335: CUIT, VICE MORTON I. GREENBERG, RETIRING. MARC E. LELAND, OF VIRGINIA, TO BE A MEMBER OF To be brigadier general THE BOARD OF DIRECTORS OF THE UNITED STATES IN- DEPARTMENT OF JUSTICE STITUTE OF PEACE FOR A TERM EXPIRING JANUARY 19, COL. DANIEL J. KAUFMAN, 0000 2003, VICE MAX M. KAMPLEMAN, TERM EXPIRED. NORMAN C. BAY, OF NEW MEXICO, TO BE UNITED STATES ATTORNEY FOR THE DISTRICT OF NEW MEXICO HARRIET M. ZIMMERMAN, OF FLORIDA, TO BE A MEM- IN THE NAVY BER OF THE BOARD OF DIRECTORS OF THE UNITED FOR THE TERM OF FOUR YEARS, VICE JOHN JOSEPH STATES INSTITUTE OF PEACE FOR A TERM EXPIRING KELLY, RESIGNED. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT JANUARY 19, 2003. (REAPPOINTMENT) f IN THE UNITED STATES NAVY TO THE GRADE INDICATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND BARRY GOLDWATER SCHOLARSHIP & CONFIRMATIONS RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: EXCELLENCE IN EDUCATION FOUNDATION To be admiral DONALD J. SUTHERLAND, OF NEW YORK, TO BE A MEM- Executive nominations confirmed by BER OF THE BOARD OF TRUSTEES OF THE BARRY GOLD- the Senate May 25, 2000: VICE ADM. ROBERT J. NATTER, 0000
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RIVERDALE COMMUNITY CENTER and women have to offer. Truly, it is one of I was shocked at the impudence of the Ger- the most challenging and rewarding under- man government in its application of the HON. ELIOT L. ENGEL takings of their lives. Hague Convention. But, I was even more out- Kyle is an outstanding student who brings a OF NEW YORK raged at the failure of our own government to special mix of leadership, service, and dedica- act as an aggressive advocate on behalf of IN THE HOUSE OF REPRESENTATIVES tion to the incoming class of West Point ca- American parents. The U.S. State Department Wednesday, May 24, 2000 dets. While attending Port Clinton High left him to fend for himself, which his ex-wife Mr. ENGEL. Mr. Speaker, nearly three dec- School, Kyle has attained a grade point aver- appeared to have all of Germany fighting for ades ago the rise in juvenile delinquency led age of 3.929, which places him seventh in his her. I wrote to Secretary Albright, our Ambas- to the creation of the Riverdale Community class of one hundred ninety-three students. sador to Germany, and others seeking assist- Center. It gave a growing number of teen- Kyle is a member of the National Honor Soci- ance, but my efforts were rebuffed as well. agers, who were unsupervised after school ety and has received the Port Clinton Kiwanis This happens to thousands of American par- because their parents worked, a place to go. Scholar Athlete Award for his academic ents every year, with similar responses. Drug and alcohol abuse were escalating as achievements. Today's resolution says with firm resolve was teen pregnancy. The dropout rate was Outside the classroom, Kyle has distin- that the U.S. Congress will stand with these also soaring. The Community Center was or- guished himself as an excellent student-ath- left-behind parents and fight for their children. ganized to provide a structure where, under lete. On the fields of competition, Kyle served When we unite with these parents in even a adult supervision, teens could escape the dan- as Captain of the Varsity Football team and simple ``sense of Congress'' resolution, things gerous crosscurrents of life in the streets. received the 1997 and 1998 Football Ironman can change and these nations will take notice. A free weekend recreation center was Award. Kyle is also a member of the Varsity Because of all the publicity that has been opened, then an after school program was Wrestling team and was named the 1997± generated by this resolution and this issue, my added followed by a drug outreach program. 1998 Most Improved Wrestler. He is the Presi- constituent's ex-wife finally complied with the Soon more than 1,400 teens a year partici- dent of the Leadership Council and is a mem- court-ordered visitation. He saw his little girl pated in the after school program. In addition, ber of the Varsity Club. In addition, Kyle has for the very first time in nearly four years last the Center developed an Adult and Youth performed in several school musicals and was week. As he puts it, ``I can't see her very Education Center where, for modest fees, a delegate to Buckeye Boys State. often, she doesn't speak English, and hardly families could take classes. This program now Mr. Speaker, I would ask my colleagues to knows who I am, but I feel like I just won the serves upwards of 1,000 children, adults and stand and join me in paying special tribute to lotto.'' seniors in a variety of courses. Kyle W. Hemminger. Our service academies That is what this is all about. I urge all of my Today, more than 2,400 people a year enjoy offer the finest education and military training colleagues to support H. Con. Res. 293. the many programs at the Riverdale Commu- available anywhere in the world. I am sure f nity Center. that Kyle will do very well during his career at The Center is a marvelous example of what West Point and I wish him the very best in all HONORING MR. GEORGE WILLIAM a community can do when faced with adver- of his future endeavors. ROBERTSON sity. Instead of wringing their hands, the par- f ents of Riverdale mobilized. The Riverdale URGING COMPLIANCE WITH HAGUE HON. STENY H. HOYER Community Center every year serves more CONVENTION ON CIVIL ASPECTS OF MARYLAND people in more and better ways. I am proud OF INTERNATIONAL CHILD AB- IN THE HOUSE OF REPRESENTATIVES to honor the Center on the occasion of its an- DUCTION Wednesday, May 24, 2000 nual brunch. I congratulate the Center for all it has accomplishedÐand it has accomplished SPEECH OF Mr. HOYER. Mr. Speaker, today I recognize an awful lot. HON. TILLIE K. FOWLER and honor the life of Mr. George William Rob- f ertson, a community activist in Southern Mary- OF FLORIDA land fondly known simply as ``Capt. Billy.'' IN SPECIAL RECOGNITION OF IN THE HOUSE OF REPRESENTATIVES Captain Billy was born in Baltimore on June KYLE W. HEMMINGER ON HIS Tuesday, May 23, 2000 12, 1930, and grew up along the Potomac APPOINTMENT TO ATTEND THE Mrs. FOWLER. Mr. Speaker, I rise in strong River. By the age of 19, he knew he wanted UNITED STATES MILITARY support of H. Con. Res. 293, which urges all to live off the water and built Robertson's ACADEMY AT WEST POINT parties to the Hague Convention on the Civil Crabhouse on the Potomac shores in Popes Aspects of International Child Abduction to Creek. He purchased Capt. Drink's restaurant HON. PAUL E. GILLMOR comply with this important treaty. in 1986 and renamed it Capt. Billy's. OF OHIO Too many countries that have signed this Captain Billy had many pastimes. In addition IN THE HOUSE OF REPRESENTATIVES compact fail to live up to its principles. Wheth- to his passions for the water and his res- er by design or passivity, these countries act taurant, he owned Dahlgren Hardware Store in Wednesday, May 24, 2000 as obstacles to reuniting parents with their kid- Virginia, was an avid horseman as he loved to Mr. GILLMOR. Mr. Speaker, I rise today to napped children. This not only occurs with race with friend Gene Euster, a zealous golfer, pay special tribute to an outstanding young rogue nations that ignore basic human rights; and a competitive bowler who was inducted man from Ohio's Fifth Congressional District. I but even some of our closest allies. into the Duckpin's Bowler's Hall of Fame. An- am happy to announce that Kyle W. I first became acquainted with this issue other passion of his was cars, which he turned Hemminger of Port Clinton, Ohio, has been of- several years ago when a constituent of mine into a business by opening Capt. Billy's Auto fered an appointment to attend the United lost his only daughter to his German ex-wife. Sales on U.S. 301 in La Plata. Every week States Military Academy at West Point, New She was only 15-months old. For the next four with friend Dave Phillips, he attended car auc- York. years, he followed the Hague Convention to tions throughout Maryland and Pennsylvania. Mr. Speaker, Kyle's offer of appointment the letter, going to court in the United States Captain Billy was diagnosed with gall blad- poises him to attend the United States Military and Germany to seek custody and visitation der cancer in January 1999. Together with his Academy this fall with the incoming cadet with his little girl and paying child support. friend Robert Mitchell, he sponsored a benefit class of 2004. Attending one of our nation's Though a German court eventually awarded golf tournament in August 1999 at Swan Point military academies is an invaluable experience him visitation rights, his wife refused to comply Golf Course in Issue. Four hundred golfers that offers a world-class education and de- and the German courts failed to enforce their participated to raise $170,000 for the Amer- mands the very best that these young men own orders. ican Cancer Society. For his efforts to fight the
∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.
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MAKING NEWCOMERS COMPETENT TEACHERS good test scores. You have to get in the habit The average Kelso second-grader reached The district has found a way to turn green of taking it seriously,’ ’’ said Williams, 25, a the 71st percentile in reading and the 79th newcomers such as Andrew Gin into com- graduate of UC Irvine. ‘‘I want to instill in percentile in math on last year’s Stanford 9. petent instructors. Gin arrived at Payne Ele- them that these universities are out there. The scores are comparable to the district av- mentary School two years ago, after fleeing Some of these students don’t hear that or erage for second-grader in Irvine and Beverly an unhappy career as a stock analyst for in- haven’t thought about it. When I ask them Hills, which have two of the region’s most af- vestment firms in Los Angeles. He brought about colleges, they mention El Camino or fluent school systems. Bennett-Kew’s scores enthusiasm, energy and a desire to work Southwest two local community colleges.’’ also were high: The average third-grader was with children—but zero job skills. ‘‘I didn’t Nine-year-old La Tijera Avery has already in the 58th percentile in reading and the 84th know where to begin,’’ he recalled. picked her university. It’s Stanford. in math. At Payne, Gin was handed the Open Court ‘‘I want to grow up to be a great doctor The scores mean that the students were in reading program and a thick teacher’s man- who helps people who get stick,’’ said La the top echelons of test-takers nationwide. ual that told him what skills to teach every Tijera, who earns mostly as an impressive Thompson and Ichinaga are a contrast in day, even when to praise his second-graders. Standard 9 test scores—the 62nd percentile styles. While she was principal, Thompson ‘‘It was a godsend,’’ he said, ‘‘like a huge in reading and the 85 percentile in math. was a quiet force on campus, personally outline.’’ La Tijera’s mothers, La Tasha Holden, is training her teachers and parents while Meanwhile, Gin became a student in this thrilled with her daughter’s progress. When keeping a low public profile. Ichinaga is an own school. Payne’s teachers became his the family moved across Inglewood a few outspoken advocate for her methods and a mentors. years ago, Holden purposely kept La Tijera master at delegating authority to her best Principal Georgia Leynaert began visiting at Hudnall. The philosophy of the school, she teachers. Gin’s classroom regularly to teach him tech- believed, reflected the values she teaches at ‘‘I’m dismayed that so many people still niques for engaging students. Two senior home. believe if you’re a minority by color or lan- teachers met with Gin at lunch and after ‘‘My kids are going to college if I have to guage, you’re at a disadvantage,’’ Ichinaga school, showing him how to design lesson give every penny I have or sell my house,’’ said. ‘‘I don’t believe that for a minute. We plans and giving him tips on games that en- Holden said. have to get rid of that mentality.’’ courage learning, such as math bingo. A STRONG LEADERSHIP SEEN AS CRUCIAL Ichinaga’s campus has drawn more atten- reading coach helped demonstrate Open When educators speak about school reform, tion in recent years because of the visible Court. they inevitably seize on the issue of leader- role she has taken in education reform. She ‘‘Whenever I need something clarified or ship. High-performing campuses, the experts sat on the task force that helped draft Gov. explained, I know where to go,’’ said Gin, 33, say, are led by able principals who firmly Gray Davis’ education agenda shortly after who is working toward his credential at Cal manage, show a keen ability to motivate he was elected two years ago, and she is reg- State L.A. teachers, set unambiguous goals and estab- ularly invited to speak at education con- More than half of Payne’s teachers have lish a serious academic tone. ferences. Davis appointed her this year to emergency credentials. Still, in a school Two of the lowest-performing elementary the State Board of Education. where 87% of the students qualify for sub- schools in Ingelwood have faced regular Although Bennett-Kew has received more sidized lunches and 72% speak limited turnover among top administrators. Lane, a acclaim, Kelso, a year-around school, has English, Payne earned a rank of 7 on the kindergarten through eighth-grade school quietly assumed the top rank in the district. state’s new accountability index, placing it that earned a 3 on the state’s accountability One reason, Thompson and Kelso’s teachers among the top third of elementary schools in index, has had eight principals in 10 years, say, is that all students are invited to take California. said the latest administrator to hold that po- classes during their vacation breaks for a ‘‘If you hire right, then inexperience sition. few hours a day. Up to two-thirds of her stu- doesn’t have to be a negative,’’ Leynaert dents return, meaning they literally attend Since taking over at Lane 21⁄2 years ago, said. ‘‘You hire people who are going to be Principal Adrienne Jackson has replaced school all year long. good. Then you give them structure so that about half her staff and opened a school li- ‘‘We’re committed to overturning percep- no teacher is left out there alone.’’ brary for the first time in years. Lane’s read- tion in education—that so-called low socio- DRIVEN BY HIGH EXPECTATIONS ing test scores have improved an average of economic children can’t learn.’’ said Linda Payne and the other schools also are driv- eight point during her tenure. Stevenson, a longtime Kelso teacher who en by high expectations, an intangible qual- None of the administrators has done the was the first to use Open Court at school. ity that shapes the culture of their cam- job as successfully as Ichinaga and Thomp- ‘‘Of course, they can learn. We’re here to puses. son, the longtime principals of Bennett-Kew prove it.’’ Teachers reject the idea that their stu- and Kelso, respectively f dents are destined for mediocrity because Both have made careers of bucking the they are poor or speak limited English. In- educational establishment. MAIN STREET POOCH stead, they demand that students meet the Ichinaga and Thompson began using Open state’s academic standards. Court in the mid-1980s, and stuck with it ‘‘If you set high expectations for children, even as phonics was being phased out in Cali- HON. GEORGE MILLER they generally rise to the occasion,’’ said fornia. They hewed to scripted math pro- OF CALIFORNIA Norma Baker, principal of Hudnall Elemen- grams that stressed basic computational IN THE HOUSE OF REPRESENTATIVES skills, even as the state moved to more ex- tary School, which earned a state rank of 8 Wednesday, May 24, 2000 with nearly half the students still learning perimental approaches. to speak English. ‘‘You get what you ex- Both also required their teachers to give Mr. GEORGE MILLER of California. Mr. pect.’’ regular student assessments, and they per- Speaker, the people of Martinez, California, That message literally surrounds the stu- sonally analyzed the results, a previously lost a great friend and a fixture in the commu- dents in Barbra Williams’ fourth-grade class- unheard-of practice that is only now gaining nity with the death of Charlie, the beloved room at Hudnall. currency in schools. Mock graduation caps with black tassels In addition, both long ago said no to social golden retriever and member of the Ross fam- hang from the ceiling. Each has the name of promotion, holding back failing kinder- ily. Mr. Speaker, the relationship between an elite university scrawled in white letters gartners in ‘‘junior first’’ classes that pro- Gene Ross and his dog, Charlie, was wonder- on the back: Stanford, Harvard, Yale, vide an extra year of phonics practice. ful to behold. They went everywhere together. Princeton. And both rejected bilingual education two Whether Gene was running in the hills of Al- The walls carry similar messages. A sign decades before California voters officially hambra Valley or the trails of the Sierra Moun- on one wall ways, ‘‘ENGLISH MAJORS ended the practice in 1997. tains above the Tahoe Basin, Charlie was al- EXCEL,’’ in big black letters, with student ‘‘I didn’t believe in bilingual education, ways at his side. And if you walked or ran with reports stapled to the wall. A sign on an- and my parents were dead set against it,’’ other wall ways, ‘‘MATH MASTERS’’; the said Thompson, a former first-grade teacher them, you could listen to their constant con- wall features colored pictures of sliced pizzas in Inglewood. ‘‘I didn’t need a job bad enough versation. that the students created to demonstrate to violate my ethics.’’ During summer vacations at Donner Lake, fractions. The banner on a third wall ways, For Inchinaga, the decision grew out of Charlie would dive into the chilly water where ‘‘SOCIAL STUDIES SCHOLARS.’’ personal experience: She was reared in a Jap- others were timid. He especially loved it when Williams requires all of her students to anese-speaking home on a Hawaiian sugar the kids were in the water, so he could look write essays at the end of the year about uni- cane plantation but attended schools that after them and swim with them. As friends and versities they will attend, and to select ma- taught in English. ‘‘My kids come to school family gather for the upcoming traditional jors they plan to study. Students are encour- much like I was, with very little English,’’ aged to collect admissions packets in the she said. Fourth of July festivities at the Ross cabin, this course of their research. These principals’ methods, and the sta- year will be different. This year just before the ‘‘I tell them. ‘You have to go to a really bility they brought, are reflected in test fireworks start, we will not kid Gene as he good college. You have to get good grades, scores. talks to Charlie to calm him down about the
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HIGHLIGHTS Senate agreed to the Conference Report on Agricultural Risk Protection Act. The House agreed to the Conference Report on H.R. 2559, Agricultural Risk Protection Act. The House passed H.R. 3916, Repeal of Spanish-American War Tele- phone Excise Tax. The House agreed to H. Con. Res. 331, Commending Israel for Its With- drawal From Southern Lebanon. House Committees ordered reported 7 sundry measures, including the Defense and Interior appropriations for fiscal year 2001, and the Death Tax Elimination Act. Senate National Moment of Remembrance: Committee Chamber Action on the Judiciary was discharged from further consid- Routine Proceedings, pages S4399–S4506 eration of H. Con. Res. 302, calling on the people Measures Introduced: Thirty-nine bills and four of the United States to observe a National Moment resolutions were introduced, as follows: S. of Remembrance to honor the men and women of 2630–2668, S. Res. 314–316, and S. Con. Res. 118. the United States who died in the pursuit of free- Pages S4459±60 dom and peace, and the resolution was then agreed to. Pages S4499±S4500 Measures Reported: Reports were made as follows: S. 2277, to terminate the application of title IV Sierra Leone Civil War Crimes: Senate agreed to of the Trade Act of 1974 with respect to the Peo- S. Res. 315, expressing the sense of the Senate re- ple’s Republic of China. (S. Rept. No. 106–305) garding the crimes and abuses committed against the people of Sierra Leone by the Revolutionary S. 1854, to reform the Hart-Scott-Rodino Anti- United Front. Pages S4500±01 trust Improvements Act of 1976, with an amend- ment in the nature of a substitute. Page S4459 Honoring Vietnam Veterans: Committee on En- ergy and Natural Resources was discharged from fur- Measures Passed: ther consideration H.R. 3293, to amend the law that Adjournment Resolution: Senate agreed to H. authorized the Vietnam Veterans Memorial to au- Con. Res. 336, providing for a conditional adjourn- thorize the placement within the site of the memo- ment of the House of Representatives and a condi- rial of a plaque to honor those Vietnam veterans who tional recess or adjournment of the Senate. died after their service in the Vietnam war, but as Page S4496 a direct result of that service, and the bill was then 2000 District of Columbia Special Olympics passed, clearing the measure for the President. Law Enforcement Torch Run: Committee on Rules Page S4501 and Administration was discharged from further con- Immigration and Naturalization Service Data sideration of H. Con. Res. 280, authorizing the Management Improvement Act: Senate passed H.R. 2000 District of Columbia Special Olympics Law 4489, to amend section 110 of the Illegal Immigra- Enforcement Torch Run to be run through the Cap- tion Reform and Immigrant Responsibility Act of itol Grounds, and the resolution was then agreed to. 1996, clearing the measure for the President. Page S4499 Pages S4501±04 D529
VerDate 11-MAY-2000 08:15 May 26, 2000 Jkt 079060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D25MY0.REC pfrm04 PsN: D25MY0 D530 CONGRESSIONAL RECORD — DAILY DIGEST May 25, 2000 Honoring Judge Daniel H. Thomas: Senate Nominations Received: Senate received the fol- agreed to S. Res. 316, honoring Senior Judge Daniel lowing nominations: H. Thomas of the United States District Court for Robert S. LaRussa, of Maryland, to be Under Sec- the Southern District of Alabama. Pages S4504±05 retary of Commerce for International Trade. Legislative Branch Appropriations: Senate com- Robin Chandler Duke, of New York, to be Am- pleted consideration of S. 2603, making appropria- bassador to Norway. tions for the Legislative Branch for the fiscal year Marc E. Leland, of Virginia, to be a Member of ending September 30, 2001, after agreeing to the the Board of Directors of the United States Institute following amendment proposed thereto: of Peace for a term expiring January 19, 2003. Pages S4405±07 Harriet M. Zimmerman, of Florida, to be a Mem- By a unanimous vote of 100 yeas (Vote No. 113), ber of the Board of Directors of the United States Mikulski Amendment No. 3166, to express the Institute of Peace for a term expiring January 19, sense of the Senate commending the United States 2003. (Reappointment) Capitol Police. Pages S4405±06 Donald J. Sutherland, of New York, to be a Mem- During consideration of this measure today, the ber of the Board of Trustees of the Barry Goldwater Senate also took the following action: Scholarship and Excellence in Education Foundation By 98 yeas to 2 nays (Vote No. 114), Senate for a term expiring August 11, 2002. (Reappoint- agreed to the motion to advance the bill to third ment) reading. Pages S4406±07 Stephen M. Orlofsky, of New Jersey, to be United Subsequently, S. 2603 was returned to the Senate States Circuit Judge for the Third Circuit. calendar. Page S4407 Norman C. Bay, of New Mexico, to be United Agricultural Risk Protection Act—Conference States Attorney for the District of New Mexico for Report: By 91 yeas to 4 nays (Vote No. 115), Sen- the term of four years. ate agreed to the conference report on H.R. 2559, 33 Navy nominations in the rank of admiral. to amend the Federal Crop Insurance Act to Pages S4505±06 strengthen the safety net for agricultural producers by providing greater access to more affordable risk Messages From the President: Pages S4458±59 management tools and improved protection from Messages From the House: Page S4459 production and income loss, and to improve the effi- ciency and integrity of the Federal crop insurance Measures Referred: Page S4459 program, clearing the measure for the President. Measures Placed on Calendar: Page S4459 Pages S4416±43 Measures Read First Time: Page S4459 Messages From the President: Senate received the Communications: Page S4459 following messages from the President of the United States: Statements on Introduced Bills: Pages S4461±87 Transmitting, pursuant to law, a notice con- Additional Cosponsors: Pages S4487±89 cerning the Continuation of Emergency with Respect Amendments Submitted: Pages S4491±92 to the Federal Republic of Yugoslavia (Serbia and Montenegro), the Bosnian Serbs, and Kosovo; to the Notices of Hearings: Page S4492 Committee on Banking, Housing, and Urban Affairs. Authority for Committees: Pages S4492±93 (PM–110) Page S4458 Additional Statements: Pages S4455±58 Transmitting pursuant to law a 6-month periodic report to Congress on the National Emergencies Privileges of the Floor: Page S4493 with Respect to the Federal Republic of Yugoslavia Record Votes: Three record votes were taken today. (Serbia & Montenegro); referred to the Committee on (Total—115) Pages S4406±07, S4441 Banking, Housing, and Urban Affairs. (PM–111) Pages S4458±59 Adjournment: Senate convened at 9:31 a.m., and pursuant to the provisions of H. Con. Res. 336, ad- Nominations Confirmed: Senate confirmed the fol- journed at 5:20 p.m., until 10 a.m., on Tuesday, lowing nominations: June 6, 2000. (For Senate’s program, see the remarks 1 Army nomination in the rank of general. of the Majority Leader in today’s Record on page 1 Navy nomination in the rank of admiral. S4505.) Pages S4505±06
VerDate 11-MAY-2000 08:15 May 26, 2000 Jkt 079060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D25MY0.REC pfrm04 PsN: D25MY0 May 25, 2000 CONGRESSIONAL RECORD — DAILY DIGEST D531 poration, Wall, New Jersey, on behalf of the Distrib- Committee Meetings uted Power Coalition of America; and Paul C. (Committees not listed did not meet) Kerkhoven, Natural Gas Vehicle Coalition, Arling- ton, Virginia. COMPETITION AND INNOVATION IN Hearings recessed subject to call. CREDIT CARD INDUSTRY SNOWMOBILE PARK PROHIBITION Committee on Banking, Housing, and Urban Affairs: Committee on Energy and Natural Resources: Sub- Subcommittee on Financial Institutions concluded committee on National Parks, Historic Preservation, hearings on competition and innovation in the credit and Recreation concluded oversight hearings to ex- card industry at the consumer and network level, amine the status of planning efforts regarding the after receiving testimony from Philip J. Purcell, use of snowmobiles in Yellowstone and Grand Teton Morgan Stanley Dean Witter and Co., Harvey National Parks and on the recent decision by the Golub, American Express, and Noah J. Hanft, Department of the Interior to prohibit snowmobile MasterCard International Incorporated, all of New activities in other units of the National Park System, York, New York; Paul Allen, Visa U.S.A. Inc., Fos- after receiving testimony from Donald J. Barry, As- ter City, California; Frank Torres, III, Consumers sistant Secretary of the Interior for Fish, Wildlife, Union, Washington, D.C.; and David S. Evans, Na- and Parks; Kim Raap, Wyoming State Parks Depart- tional Economic Research Associates, Inc., Cam- ment, Cheyenne; Mark Simonich, Montana Depart- bridge, Massachusetts. ment of Environmental Quality, Helena; Chris INTERNET PRIVACY POLICIES Twoney, Arctic Cat, Inc., Thief River Falls, Min- nesota, on behalf of the International Snowmobile Committee on Commerce, Science, and Transportation: Manufacturers Association; Sean Smith, Bluewater Committee held hearings to examine a Federal Trade Network, San Francisco, California; Tim Wade, Park Commission report of Internet privacy policies issues, County Commission, Cody, Wyoming, on behalf of including collection and use of consumers’ personal the Cooperating Counties in the Winter Use; Mi- information by commercial sites on the World Wide chael D. Scott, Greater Yellowstone Coalition, Boze- Web, and begin the process of developing consensus man, Montana, on behalf of the Wilderness Society about the best way to enable consumers to protect and the Natural Resources Defense Council; Kevin their privacy online, receiving testimony from Rob- Collins, National Parks Conservation Association, ert Pitofsky, Chairman, and Sheila F. Anthony, Washington, D.C.; Teri Manning, Wyoming State Mozelle W. Thompson, Orson Swindle, and Thomas Snowmobile Association, Jackson Hole, Wyoming; B. Leary, all Commissioners, all of the Federal Trade and William Manson, Grand Rapids, Michigan, on Commission; Jill A. Lesser, America Online, Inc., behalf of the American Council of Snowmobile Asso- Christine Varney, Hogan and Hartson, on behalf of ciations, Inc. the Online Privacy Alliance, and Jerry Berman, Cen- ter for Democracy and Technology, all of Wash- BREAST CANCER SEMIPOSTAL STAMPS ington, D.C.; Jason Catlett, Junkbusters Corporation, Committee on Governmental Affairs: Subcommittee on Green Brook, New Jersey; and Daniel J. Weitzner, International Security, Proliferation and Federal Serv- World Wide Web Consortium, Cambridge, Massa- ices concluded hearings to examine the U.S. Postal chusetts. Service campaign on the issuance of the Breast Can- Hearings recessed subject to call. cer Research semipostal stamps, and the future of U.S. NATURAL GAS CONSUMPTION fund-raising stamps, after receiving testimony from Senators DeWine and Feinstein; Deborah K. Committee on Energy and Natural Resources: Committee Willhite, Senior Vice President, Government Rela- held oversight hearings to examine the benefits of tions and Public Policy, United States Postal Service; natural gas, including its natural abundance, clean- and Bernard L. Ungar, Director, Government Busi- burning attributes, cost and efficiency advantages, ness Operations Issues, General Government Divi- and safe and reliable delivery, and the potential for sion, General Accounting Office. a sharp increase of United States consumption over the next decade, receiving testimony from Jay E. INTERNET SECURITY AND PRIVACY Hakes, Administrator, Energy Information Adminis- Committee on the Judiciary: Committee concluded tration, Department of Energy; William F. Martin, hearings to examine proposed legislation to enhance Washington Policy and Analysis, Washington, D.C.; the protections of the Internet and the critical infra- Robert W. Best, Atmos Energy Corporation, Dallas, structure of the United States, related to Internet se- Texas, on behalf of the American Gas Association; curity and privacy issues, and the development and Laurence M. Downes, New Jersey Resources Cor- implementation of public policies that advance these
VerDate 11-MAY-2000 08:15 May 26, 2000 Jkt 079060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D25MY0.REC pfrm04 PsN: D25MY0 D532 CONGRESSIONAL RECORD — DAILY DIGEST May 25, 2000 issues, after receiving testimony from Michael A. Gregory was introduced by Resident Commissioner Vatis, Director, National Infrastructure Protection Carlos Romero-Barcelo´, Ms. Martin was introduced Center, Federal Bureau of Investigation, and James by Senators Coverdell and Cleland and Representa- K. Robinson, Assistant Attorney General, Criminal tive Chambliss, and Ms. Swain was introduced by Division, both of the Department of Justice; Bruce Senator Schumer. J. Heiman, Americans for Computer Privacy, Jeff B. Richards, Internet Alliance, and James X. Dempsey, GENE THERAPY SAFETY Center for Democracy and Technology, all of Wash- Committee on Health, Education, Labor, and Pensions: ington, D.C.; and Richard Pethia, Carnegie Mellon Subcommittee on Public Health held hearings to ex- University Software Engineering Institute, Pitts- burgh, Pennsylvania. amine safety of patients who participate in experi- mental gene therapy research and clinical trials, re- NOMINATIONS cent revelations regarding lapses in patient safety Committee on the Judiciary: Committee concluded and compliance with federal regulations, and the hearings on the nominations of Daniel Marcus, of need to strengthen our current federal oversight sys- Maryland, to be Associate Attorney General, Depart- tem, receiving testimony from William F. Raub, ment of Justice, Bonnie J. Campbell, of Iowa, to be Deputy Assistant Secretary of Health and Human United States Circuit Judge for the Eighth Circuit, Services for Science Policy; Savio L. C. Woo, Mount Jay A. Garcia-Gregory, to be United States District Sinai School of Medicine Institute of Gene Therapy Judge for the District of Puerto Rico, Beverly B. and Molecular Medicine, New York, New York, on Martin, to be United States District Judge for the behalf of the American Society of Gene Therapy; Northern District of Georgia, and Laura Taylor Pamela L. Zeitlin, Johns Hopkins Hospital Pediatric Swain, to be United States District Judge for the General Clinical Research Center, Baltimore, Mary- Southern District of New York, after the nominees land, on behalf of the Cystic Fibrosis Foundation; testified and answered questions in their own behalf. Lisa Raines, Genzyme Corporation, Cambridge, Mas- Mr. Marcus was introduced by Senator Sarbanes and sachusetts; and Thomas H. Murray, Hastings Center, Representative Morella, Ms. Campbell was intro- Garrison, New York. duced by Senators Grassley and Harkin, Mr. Garcia- Hearings recessed subject to call. h House of Representatives Guest Chaplain: The prayer was offered by the Chamber Action guest Chaplain, Rev. Alphas Townsend of Bronx, Bills Introduced: 36 public bills, H.R. 4540–4575; New York. Page H3815 and 8 resolutions, H. Con. Res. 336–343, were in- Agricultural Risk Protection Act Conference Re- troduced. Pages H3867±68 port: The House agreed to the conference report on Reports Filed: Reports were filed today as follows: H.R. 2559, to amend the Federal Crop Insurance H.R. 4402, to amend the American Competitive- Act to strengthen the safety net for agricultural pro- ness and Workforce Improvement Act of 1998 to ducers by providing greater access to more affordable improve the use of amounts deposited into the risk management tools and improved protection H–1B Nonimmigrant Petitioner Account for dem- from production and income loss, to improve the ef- onstration programs and projects to provide technical ficiency and integrity of the Federal crop insurance skills training for occupations for which there is a program. Pages H3817±28 high demand for skilled workers, amended (H. Rept. Agreed to H. Res. 512, the rule that waived 106–642); and points of order against the conference report. H.R. 1882, to amend provisions of law enacted by Pages H3816±17 the Small Business Regulatory Enforcement Fairness Recess: The House recessed at 11:46 a.m. and re- Act of 1996 to ensure full analysis of potential im- convened at 11:57 p.m. Page H3830 pacts on small entities of rules proposed by certain Ban on Partial Birth Abortions: Pursuant to H. agencies (H. Rept. 106–643, Pt. 1). Pages H3866±67 Res. 457, the House passed S. 1692, after striking all after the enacting clause and inserting the provi- sions of H.R. 3660, to amend title 18, United States
VerDate 11-MAY-2000 08:15 May 26, 2000 Jkt 079060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D25MY0.REC pfrm04 PsN: D25MY0 May 25, 2000 CONGRESSIONAL RECORD — DAILY DIGEST D533 Code, to ban partial-birth abortions, as passed the eral Register Notice on the national emergency de- House. The House then insisted on its amendment clared with respect to the Federal Republic of Yugo- and requested a conference with the Senate. Ap- slavia (Serbia and Montenegro), Bosnian Serb Forces, pointed as conferees: Chairman Hyde and Represent- and Kosovo—referred to the Committee on Inter- atives Canady, Goodlatte, Conyers, and Watt of national Relations and ordered printed (H. Doc. North Carolina. Pages H3829±30 106–249). Pages H3855±56 Earlier agreed to the Conyers motion to instruct conferees to meet promptly with the Senate on all Memorial Day District Work Period: The House agreed to H. Con. Res. 336, providing for an ad- issues committed to conference. Page H3829 journment of both Houses of Congress. Pursuant to Commending Israel for Its Withdrawal From the concurrent resolution the House will stand ad- Southern Lebanon: The House agreed to H. Con. journed for the Memorial Day District Work Period Res. 331, commending Israel’s redeployment from until 10:30 a.m. on Tuesday, June 6, 2000 for southern Lebanon by a yea and nay vote of 403 yeas morning-hour debate. Page H3828 to 3 nays with 2 voting ‘‘present’’, Roll No. 231. Pages H3840±41 Speaker Pro Tempore: Read a letter from the Speaker wherein Representative Wolf was designated Late Reports Committee on Appropriations: The to sign enrolled bills and joint resolutions through Committee on Appropriations received permission to have until midnight on June 1 to file privileged re- June 6. Page H3854 ports on measures making FY 2001 appropriations Resignations—Appointments: Agreed that not- for the Department of Defense; Departments of withstanding any adjournment of the House until Labor, Health and Human Services, Education, and Tuesday, June 6, 2000, the Speaker, Majority Leader related agencies; and Department of Interior and re- and Minority Leader be authorized to accept resigna- lated agencies. Page H3841 tions and to make appointments authorized by law Repeal of Spanish-American War Telephone Ex- or by the House. Page H3854 cise Tax: The House passed H.R. 3916, to amend Calendar Wednesday: Agreed to dispense with the the Internal Revenue Code of 1986 to repeal the ex- business in order under the Calendar Wednesday cise tax on telephone and other communication serv- rule on Wednesday, June 7, 2000. Page H3854 ices by a recorded vote of 420 ayes to 2 noes, Roll Senate Messages: Message received from the Senate No. 233. Pages H3842±54 Rejected the Doggett motion to recommit the bill appears on page H3865. to the Committee on Ways and Means with instruc- Referrals: S. 484 was referred to the Committees on tions to report it back with an amendment that im- the Judiciary and International Relations. S. Con. poses additional reporting requirements on section Res. 110 was referred to the Committee on Inter- 527 organizations in order to obtain the telephone national Relations. Page H3865 excise tax relief by a yea and nay vote of 208 yeas Amendments: Amendments ordered printed pursu- to 214 nays, Roll No. 232. Pages H3851±53 ant to the rule appear on pages H3869–70. House agreed to H. Res. 511, the rule that pro- vided for consideration of the bill by a recorded vote Quorum Calls—Votes: Three yea and nay votes and of 404 ayes to 15 noes, Roll No. 230. Earlier, agreed two recorded votes developed during the proceedings to order the previous question by a yea and nay vote of the House today and appear on pages H3839–40, of 221 yeas to 201 nays, Roll No. 229. H3840, H3840–41, H3853, and H3853–54. There Pages H3830±40 were no quorum calls. Presidential Messages: Read the following mes- Adjournment: The House met at 10:00 a.m. and sages from the President: adjourned at 5:14 p.m., pursuant to the provisions National Emergency Re Yugoslavia and Kosovo: of H. Con. Res. 336, until Tuesday, June 6. Read a message from the President wherein he trans- mitted his 6 month periodic report on the national emergency with respect to Yugoslavia (Serbia and Committee Meetings Montenegro) and Kosovo—referred to the Com- mittee on International Relations and ordered print- DEFENSE AND INTERIOR ed (H. Doc. 106–248); and Page H3855 APPROPRIATIONS Federal Register Notice Re Yugoslavia, Bosnia, Committee on Appropriations: Ordered reported the fol- and Kosovo National Emergency: Read a message lowing appropriations for fiscal year 2001: Defense from the President wherein he transmitted his Fed- and Interior.
VerDate 11-MAY-2000 08:15 May 26, 2000 Jkt 079060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\CR\FM\D25MY0.REC pfrm04 PsN: D25MY0 D534 CONGRESSIONAL RECORD — DAILY DIGEST May 25, 2000 NIGERIA IN TRANSITION COPYRIGHT OFFICE AND SOUND Committee on Banking and Financial Services: Sub- RECORDINGS committee on Domestic and International Monetary Committee on the Judiciary: Subcommittee on Courts Policy held a hearing on Nigeria in Transition. Tes- and Intellectual Property held an oversight hearing timony was heard from the following officials of the on ‘‘The United States Copyright Office and Sound Department of the Treasury: William Schuerch, Recordings as Work for Hire.’’ Testimony was heard Deputy Assistant Secretary, International Develop- from Marybeth Peters, Register of Copyright, Copy- ment, Debt, and Environmental Policy; and Steve right Office of the United States, Library of Con- Radelet, Deputy Assistant Secretary, Africa, Middle gress; and public witnesses. East and South Asia; and public witnesses. OVERSIGHT—FEDERAL AGENCIES AND HUD ASSISTED HOUSING—INCOME AIRPORTS SECURITY BREACHES VERIFICATION Committee on the Judiciary: Subcommittee on Crime Committee on the Budget: Housing and Infrastructure held an oversight hearing on ‘‘Breaches of Security Task Force held a hearing on ‘‘Lack of Income at Federal Agencies and Airports.’’ Testimony was Verification in HUD Assisted Housing’’, the Need heard from Robert Hast, Assistant Controller Gen- to Eliminate Overpayments. Testimony was heard eral, Special Investigations, Office of Special Inves- from the following officials of the Department of tigations, GAO. Housing and Urban Development: Raymond A. AMERICAN COMPETITIVENESS AND Carolan, Special Agent in Charge, New England WORKFORCE IMPROVEMENT ACT District; Emil J. Schuster, Special Agent in Charge, IMPLEMENTATION Southeast/Caribbean District, both with the Office of Committee on the Judiciary: Subcommittee on Immi- Inspector General; and Saul Ramirez, Deputy Sec- gration and Claims held an oversight hearing on retary; and a public witness. ‘‘The Status of Regulations Implementing the Amer- INTERNET PHARMACEUTICAL SALES— ican Competitiveness and Workforce Improvement ENFORCING THE LAWS Act of 1998.,’’ Testimony was heard from John Fra- ser, Deputy Administrator, Wage and Hour Divi- Committee on Commerce: Subcommittee on Oversight sion, Employment Standards Administration, De- and Investigations held a hearing entitled: ‘‘Enforc- partment of Labor; John Spotila, Administrator, Of- ing the Laws on Internet Pharmaceutical Sales: fice of Information Policy and Regulatory Affairs, Where are the Feds?’’ Testimony was heard from OMB; and public witnesses. William K. Hubbard, Senior Associate Commis- sioner, Policy, Planning and Legislation, FDA, De- OVERSIGHT—OCEAN RESEARCH partment of Health and Human Services; Ethan ADVISORY PANEL REPORT Posner, Deputy Associate Attorney General, Depart- Committee on Resources: Subcommittee on Fisheries ment of Justice; Betsy Durant, Director, Office of Conservation, Wildlife and Oceans and the Sub- Trade Programs, U.S. Customs Service, Department committee on Military Research and Development of of the Treasury; and Carla Stovall, Attorney General, the Committee on Armed Services held a joint over- State of Kansas. sight hearing on the Ocean Research Advisory Panel OVERSIGHT—BROADBAND report, An Integrated Ocean Observing System: A TECHNOLOGIES DEPLOYMENT Strategy for Implementing the First Steps of a U.S. Plan. Testimony was heard from D. James Baker, Committee on Commerce: Subcommittee on Tele- Under Secretary, Oceans and Atmosphere, NOAA, communications, Trade, and Consumer Protection Department of Commerce; Rear Adm. Paul Gaffney, held an oversight hearing on the deployment of USN, Chief of Naval Research, Department of the broadband technologies. Testimony was heard from Navy, Department of Defense; and public witnesses. Representatives Goodlatte and Cannon; and public witnesses. OVERSIGHT—SNOWMOBILE RECREATION IN NATIONAL PARKS MISCELLANEOUS MEASURES Committee on Resources: Subcommittee on National Committee on Education and the Workforce: Ordered re- Parks and Public Lands held an oversight hearing on ported, as amended, the following bills: H.R. 4504, Snowmobile Recreation in National Parks, particu- Higher Education Technical Amendments of 2000; larly Yellowstone National Park. Testimony was and H.R. 4079, to require the Comptroller General heard from Senator Grams; Representatives Peterson of the United States to conduct a comprehensive of Minnesota, Oberstar, Chenoweth-Hage and Wal- fraud audit of the Department of Education. den of Oregon; Donald J. Berry, Assistant Secretary,
VerDate 11-MAY-2000 08:15 May 26, 2000 Jkt 079060 PO 00000 Frm 00006 Fmt 0627 Sfmt 0627 E:\CR\FM\D25MY0.REC pfrm04 PsN: D25MY0 May 25, 2000 CONGRESSIONAL RECORD — DAILY DIGEST D535 Fish and Wildlife and Parks, Department of the In- Defense joint pharmacy procurement. Testimony was terior; Jerry Johnson, Mayor, West Yellowstone, heard from Steven P. Backhus, Director, Veterans’ State of Montana; Kim Raap, Manager, State Trails Affairs and Military Health Care Issues, Health, Program, Division of State Parks and Historic Site, Education, and Human Services Division, GAO; the Department of Commerce, State of Wyoming; and following officials of the Department of Defense: public witnesses. Robert J. Lieberman, Assistant Inspector General, MISCELLANEOUS MEASURES Auditing; Brig. Gen. Daniel Mongeon, USA, Com- mander, Defense Supply Center, Philadelphia; and Committee on Small Business: Ordered reported the fol- Capt. Charles Hostettler, MSC, USN, Director, lowing bills: H.R. 4530, New Markets Venture Cap- DoD, Pharmacy Programs, TRICARE Management ital Program Act of 2000; and H.R. 4464, amended, Activity; the following officials of the Department of to amend the Small Business Act to authorize the Veterans Affairs: Gary J. Krump, Deputy Assistant Administrator of the Small Business Administration Secretary, Acquisitions and Material Management; to make grants and to enter into cooperative agree- and John Ogden, Chief Consultant, Pharmacy Bene- ments to encourage the expansion of business-to- fits Management Group, Veterans Health Adminis- business relationships and the provision of certain in- tration; and a public witness. formation. DEATH TAX ELIMINATION ACT SMALL COMMUNITY ESSENTIAL AIR SERVICE PROGRAM Committee on Ways and Means: Ordered reported, as amended, H.R. 8, Death Tax Elimination Act. Committee on Transportation and Infrastructure: Sub- committee on Aviation held a hearing on the Future GLOBAL DEVELOPMENTS of the Small Community Essential Air Service Pro- Permanent Select Committee on Intelligence: Met in execu- gram. Testimony was heard from John H. Anderson, tive session to hold a briefing on Global Develop- Jr., Director, Transportation Issues, Resources, Com- ments. Testimony was heard from departmental wit- munity, and Economic Development Division, GAO; nesses. A. Bradley Mims, Deputy Assistant Secretary, Avia- f tion and International Affairs, Department of Trans- portation; and public witnesses. COMMITTEE MEETINGS FOR FRIDAY, PREPAREDNESS AGAINST TERRORISM ACT MAY 26, 2000 Committee on Transportation and Infrastructure: Sub- (Committee meetings are open unless otherwise indicated) committee on Oversight, Investigations, and Emer- Senate gency Management approved for full Committee ac- Committee on Governmental Affairs: to hold hearings to tion, as amended, H.R. 4210, Preparedness Against examine export control implementation issues with re- Terrorism Act of 2000. spect to high performance computers, 10 a.m., SD–342. VETERANS AFFAIRS AND DOD’S JOINT House PHARMACY PROCUREMENT Committee on Government Reform, Subcommittee on Committee on Veterans’ Affairs, Subcommittee on Over- Criminal Justice, Drug Policy, and Human Resources, sight and Investigations held a hearing on the De- hearing on ‘‘Drugs in the Mail: How Can It Be partment of Veterans Affairs and the Department of Stopped?’’ 9:30 a.m., 2154 Rayburn.
VerDate 11-MAY-2000 08:15 May 26, 2000 Jkt 079060 PO 00000 Frm 00007 Fmt 0627 Sfmt 0627 E:\CR\FM\D25MY0.REC pfrm04 PsN: D25MY0 D536 CONGRESSIONAL RECORD — DAILY DIGEST May 25, 2000
Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 10 a.m., Tuesday, June 6 10:30 a.m., Tuesday, June 6
Senate Chamber House Chamber Program for Tuesday: After the recognition of two Sen- Program for Tuesday: To be announced. ators for speeches and the transaction of any morning business (not to extend beyond 12:30 p.m.), Senate will recess until 2:15 p.m. for their respective party con- ferences. At 2:15 p.m., an official Senate photo will be taken; following which, Senate expects to consider any con- ference reports and appropriation bills, when available.
Extensions of Remarks, as inserted in this issue
HOUSE Engel, Eliot L., N.Y., E831, E832, E833, Kelly, Sue W., N.Y., E861 Schaffer, Bob, Colo., E840 E835, E836, E857, E865 Kennedy, Patrick J., R.I., E868 Schakowsky, Janice D., Ill., E839, E847, Ackerman, Gary L., N.Y., E835 Eshoo, Anna G., Calif., E834, E868 Kildee, Dale E., Mich., E833, E835, E882 E851 Andrews, Robert E., N.J., E835, E867 Etheridge, Bob, N.C., E857 Kucinich, Dennis J., Ohio, E859 Shadegg, John B., Ariz., E844 Baca, Joe, Calif., E836 Evans, Lane, Ill., E867 Kuykendall, Steven T., Calif., E865, Shaw, E. Clay, Jr., Fla., E845, E847, Barcia, James A., Mich., E874 Everett, Terry, Ala., E834 E878 E855 Barr, Bob, Ga., E864 Farr, Sam, Calif., E876 LaFalce, John J., N.Y., E847, E852 Skeen, Joe, N.M., E862 Barrett, Thomas M., Wisc., E867 Fowler, Tillie K., Fla., E831 Lampson, Nick, Tex., E857, E865 Slaughter, Louise McIntosh, N.Y., E871 Becerra, Xavier, Calif., E850, E854 Frost, Martin, Tex., E850, E854, E866, Lantos, Tom, Calif., E833, E850, E855, Smith, Christopher H., N.J., E860 Bentsen, Ken, Tex., E861 E878, E879 E863 Stabenow, Debbie, Mich., E874 Bereuter, Doug, Nebr., E869 Gallegly, Elton, Calif., E833 Lee, Barbara, Calif., E873 Stearns, Cliff, Fla., E836 Berman, Howard L., Calif., E877 Gejdenson, Sam, Conn., E838 McCarthy, Karen, Mo., E866 Stenholm, Charles W., Tex., E858, E872 Bonior, David E., Mich., E873 Gephardt, Richard A., Mo., E861 McHugh, John M., N.Y., E880 Stump, Bob, Ariz., E882 Borski, Robert A., Pa., E876 Gillmor, Paul E., Ohio, E831, E832, E834, McInnis, Scott, Colo., E844 Stupak, Bart, Mich., E880 Boyd, Allen, Fla., E870 E835, E837, E839 McKinney, Cynthia A., Ga., E871 Tauscher, Ellen O., Calif., E877 Brown, Corrine, Fla., E877 Gilman, Benjamin A., N.Y., E837 Manzullo, Donald A., Ill., E869 Thompson, Mike, Calif., E845, E847, Callahan, Sonny, Ala., E878 Goodling, William F., Pa., E844, E845 Menendez, Robert, N.J., E851, E855 E866 Calvert, Ken, Calif., E878 Graham, Lindsey O., S.C., E847, E850 Miller, Gary G., Calif., E875 Thurman, Karen L., Fla., E863 Capps, Lois, Calif., E879 Granger, Kay, Tex., E856 Miller, George, Calif., E843 Towns, Edolphus, N.Y., E838, E857, E866 Capuano, Michael E., Mass., E835 Hayes, Robin, N.C., E834, E860, E864, Mink, Patsy T., Hawaii, E838, E846, Udall, Tom, N.M., E862 Chambliss, Saxby, Ga., E836 E875 E849 Visclosky, Peter J., Ind., E865, E867 Clayton, Eva M., N.C., E874 Hayworth, J.D.,´ Ariz., E832 Moran, James P., Va., E875 Waters, Maxine, Calif., E841 Combest, Larry, Tex., E872 Hinojosa, Ruben, Tex., E859 Owens, Major R., N.Y., E868 Weldon, Curt, Pa., E873 Conyers, John, Jr., Mich., E837 Holt, Rush D., N.J., E846, E849, E855 Pallone, Frank, Jr., N.J., E862 Whitfield, Ed, Ky., E877 Costello, Jerry F., Ill., E861 Hooley, Darlene, Ore., E869 Pelosi, Nancy, Calif., E838 Wilson, Heather, N.M., E839 Crowley, Joseph, N.Y., E859, E863 Horn, Stephen, Calif., E846, E876 Pickering, Charles W. ‘‘Chip’’, Miss., Wise, Robert E., Jr., West Va., E877 Davis, Thomas M., Va., E839 Hoyer, Steny H., Md., E831 E856 DeGette, Diana, Colo., E859 Inslee, Jay, Wash., E858 Pitts, Joseph R., Pa., E879 Doolittle, John T., Calif., E832 Jackson-Lee, Sheila, Tex., E881 Rogers, Harold, Ky., E873
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